Advanced vehicle control systems, including autonomous functionality, present novel liability considerations for the auto industry. While current law provides a useful framework to assess manufacturer liability, things may change as the “human error” factor is effectively eliminated as an overwhelming cause of vehicle crashes.

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On November 19, 2020, NHTSA issued an Advance Notice of Proposed Rulemaking (“ANPRM”) asking interested parties and the public to provide the agency with information intended to help NHTSA devise a “Framework for Automated Driving Safety” that will allow the agency to implement safety standards for the operation and performance of automated driving systems. Comments are due 60 days after the ANPRM is published in the Federal Register. NHTSA last addressed AV in March, when it issued a Notice of Proposed Rulemaking addressing occupant safety and crashworthiness for AVs that do not have typical seating configurations. This notice addresses operation of the automated systems in SAE Level 4 and 5 vehicles. 
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