DOT Lays Out Highly Automated Vehicle Policy

This week the U.S. Department of Transportation released its highly automated vehicle (HAV) policy for public comment. The policy applies to vehicles that can take full control of the driving task in at least some circumstances, known as HAVs. Portions of the policy also apply to lower levels of automation as well, including some of the driver-assistance systems already being deployed by automakers today. Components of the policy include:

• Vehicle Performance Guidance for HAVs: The HAV guidance for manufacturers, developers and other organizations outlines a 15 point “Safety Assessment” for the safe design, development, testing and deployment of automated vehicles. It includes items such as privacy, system safety, data recording and sharing, the human-machine interface and vehicle cybersecurity.
• Model HAV State Policy: This section presents a clear distinction between federal and state responsibilities for regulation of HAVs, and suggests recommended policy areas for states to consider with a goal of generating a consistent national framework for the testing and deployment of them. HAV safety compliance and enforcement should lie with the federal government, while licensing, safety inspections, insurance and enforcing traffic laws lies with the states.
• Current HAV Regulatory Tools: This discussion outlines DOT’s current regulatory tools that can be used to accelerate the safe development of HAVs, such as interpreting current rules to allow for greater flexibility in design and providing limited exemptions to allow for testing of nontraditional vehicle designs in a more timely fashion.
• Modern HAV Regulatory Tools: This discussion identifies potential new regulatory tools and statutory authorities that may aid the safe and efficient deployment of new lifesaving technologies.

The Department is soliciting additional public comments for the next 60 days on the HAV policy. Through a series of next steps and in response to public comments, DOT intends to update it annually.

HAV technology can dramatically improve the safety and efficiency of the transportation system, but it’s all at risk. How companies developing this technology proceed over the next few years will determine whether the public actually accepts these innovations. And so far, many Americans are unsure.

Nevertheless, these companies are already beginning to position themselves to the public as the leaders in HAV safety. GM said as much in an interview with Fast Company this week, with CEO Mary Barra noting:

“We want to be known as industry leaders in safety. When we put a vehicle out on the road, we’ve done everything to validate it using our 100 years of experience.”

Moreover, in conjunction with the federal HAV policy release, Audi of America President Scott Keogh published an op-ed in the Wall Street Journal warning the industry against rushing to adopt HAV technologies for fear of permanently alienating consumers, citing a survey in which 57% of Americans survey expressed more worry than excitement about the rise of HAVs. He noted:

“No model on the road today drives itself. Yet automakers new and old continue to oversell current technology, prematurely suggesting that vehicles with automated-driving functions are actually self-driving. The media has often failed to vet these claims. As auto makers, we must resist the temptation to exaggerate and remain honest about the technology’s limits.”

Keogh notes that the only way forward is to “chart a clear, deliberate path forward that establishes a common understanding.” That starts with actually defining HAV technology and he also highlighted DOT’s federal policy as a pathway forward. “Those companies that can build and market the safest vehicles will win, regardless of history or record of accomplishment.” He noted in closing:

“As this revolution unfolds, auto companies are increasingly becoming technology companies—and vice versa. The importance of safety, and being honest about it, will only increase. Whether you develop software or bend metal, we’re all auto makers now.”