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With the introduction of automated vehicle technology, everything changes from the vehicle design which does away with the steering wheel and pedals, to actually defining who is driving, a human or software. Developing vehicles which drive without human intervention will prove to be more challenging than originally anticipated as Tesla, a U.S. automotive and energy storage company, learned recently when an autopilot feature went awry. 

The NHTSA (National Highway Traffic and Safety Administration) agrees that automated vehicles have the potential to save thousands of lives as 94 percent of crashes on U.S. roadways are caused by human choice or error. It further recognizes that Federal auto safety guidelines not only have to be altered to accommodate automated technology, but also to anticipate the changes ahead. 

On September 19, 2016 the White House, NHTSA and the U.S. DOT (Department of Transportation) announced the first federal policy on automated vehicles. “The Vehicle Performance Guidance for Automated Vehicles” outlines best practices for the safe design, development and testing of automated vehicles prior to commercial sale or operation on public roads. 

In the September 19 press release the NHTSA said, “The primary focus of the policy is on highly automated vehicles (HAVs), or those in which the vehicle can take full control of the driving task in at least some circumstances. Portions of the policy also apply to lower levels of automation, including some of the driver-assistance systems already being deployed by automakers today.” 

The White House Press Office issued a fact sheet at the same time which outlined the following components of the policy: 

Vehicle Performance Guidance for Automated Vehicles: The guidance for manufacturers, developers and other organizations outlines a 15 point “Safety Assessment” for the safe design, development, testing and deployment of automated vehicles. 

Model 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 highly automated vehicles. 

Current Regulatory Tools: This 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 non-traditional vehicle designs in a more timely fashion. 

Modern Regulatory Tools: This identifies potential new regulatory tools and statutory authorities that may aid the safe and efficient deployment of new lifesaving technologies. 

Initially the reaction to the policy has generally been positive. The Intelligent Car Coalition, a Washington, DC-based group that includes vehicle makers, tech firms, and communications companies said, "We applaud regulators for seeking to implement a flexible approach that encourages the development of quickly-evolving safety innovations in order to realize those benefits rapidly."   

At the same time that the Federal automated vehicles policy was released, NHTSA released a final enforcement guidance bulletin clarifying how its recall authority applies to automated vehicle technologies. In particular, the enforcement bulletin emphasizes that semi-automated driving systems, which are systems in which the human continues to monitor the driving environment and perform some of the driving tasks, may fail to adequately account for the possibility that a distracted or inattentive driver-occupant might fail to retake control of the vehicle in a safety-critical situation. This situation may be defined as an unreasonable risk to safety and subject to recall, according to Forbes. 

The DOT wants to hear from you about the Federal Automated Vehicles Policy. NHTSA is accepting comments through November 22, 2016. For more information about how to submit comments, please call NHTSA’s Office of the Chief Counsel at 202-366-2992.  

“This is a new frontier in technology and one that needs the input of everyone. We at Spivey Law Firm, Personal Injury Attorneys, P.A. recommend that if you have any comments relating to this issue that you take advantage of the opportunity of submitting them to the NHTSA before the November 22 deadline,” said Fort Myers Auto Accident Attorney, Randall Spivey.

Fort Myers Auto Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.