MotorVehicleRegs.COM

2021-2022 NTSB Most Wanted List (MWL)

On April 6, 2021, the National Transportation Safety Board issued its 2021-2022 Most Wanted List (MWL) highlighting transportation safety improvements needed now to prevent accidents, reduce injuries and save lives.  Included in the list are recommendations to:

- Implement a Comprehensive Strategy to Eliminate Speeding-Related Crashes

​- Protect Vulnerable Road Users through a Safe System Approach

- Prevent Alcohol- and Other Drug-Impaired Driving

- Require Collision-Avoidance and Connected-Vehicle Technologies on all Vehicles

- Eliminate Distracted Driving

NTSB is calling on NHTSA to:

Develop performance standards for advanced speed-limiting technology, such as variable speed limiters and intelligent speed adaptation devices, for heavy vehicles, including trucks, buses, and motorcoaches. Then require that all newly manufactured heavy vehicles be equipped with such devices.

Identify best practices and science-based countermeasures to prevent drug-impaired driving; develop a standard of practice for drug toxicology testing and improving roadside oral-fluid screening devices for better detection of drug-impaired drivers; and finalize development of in-vehicle alcohol detection technology.

Complete standards for collision-warning and automatic emergency braking (AEB) systems in commercial vehicles and require this technology in all highway vehicles and all new school buses.

Develop performance standards for connected-vehicle technology and restart the proposed rulemaking to require this technology be installed on all newly manufactured highway vehicles.

Improve consumer awareness about collision-avoidance systems available in passenger vehicles by improving how these technologies are tested, evaluated, and rated in the New Car Assessment Program’s 5-star rating system.

Many other recommendations are made in the MWL.  For more information, click here.

Regulatory and Legislative Tracking Reports for Vehicle Manufacturers and Suppliers

Since 1999, Kardos & Associates LLC has supplied the auto industry with the most comprehensive regulatory and legislative tracking reports available. We currently offer clients the following:

Motor Vehicle Safety & Emissions Regulatory Update (the REG UPDATE)

The REG UPDATE has been tracking US and Canadian regulatory activity impacting the auto industry for over twenty years. Regulations developed by the NHTSA, FMCSA, EPA, FCC, CARB, Transport Canada, and Environment Canada are the focus. For each rulemaking, the Reg Update provides a description of the rulemaking, comment deadlines, effective dates, a docket reference, and links to documents available online. Deadlines and critical path items are color-coded so that you can quickly identify what’s new and important. In addition to being an excellent tool for tracking regulatory activity, the Reg Update is a great archive of past actions. The report contains information on virtually every rulemaking affecting automakers from the past two decades. Approximately 400 pages in length.

U.S. Safety & Fuel Economy Regulatory & Legislative Update
The U.S. Safety & Fuel Economy Regulatory & Legislative Update provides a snapshot of the past month’s legislative and regulatory activities relating to safety, emissions and fuel economy. The report provides brief summaries of notices issued by DOT, EPA, CARB and others. With regard to federal legislation, the report covers newly introduced bills, information on committee hearings, etc. Activities at the state level pertaining to emerging technologies (e.g., automated vehicles, advance driver assistance systems, EVs and EV infrastructure, etc.) are also covered.

Federal Legislation Tracking Report
Our legislative tracking report focuses on matters relating to environment and energy, safety and fuel economy/climate change. The report covers two years-worth of bills (the length of each Congressional session) and includes summaries and status updates for each tracked bill. Links to bill text and related information are provided.

All of our reports are distributed monthly via email as a PDF. Subscribers also get access to an online archive of past reports.

For pricing, contact Dale Kardos at (202) 3064997 or [email protected]. For more information about Kardos & Associates LLC, see www.kardosllc.com.

For a PDF of this information, click here.

NHTSA’s Phase 2 Distraction Guidelines for Portable and Aftermarket Devices

On Dec. 5, 2016, NHTSA published a notice in the Federal Register proposing the agency’s Phase 2 Distraction Guidelines for Portable and Aftermarket Devices. 

Unlike NHTSA’s Phase 1 Guidelines (which applied to OE in-vehicle interfaces), the Phase 2 guidelines apply to the visual-manual interfaces of portable devices (e.g., smartphones, tablets, and navigation devices) and aftermarket devices (i.e., devices installed in the vehicle after manufacture).  The Phase 2 Guidelines  apply to the interfaces of portable and aftermarket devices used in light, medium and heavy vehicles.

The proposed Phase 2 Guidelines present two concurrent approaches for mitigating distraction associated with the use of portable and aftermarket devices by drivers.

First, the proposed Guidelines recommend that portable and OE in-vehicle systems be designed so that they can be easily paired to each other and operated through the OE in-vehicle interface. Assuming that the OE in-vehicle interface conforms to the Phase 1 Guidelines, pairing would ensure that the tasks performed by the driver while driving meet the time-based, eye-glance task acceptance criteria specified in the Phase 1 Guidelines. Pairing would also ensure that certain activities that would inherently interfere with the driver’s ability to safely control the vehicle would be locked out while driving (i.e., the “per se lock outs” referred to in the Phase 1 Guidelines).

The second approach recommended by the proposed Phase 2 Guidelines is that portable devices that do not already meet the NHTSA glance and per se lock out criteria when being used by a driver should include a Driver Mode that is developed by industry stakeholders (i.e., Operating System or handset makers).

The Phase 2 Guidelines also include recommendations for aftermarket devices (devices that are intended to be permanently installed in the vehicle), which were not addressed in Phase 1. The proposed Phase 2 Guidelines suggest that aftermarket devices meet the same task acceptance criteria and other relevant recommendations as specified for OE interfaces in Phase 1.

With regard to conformance and lead time, NHTSA states that the Phase 2 guidelines are voluntary and non-binding and therefore they do not have a “lead time” in the same way that a FMVSS or other regulation has a lead time. The document states clearly that portable and aftermarket device manufacturers, application developers, and vehicle manufacturers are not required to meet the NHTSA Guidelines.  That said, NHTSA believes that it would be reasonable for affected parties to ensure compliance with final guidance in 16 months time. 

Comments on the Phase 2 guidelines are due Feb. 3, 2017.

Docket Reference: NHTSA-2013-0137

Trump's NHTSA

I am in the regulatory affairs business so every year around this time, I put together a list of NHTSA regulations that I think will be issued in the coming year.  Each year I somehow manage to get it wrong and in 2016, things were no different.  Only a handful of my predictions came true.  Yes, rules concerning V2V communications, minimum sound requirements for electric vehicles, fuel consumption rule for heavy trucks were issued as expected.  Many other rules, however, addressing important topics like child restraint side impact testing, bus rollover, and EDRs never made it out. 

What happened in 2016 is that the Administrator called an audible and ran an end-run around regular order and pursued a number of non-regulatory measures – things like the automatic emergency braking agreement, automated vehicle guidance, distraction guidelines for portable devices, cybersecurity guidelines, and a major upgrade to the New Car Assessment Program (NCAP).  Of these initiatives, only the AEB agreement was finalized and now, as a result of the recent lawsuit filed by consumer and safety advocates who think that AEB should be a mandatory, even it may be in jeopardy.

As we prepare for a new era of regulation under Donald Trump, folks are now wondering what will become of these initiatives and the backlog of rules.  To get a hint at how 2017 will play out, we should probably take a look at what transpired back in January of 2001 when George W. Bush took office.  It’s been almost sixteen years since Andy Card (George W. Bush’s Chief of Staff) issued his January 20, 2001 memorandum to heads of agencies advising them not to send any new regulations to the Office of the Federal Register until they could be reviewed by the new administration.   Those of us who were around back then know that this memo had a chilling effect on regulatory activity.  Consequently, in 2001, only a few rules were issued by NHTSA.  Not-so-critical issues like headlight glare and trunk entrapment were addressed.   

If history repeats itself, Reince Priebus will issue a similar directive on January 20, 2017 and there will be few, if any, new regulations published in the year to come. No shocker there.  Afterall, Trump campaigned on eliminating regulations.  But what about all those non-regulatory actions Mark Rosekind initiated in 2016?  What will become of those?  As proposed, the NCAP upgrade will incentivize manufacturers to install important crash avoidance technologies such as forward collision warning, lane departure warning, blind spot detection, semi-automatic headlamp beam switching, rear automatic, and pedestrian automatic emergency braking.  But the NCAP upgrade will also force manufacturers to redesign their vehicles to comply with new oblique crash test and pedestrian protection requirements.  It is fine for NHTSA to push the adoption of crash avoidance technology via NCAP but crash test standards and new injury criteria are probably best pursued via traditional rulemaking procedures.

Then there is NHTSA’s automated vehicle policy.   Pretty much everyone involved in this space would like to see leadership at the federal level.  Every month that goes by where we have a federal policy that lacks the clarity stakeholders require presents another opportunity for state DOTs and their legislatures to create a patchwork of state requirements that could stifle innovation and delay the realization of benefits.  Leadership and swift action in this area is needed.  We cannot afford to have state agencies issuing rule after rule while the new administration does nothing.  We will also need leadership from NHTSA on the V2V communication rule as this is another complex undertaking that requires the support of the federal government.  With distraction rampant and fatalities on the rise in the U.S., we need a V2V framework that will make it possible for important safety applications to be delivered in the future.  If the agency puts the V2V rule on hold or the FCC takes back the spectrum that was granted to our industry, live saving applications life Left Turn Assist and Intersection Movement Assist may never be realized.

So, as we prepare to say goodbye to 2016 and ring in the new year, I hope that the new administration will resolve to follow regular order and take the actions necessary to support the testing and deployment of promising new technological safety advancements.

Dale Kardos

President, Dale Kardos & Associates, Inc.

About Dale Kardos: Dale Kardos is a regulatory affairs consultant based in Washington, DC.  For over 20 years, his firm Dale Kardos & Associates, Inc. has been assisting vehicle OEMs, suppliers, automotive trade associations and others in confronting environment, energy and safety regulation and legislation.  He is also the founder of Mobilis Trading LLC which offers an online auction platform for buying and selling regulatory compliance credits.

Phase 2 Driver Distraction Guidelines

On March 12, 2014, NHTSA will hold a public meeting to bring together vehicle manufacturers, suppliers, portable and aftermarket device manufacturers, portable and aftermarket device operating system providers, cellular service providers, industry associations, “app” developers, researchers and consumer groups to discuss technical issues regarding the agency’s development of Phase 2 Driver Distraction Guidelines for portable and aftermarket devices.  The meeting will be held in Washington, DC starting at 1 pm.  Persons interested in attending the meeting need to contact Julie Kang at [email protected] or (202) 366-5677 no later than March 3, 2014.  Persons interested in making remarks at the meeting must inform Julie Kang by March 7. Docket reference: NHTSA-2013-0137.  For a copy of the meeting notice, click here.

Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle Electronic Devices

On April 26, 2013, NHTSA published a notice in the Federal Register announcing that it is issuing nonbinding, voluntary Driver Distraction Guidelines (NHTSA Guidelines) to promote safety by discouraging the introduction of excessively distracting devices in vehicles.

The notice announces the issuance of the final version of the first phase of the NHTSA Guidelines. This first phase applies to original equipment (OE) in-vehicle electronic devices used by the driver to perform secondary tasks (communications, entertainment, information gathering, navigation tasks, etc. are considered secondary tasks) through visual-manual means (i.e., the driver looks at a device, manipulates a device-related control with his or her hand, and/or watches for visual feedback).

The NHTSA Guidelines list certain secondary tasks believed by the agency to interfere inherently with a driver's ability to safely control the vehicle. The NHTSA Guidelines recommend that in-vehicle devices be designed so that they cannot be used by the driver to perform these inherently distracting secondary tasks while driving. For all other visual-manual secondary tasks, the NHTSA Guidelines specify a test method for measuring eye glance behavior during those tasks. Eye glance metrics are compared to acceptance criteria to evaluate whether a task interferes too much with driver attention, rendering it unsuitable for a driver to perform while driving. If a task does not meet the acceptance criteria, the NHTSA Guidelines recommend that the task be made inaccessible for performance by the driver while driving. 

In addition, the NHTSA Guidelines contain several recommendations to limit and reduce the potential for distraction associated with the use of OE in-vehicle electronic devices. 

NHTSA contact: Dr. W. Riley Garrott, Vehicle Research and Test Center, phone: (937) 666-3312. 

Note: The final version of the first phase of the NHTSA Guidelines does not have the force and effect of law and is not a regulation. These Guidelines will not be published in the Code of Federal Regulations but will be posted on NHTSA's Web site, www.nhtsa.gov, and on DOT's distracted driving Web site Distraction.gov. 

Docket ref: NHTSA-2010-0053.

Monthly Regulatory & Legislative Tracking Reports Available for 2013 - Sign Up Now!

Since 1995, Dale Kardos & Associates, Inc. (DKA Inc.) has been supplying automakers, automotive suppliers and their trade associations with comprehensive detailed regulatory and legislative tracking reports.  Each month, DKA Inc. publishes the following three related, but uniquely-focused, tracking reports:

The Reg Update

The Reg Update is a monthly report that tracks the status of all North American regulatory activity concerning emissions, fuel economy (CO2) and safety (we track all regulatory actions of NHTSA, EPA, California Air Resources Board, Transport Canada, Environment Canada, and Section 177 States (i.e., states that have adopted CA’s Low Emission Vehicle program rules). For each rulemaking, the Reg Update provides electronic links to the latest official publications and includes information concerning comment period deadlines, anticipated future actions, projected implementation dates, and more.  In print since 1998, the Reg Update also serves as a tremendous archive of past actions. 

U.S. Motor Vehicle Safety and Legislative Update

The U.S. Motor Vehicle Safety & Legislative Update is a monthly report summarizing the past month’s legislative and regulatory activity concerning motor vehicle safety, emissions, and fuel economy/GHG issues.  The report provides brief summaries of and electronic links to key Federal Register notices, Congressional bills, public laws, NHTSA interpretation letters, recall listings, defect reports, NCAP test results, etc.  The report also covers financial incentive program announcements coming out of the Department of Energy, California and elsewhere.

Status of Motor Vehicle Related Legislation in the 113^th Congress

This report is devoted to keeping automakers and supplier up-to-date on the status of all legislation pending in the U.S. Congress that may potentially affect the auto industry.  We cover the introduction of all new bills and track their status over the course of the next two years.  We’ll provide updates on any official new activity related to the bill, increases in sponsorship, etc.  The report typically groups bills into the following categories:  Appropriations, Climate Change/GHG/Environment, Financial Incentive Programs, Biofuels and Flex Fuel Vehicles, Funding for Vehicle Development, Safety, Toxic Chemicals, misc.

 Report samples are available via the links below:

1.  Download REG UPDATE (SAMPLE - DEC 2012)

2. Download US Motor Vehicle Regulatory and Legislative Update (Dec 2012)

3. Download 111TH CONGRESS MOTOR VEHICLE LEGISLATION TRACKING SUMMARY (SAMPLE)

Pricing: The above reports can be purchased individually or at a discount (as a package).  A one year subscription is required (12 monthly updates).  For pricing and/or questions, please send an email to Dale Kardos ([email protected]).

NHTSA Driver Distraction Guidelines

On Feb. 16, 2011, U.S. Transportation Secretary Ray LaHood announced the first-ever federally proposed guidelines to encourage automobile manufacturers to limit the distraction risk for in-vehicle electronic devices. The proposed voluntary guidelines would apply to communications, entertainment, information gathering and navigation devices or functions that are not required to safely operate the vehicle.

Issued by NHTSA, the guidelines would establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require visual or manual operation by drivers. The announcement of the guidelines comes just days after President Obama's FY 2013 budget request, which includes $330 million over six years for distracted driving programs that increase awareness of the issue and encourage stakeholders to take action.

Geared toward light vehicles (cars, SUVs, pickup trucks, minivans, and other vehicles rated at not more than 10,000 pounds gross vehicle weight), the guidelines proposed today are the first in a series of guidance documents NHTSA plans to issue to address sources of distraction that require use of the hands and/or diversion of the eyes from the primary task of driving.

In particular, the Phase I proposed guidelines released today recommend criteria that manufacturers can use to ensure the systems or devices they provide in their vehicles are less likely to distract the driver with tasks not directly relevant to safely operating the vehicle, or cause undue distraction by engaging the driver's eyes or hands for more than a very limited duration while driving. Electronic warning system functions such as forward-collision or lane departure alerts would not be subject to the proposed guidelines, since they are intended to warn a driver of a potential crash and are not considered distracting devices.

The proposed Phase I distraction guidelines include recommendations to:

• Reduce complexity and task length required by the device;
• Limit device operation to one hand only (leaving the other hand to remain on the steering wheel to control the vehicle);
• Limit individual off-road glances required for device operation to no more than two seconds in duration;
• Limit unnecessary visual information in the driver's field of view;
• Limit the amount of manual inputs required for device operation.

The proposed guidelines would also recommend the disabling of the following operations by in-vehicle electronic devices while driving, unless the devices are intended for use by passengers and cannot reasonably be accessed or seen by the driver, or unless the vehicle is stopped and the transmission shift lever is in park.

• Visual-manual text messaging;
• Visual-manual internet browsing;
• Visual-manual social media browsing;
• Visual-manual navigation system destination entry by address;
• Visual-manual 10-digit phone dialing;
• Displaying to the driver more than 30 characters of text unrelated to the driving task.

NHTSA is also considering future, Phase II proposed guidelines that might address devices or systems that are not built into the vehicle but are brought into the vehicle and used while driving, including aftermarket and portable personal electronic devices such as navigation systems, smart phones, electronic tablets and pads, and other mobile communications devices. A third set of proposed guidelines (Phase III) may address voice-activated controls to further minimize distraction in factory-installed, aftermarket, and portable devices.

The Phase I guidelines will be published in the Federal Register and members of the public will have the opportunity to comment on the proposal for 60 days. Final guidelines will be issued after the agency reviews and analyzes and responds to public input.

NHTSA will also hold public hearings on the proposed guidelines to solicit public comment. The hearings will take place in March and will be held in Los Angeles, Chicago, and Washington D.C.

To view the proposed electronic equipment guidelines, click here.

 

Driver Distraction

On January 12, 2010, Tuesday, January 12, 2010, DOT Secretary LaHood and National Safety Council President Janet Froetscher announced the creation of FocusDriven, a nonprofit organization that will be devoted to raising awareness about the dangers of distracted driving. The group will be led by Jennifer Smith, an advocate against distracted driving.

FocusDriven is modeled after Mothers Against Drunk Driving (MADD). According to the press release issued by DOT, FocusDriven hopes to provide support for victims of distracted driving but also expand its mission to include education and the evaluation of new technologies.

For more information about preventing distracted driving, please visit www.distraction.gov, www.nsc.org, and www.focusdriven.org.