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.

5.9 GHz NPRM

On Feb. 6, 2020, the FCC published an NPRM to amend its rules for the 5.850–5.925 GHz (5.9 GHz) band. The proposal would permit unlicensed devices to operate in the lower 45-megahertz portion of the band at 5.850–5.895 GHz under part 15 of the Commission’s rules. It would also permit Intelligent Transportation System (ITS) operations in the upper 30-megahertz portion of the band at 5.895–5.925 GHz under parts 90 and 95 of the Commission’s rules. ITS operations would consist of Cellular Vehicle to Everything (C–V2X) devices at 5.905–5.925 GHz, and C–V2X and/or Dedicated Short Range Communications (DSRC) devices at 5.895–5.905 GHz. The document also asks whether alternate spectrum band approaches would better achieve the goal of maximizing the effective and efficient use of the 5.9 GHz band, including whether differently sized sub-bands or greater flexibility to introduce additional vehicular safety communications technologies into the band would be warranted.

Comments are due on or before March 9, 2020 and reply comments are due on or before April 6, 2020.

Uniform Law Commission Autonomous Vehicle Act

The Uniform Law Commission (ULC) recently informed stakeholders that it has completed work on the Uniform Automated Operation of Vehicles Act.  Under the Act, an automated driving provider (ADP) declares itself to the state and designates the automated vehicles for which it will act as the legal driver. The act requires an automated vehicle to be associated with an ADP before the vehicle can be registered in the state. In this way, the Act uses the motor vehicle registration framework that already exists in states to incentivize self-identification by automated driving providers.  It places the responsibility of ensuring compliance with the rules of road on the ADP (i.e., if the AV fails to comply with the state’s rules of the road, it will be the ADP that is liable).

The ULC encourages all states to incorporate the Act into their respective motor vehicle laws. A document explaining why states should adopt the act is online here.

A summary of the Act is online here.

A copy of the Act with comments is online here.

A copy of the Act without comments is online here.

The Protecting Roadside First Responders Act (S.2700)

On Oct. 24, 2019, Sen. Durbin (D-IL) introduced legislation designed to reduce first responder roadside deaths.  The bill would establish a new national safety priority within an existing federal grant program to increase public awareness of “Move Over” laws and encourage implementation of life-saving vehicle technology.  Specifically, the Protecting Roadside First Responders Act would establish move over law education and compliance as a national highway safety priority under existing NHTSA programs.  This would allow states to apply for grant funding to execute move over law awareness campaigns, and to equip vehicles with digital alert and crash avoidance technology.

Additionally, the legislation would:

• Require NHTSA to promulgate rules mandating crash avoidance technology on all new motor vehicles, within two years, including automatic emergency braking, forward collision warnings, and lane departure warnings. 
• Require all federal fleet vehicles to have crash avoidance technology (automatic emergency braking, forward collision warnings, and lane departure warnings) within five years.
• Require all federal fleet vehicles used for emergency response activities to be equipped with digital alert technology within five years.
• Require research on the efficacy of Move Over laws and related public awareness campaigns as well as recommendations on how to improve these efforts to prevent roadside deaths.

The bill was referred to the Committee on Commerce, Science, and Transportation.

The PARK IT Act

On Feb. 25, 2019, Senator Richard Blumenthal (D-CT) announced the introduction of the Protecting Americans from the Risks of Keyless Ignition Technology (PARK IT) Act to protect consumers from the risk of carbon monoxide poisoning and vehicle roll-aways associated with keyless ignition technology in vehicles. The PARK IT Act requires NHTSA to finalize a rule that vehicles automatically shut off after a period of time to prevent carbon monoxide poisoning, and a rule that sets a performance standard to prevent roll-away. Blumenthal announced the legislation at an event in Hartford, Connecticut with Suzi Zitser, whose father died from carbon monoxide poisoning from a Toyota Avalon with a keyless ignition.

The bill (S.543) has been referred to the Committee on Commerce, Science and Transportation

Early Warning Reporting System Improvement Act of 2018

On August 2, 2018, Sen. Markey (D-Mass.) and Sen. Blumenthal (D-Conn.), Commerce, Science and Transportation Committee members, reintroduced the Early Warning Reporting System Improvement Act, which is intended to ensure auto manufacturers provide more information about incidents involving fatalities and serious injuries to the public.  According to the press release issued by the two Senators, Consumer Reports reported in June that NHTSA launched only 13 defect investigations in 2017, an all-time low.  The Senator’s legislation will require NHTSA to make the information it receives from auto manufacturers publicly available in a searchable, user-friendly format so that consumers and independent safety experts can evaluate potential safety defects themselves.

Specifically, the Early Warning Reporting System Improvement Act:

• Requires automobile and equipment manufacturers to automatically submit the accident report or other document that first alerted them to a fatality or serious injury involving their vehicle or equipment to NHTSA’s Early Warning Reporting database. NHTSA is then required to automatically make those documents public unless they are exempted from public disclosure under the Freedom of Information Act (FOIA);
• Requires NHTSA to consider EWR information when it is investigating potential safety defects and when it is evaluating citizen petitions for automobile safety standards or enforcement actions;
• Requires NHTSA to upgrade its online databases to improve searchability, integrate its different databases so they can all be searched at once, and ensure that all documents obtained or created by NHTSA related to a safety incident are both made publicly available and keyword searchable in its databases; and
• Requires NHTSA to provide public, searchable notices of all inspection and investigation activities it undertakes.

For a copy of the bill, click here.

Autonomous Vehicle Legislation - Senate bill (AV START Act - S. 1885)

On Sep. 28, 2017, Senators Thune and Peters introduced bipartisan autonomous vehicle legislation.   The bill is entitled the Advancement of Revolutionary Technologies (AV START) Act (S. 1885).

Highlights include:

Provides Enhanced Safety Oversight – Requires manufacturers to submit safety evaluation reports to the Secretary of Transportation with information addressing important factors including safety, crashworthiness, and cybersecurity through documented testing, validation, and assessment. Such reports must be submitted prior to the testing or deployment of a self-driving vehicle.

Reinforces Federal, State, and Local Roles – Utilizing bipartisan provisions from the SELF-DRIVE Act (H.R. 3388), which passed the House of Representatives without objection, ensures the Department of Transportation’s continued responsibility for automated vehicle design, construction, and performance while maintaining state and local roles in determining traffic laws, registration, and licensing. Directs additional research and coordination with state and local governments on traffic safety and law enforcement challenges. Creates specific requirements for manufacturers to ensure that all self-driving vehicles account for state and local traffic laws.

Reduces Barriers to Deployment – Expands the Secretary’s existing discretionary authority to implement an enhanced review and approval process for federal motor vehicle safety standards to prioritize safety for up to 100,000 vehicles per manufacturer three years after enactment.

Maintains Status Quo for Trucks and Buses – Clarifies that new authorities for self-driving technologies in the AV START Act apply to vehicles weighing 10,000 pounds or less. Maintains existing Department of Transportation authority for advancing automated truck and bus technology in the future.

Brings Existing Rules up to Speed – Directs the Department of Transportation to act quickly to modernize existing federal motor vehicle safety standards, which were written before self-driving vehicles were envisioned.

Strengthens Cybersecurity – Directs the Secretary of Transportation to work with manufacturers to adopt policies related to coordination around and disclosure of potential cybersecurity vulnerabilities. Requires manufacturers to develop and execute a comprehensive written plan for identifying and reducing cybersecurity risks to self-driving vehicles.

Improving Vehicle Safety and Data Sharing – Establishes a committee of experts to identify and develop recommended standards, including for data recording and data access and sharing. Headed by the Secretary of Transportation, the committee will serve as a forum for stakeholders to make recommendations for these and other standards governing self-driving vehicles.

Promotes Consumer Education – Advances guidelines on responsible consumer education and marketing, including on the capabilities and limitations of advanced driver assistance systems and self-driving vehicles, through the establishment of a dedicated working group.

Americans with Disabilities – Improves mobility for Americans with disabilities by preventing the denial of a license to operate a self-driving vehicle on the basis of a disability. Develops best practices regarding self-driving vehicle accessibility.

The bill is scheduled to be marked up on October 4 at 10 am.

For a copy of the bill, click here.  For a section-by-section overview, click here.

House Hearing on ADAS and Self-Driving Cars

On March 28, 2017, the House Energy & Commerce Committee’s Subcommittee on Digital Commerce and Consumer Protection held a hearing entitled: “Self-Driving Cars: Levels of Automation.”

Acknowledging that it may take decades for fully automated vehicles to infiltrate the vehicle fleet, the hearing provided an opportunity for members and invited witnesses to discuss how currently available Advanced Driver Assistance Systems (ADAS) can deliver safety benefits in the near term.  The hearing also provided members another opportunity to ask questions about automated driving technology and the challenges that lie ahead. 

Invited witnesses included the following persons:

Jeff Klei, President, North America Automotive Divisions, Continental AG

Kay Stepper, Ph.D., V.P. Automated Driving & Driver Assistance Systems, Robert Bosch

Bill Gouse, Director of Federal Programs, SAE International

David Zuby, Exec. VP and Chief Research Officer, Insurance Institute for Highway Safety 

Topics discussed included:

- ADAS benefits

- ADAS adoption

- Front AEB

- Rear AEB

- FMVSS updates

- Barriers to testing

- NCAP and the Monroney Label

- SAE automation levels

- Consumer education

- FAVP enhancements

- V2V and spectrum

- Improved mobility via automated driving

- Automated driving skeptics

- WV automated driving summit

- Security & privacy

- Rear seat passenger safety

For more information, contact Dale Kardos at Dale Kardos & Associates, Inc.

SPY Car Act of 2015

On July 21, 2015 Senators Edward J. Markey (D-MA) and Richard Blumenthal (D-CT) introduced the Security and Privacy in Your Car (SPY Car) Act of 2015 that would direct NHTSA and the FTC to establish federal standards to secure cars and protect drivers’ privacy. The SPY Car Act also establishes a rating system — or “cyber dashboard”— that informs consumers about how well the vehicle protects drivers’ security and privacy beyond those minimum standards.

The SPY Car Act includes the following cybersecurity and privacy provisions, as well as the establishment of a rating system, or “cyber dashboard”:

1.     Cybersecurity Standards

NHTSA, in consultation with the FTC, should develop standards that prevent hacking into vehicle controls systems. These performance standards should require:

• Hacking protection: All access points in the vehicle should be equipped with reasonable measures to protect against hacking attacks, including isolation of critical software systems, evaluated using best security practices, such as penetration testing. These measure are  to be  adjusted and updated as a result of the evaluations
• Driving data security: All collected information should be secured to prevent unauthorized access—while stored onboard the vehicle, in transit from the vehicle to another location, and in offboard storage or use
• Hacking mitigation: The vehicle should be equipped with technology that can detect, report and stop hacking attempts in real-time

2.     Cyber dashboard

NHTSA, in consultation with FTC, should establish a “cyber dashboard” that displays an evaluation of how well each automobile protects both the security and privacy of vehicle owners beyond those minimum standards. This information should be presented in a transparent, consumer-friendly form on the window sticker of all new vehicles and is required 2 years after final regulations are prescribed.

3.     Privacy standards

The FTC, in consultation with NHTSA, should develop privacy standards on the data collected by vehicles. These standards should require:

• Transparency: Owners being made explicitly aware of collection, transmission, retention, and use of driving data

• Consumer choice: Owner’s ability to opt out of data collection and retention without losing access to key navigation or other features (when technically feasible), except for in the case of electronic data recorders or other safety or regulatory systems

• Marketing prohibition: Personal driving information may not be used for advertising or marketing purposes without the owner clearly opting in