Jonathan Morrison
Chief Counsel
12.04.2020

NHTSA’s Mission

Save lives, prevent injuries, and reduce
economic costs due to road traffic crashes,
through education, research, safety
standards, and enforcement activity.

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NHTSA’s Vehicle Safety Approach
FederalMotor Vehicle
SafetyStandards

VehicleRecalls

CrashRatings

Research

4Vehicle Safety Act - Key Statutory Provisions
StatutePurpose and Policy:• Reduce traffic accidents and deaths and injuries resulting from traffic
accidents. 49 U.S.C. § 30101
Federal Motor Vehicle Safety Standards:• NHTSA’s authorities demand that the agency prescribe motor vehicle
safety standards that are practicable, meet the need for motor vehicle
safety, and stated in objective terms. 49 U.S.C. § 30111
Manufacturer obligations:• Manufacturers are prohibited from manufacturing for sale, selling, offering
for sale, introducing or delivering in interstate commerce, or importing
vehicles that do not comply with the FMVSS or contain a safety-related
defect. 49 U.S.C. § 30112
Motor vehicle safety defined:• Motor vehicle safety means the performance of a motor vehicle in a waythat protects the public against an unreasonable risk of accidents occurring
because of the design, construction, or performance of a motor vehicle, andagainst unreasonable risk of death or injury in an accident. 49 U.S.C. §30102

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Federal Motor Vehicle Safety Standards (FMVSS)• FMVSS are rigorous and robust – must be objective,

practicable, and meet the need for motor vehicle safety.
• FMVSS prescribe performance requirements for safetysystems and components on motor vehicles.
• Data-driven, transparent process to develop regulations formotor vehicle safety.Self-Certification• Manufacturers certify that vehicles comply with all FMVSS at thetime of production• Manufacturers must exercise reasonable care when certifying

compliance• Affix permanent placard to all vehicles certifying compliance• Manufacturers maintain supporting data, available upon request

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Compliance Oversight7• Strong compliance oversight through post-market

purchasing and testing by NHTSA.
• Encourages robust safety margins for automotive products.
• Diligent enforcement for products found non-compliant,

including authority to require recalls of non-complaint
vehicles and equipment.

Defect Investigation• Even absent a regulation, NHTSA can require recalls for products thatpose an unreasonable risk to safety.
• Safety-related defects are those relating to design, manufacturing, orperformance that pose an unreasonable risk of accidents occurring ordeath or injury in case of an accident• The Safety Act treats vehicles with a safety-related defect the same

way as it treats non-compliant vehicles, requiring recall and remedy to
be carried out by the manufacturer.

8Defect Investigation• NHTSA checks for defects through active monitoring of on-road safety via

multiple channels:
oooooConsumer complaints
OEM notices and bulletins
Warranty claim
Foreign recalls
Fatalities and crash data

• Effective identification and investigation of safety problems early in theprocess is important9

Enforcement• There are consequences for putting unsafe or non-compliant

vehicles or equipment on the road.
• In addition to vehicle or equipment recalls, manufactures may besubject to penalties for failure to certify, fraudulent certification,
failure to report a defect, or failure to report in a timely manner.
• Penalties are assessed up to $22,329 per violation, with amaximum penalty for a related series of violations of$111,642,265.

10Automated Driving
Systems

Image by: Tabercil; available at https://commons.wikimedia.org/wiki/File:KITT_Interior_at_Toronto

Automated Driving Systems
Principles guiding the Department’s work:
1.

Prioritize safety

2.

Remain technology neutral

3.

Modernize regulations to be more performance-based

4.

Encourage regulatory consistency with States

5.

Facilitate the safe integration of vehicles with automated drivingsystems

6.

Promote choice in mobility

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Guidance Documents•

Automated Driving Systems (ADS) 2.0:
A Vision for Safety•

Focuses on SAE International Levels ofAutomation 3-5;

•Encouraged developers to ensure appropriate
treatment of critical safety elements in specificareas of design, and make public these efforts;•Clarifies that entities do not need to wait to test
or deploy their ADS;

•Aligns Federal Guidance with developments andindustry terminology; and•Clarifies Federal and State roles.

• AV 3.0 and 4.01313

Risk-Managed Exemptions••

NHTSA’s Statutory Authorities provide the ability
to provide limited exemptions to allow operationsof non-compliant vehicles on public roads:•Research and Demonstration•Deployment Exemptions (2,500/year)

These authorities provide the agency withdiscretion to impose appropriate terms on
potential exemptions.

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Ongoing
Regulatory Efforts
Nine ADS-Related Rulemakings in Progress,
including priority rulemakings for 2020:•Removing Unintended and Unnecessary
Regulatory Barriers in the Federal Motor Vehicle
Safety Standards•Safety Principles for Automated Driving Systems