Rule Patchwork Curbs Self-Driving Tech, Automakers to Testify; Thune, Peters Plan a Bill

“Many current federal vehicle safety standards reference placement of driver controls and other systems that assume a human operator," said Thune and Peters in a joint statement. "While these requirements make sense in today’s conventional vehicles, they could inhibit innovation or create hazards for self-driving vehicles. Left on its own, the slow pace of regulation could become a significant obstacle to the development of new and safer vehicle technology in the United States." They said they want to "improve regulatory flexibility" without changing the requirements that would affect conventional cars. They said discussion would address the existing patchwork of laws and regulations, plus roles for both federal and state regulators.

All House witnesses said state and local requirements or proposals to regulate the self-driving sector hindered the technology's progress. "This scenario is well on its way to becoming reality," Joseph Okpaku, Lyft vice president-government relations, plans to testify. "Since the beginning of the new year, over 20 States have filed nearly 60 bills to regulate the testing and deployment of" autonomous vehicles, he plans to say. "While most of the bills are well-intentioned, it is our position that States should not rush to regulate this technology.”

The National Highway Traffic Safety Administration likely should be in charge of developing a national framework in consultation with industry, the public and state and local policymakers because the agency has the resources and technical expertise, Rand Corp. senior information scientist Nidhi Kalra says, in her prepared remarks. In September, NHTSA released guidelines that provide the contours for automakers and other tech companies developing the autonomous technology (see 1609200039 and 1609160038).

Gill Pratt, who heads the Toyota Research Institute formed a year ago, plans to testify that NHTSA's policy released last year was important in solidifying its leadership on automated vehicles but several areas in the document are unclear or provide inconsistent direction to states on their regulatory activity. He said there's "conflicting language" in the federal document that gives NHTSA authority "alone" to regulate highly automated vehicles but then "just a few pages later" encourages states to require compliance with the agency's proposed safety assessment. He backed barring states from oversight of the performance of self-driving technology.

Witnesses noted other concerns with regulations holding back self-driving cars. "Current Federal Motor Vehicle Safety Standards ... do not contemplate vehicles without human drivers," Mike Ableson, General Motors' vice president-global mobility strategy, plans to remark. "Without changes to those regulations, it may be years before the promise of today's technology can be realized and thousands of preventable deaths that could have been avoided will happen." GM is testing self-driving Chevrolet Bolt electric vehicles in Scottsdale, Arizona, San Francisco and soon in Detroit in a "deliberate and controlled way," but he will say automakers need to test self-driving cars in greater numbers to collect more safety data. He proposes the transportation secretary be given authority to grant specific exemptions for development of the technology.

Rand's Kalra said more real-world tests need to be done through lower-risk pilots in "less-complex terrain" and that limit consequences to passengers and bystanders: Industry needs to be sharing driving data, including crashes and failures and miles traveled, among itself and with policymakers to enhance safety and performance. While protecting trade secrets is important, she said they can be addressed and must be balanced with the "societal need" for the safe car technology. Pratt said NHTSA should revise guidelines to give automakers greater flexibility in making system changes or updates without having to submit a safety assessment each time, which could slow development.

NHTSA guidelines contain "many ambiguities" on data sharing, notification of safety system performance and how it affects current systems that need to be clarified and give industry more "certainty and lead time" in the manufacturing process, Anders Karrberg, Volvo vice president-government affairs, plans to testify. He will say Congress and the agency should encourage development of "crash avoidance technologies" -- automatic emergency braking systems, lane departure warning systems and pedestrian detection -- that are precursors to self-driving cars and will improve traffic safety before the vehicles reach the market.