Safety Considerations for Automated Passenger Vehicles

Automated vehicle technologies offer a range of driver support functions that some stakeholders assert may improve traffic safety. These technologies vary in their capabilities and current stages of development. Select automation technologies are currently available in many privately owned passenger vehicles, while vehicles with automation technologies allowing for reduced or no driver responsibility are generally limited to specific services in select cities across the country. Motor vehicle crashes are a leading cause of death in the United States, and several stakeholders, including automotive companies, regulators, and safety advocates, have attempted to mitigate crash frequency through various measures, including the standardization of safety technologies. Advocates of automated vehicle technologies suggest that these technologies could lower the traffic fatality rates in the United States if they are more widely adopted. However, there is a lack of consensus on the evaluation criteria and safety benefits of automated vehicle technologies. Some studies have evaluated the performance of these technologies compared to human drivers, but the scope and results of these evaluations vary. Stakeholders from the automotive and technology industries identify automated vehicles as a mechanism to bolster driver safety in the near term. Safety advocacy groups see potential safety benefits of automated vehicles and generally advocate for more testing and stringent evaluations before implementing the technologies. Meanwhile, the extent of consumer confidence and trust in automated vehicle technologies may affect consumer demand for them. The National Highway Traffic Safety Administration (NHTSA), a part of the Department of Transportation (DOT), is the federal agency primarily responsible for overseeing the safe deployment of automated vehicle technologies in passenger vehicles. NHTSA has several responsibilities, including establishing Federal Motor Vehicle Safety Standards (FMVSS), conducting investigations, issuing recalls, and rulemaking. FMVSS are a means to ensure safety in performance and design, but the standards are primarily designed around human-driven vehicles. This may limit aspects of the development of automated vehicles. NHTSA uses its investigative and recall powers to evaluate the safety of vehicles and has investigated and recalled vehicles equipped with automated vehicle technologies. NHTSA has proposed several rules and finalized one rule related to automated vehicle technologies. State governments have taken a variety of approaches to regulating automated vehicles with limited guidance from NHTSA. Congress has provided direction related to automated vehicles through surface transportation reauthorization and annual appropriations acts. Such efforts include grant programs that may support the deployment of automated vehicles and studies on the status of automated vehicle technologies and federal readiness. Between the 114th and 119th Congresses, some Members have introduced legislation to adjust FMVSS for automated vehicle technologies, establish an advisory council for the safe implementation of automated vehicle technologies, create additional grant programs that may support automated vehicle deployments, alter exemption requirements for automated vehicles, and establish programs to facilitate the deployment of automated vehicle technologies. Congress may opt to evaluate the development of this technology and requirements for its safety and engage in congressional oversight. Legislative options include directing NHTSA to adjust the performance and design evaluation of automated vehicles, altering the data reporting requirements for automated vehicles, standardizing certain automated vehicle technologies, instituting programs to educate drivers on the proper use of the technology, and expanding research programs for these technologies. Congress may also continue with the status quo or opt to scale back federal activity or requirements. In considering whether or not to continue federal activities in automated vehicle deployments, Congress may consider the ability of the private sector, state or local public sector agencies, and research institutes to increase their roles in certain circumstances and deployments.