US and Brazilian Standards in Automotive Regulations

 

A comprehensive regulatory framework is required to transition autonomous

vehicles from the realm of concept and testing to the realm of commonplace life. Unfortunately, this framework has been conspicuously absent thus far. The United States government has merely requested research on the potential effects of autonomous vehicles on the transportation system and has published a framework for classifying the technology utilized in these vehicles at the federal level. Only a small number of states have implemented legislation concerning autonomous vehicles at the state level. The primary focus of the legislation is the trial of autonomous vehicles. The current state statutes are not identical; they have distinct requirements for the testing and operation of autonomous vehicles. This sparse regulatory response—state and federal—is, however, on the brink of change as autonomous vehicle technology continues to develop. This restricted regulatory environment presents an enormous opportunity. The absence of national consensus presents an opportunity for companies that are currently testing self-driving vehicles or seeking to enter the market to contribute to the development of essential regulations. The question for these companies should not be "how many regulatory hurdles do we have to jump?" but rather "how can we most effectively create a regulatory environment in which we can succeed?"

The current regulatory framework in the United States Federal regulations: The NHTSA and the forefront of accelerated regulatory change The testing and operation of autonomous vehicles are subject to minimal regulation at the federal level in the United States. Despite the fact that the statutes in Title 49, Subtitle VI of the US Code and the regulations in Title 49, Subtitle B, Chapter V of the Code of Federal Regulations contain thousands of pages of federal motor vehicle standards, the majority—if not all—of these standards were developed with human drivers in mind. The federal government has recognized the necessity of re-evaluating these regulations in light of the recent snowballing momentum of autonomous vehicle technological innovation. The Department of Transportation, and more specifically, the National Highway Traffic Safety Administration ("NHTSA"), have been the agents of change thus far, rather than Congress. Since 2013, autonomous vehicles have been the subject of only two federal legislation, and only one has been enacted. The "Surface Transportation Reauthorization and Reform Act of 2015" was signed into law as Public Law 114-94 on December 4, 2015.

This Act modestly requests that the Comptroller General of the United States

prepare reports on the autonomous transportation technology policy developed by public entities, assess organizational challenges, and recommend implementation paths for autonomous transportation technology, applications, and policies. Additionally, it calls for grants to be awarded for autonomous vehicle research. The Preliminary Statement of Policy Concerning Automated Vehicles ("NHTSA Policy") was issued by the US Department of Transportation in 2013 through the NHTSA. The NHTSA established a framework that classified five "levels" of autonomous capability and established a course for future research in this document. These levels are intended to facilitate the dissemination of rules for each level, stagger research objectives, and monitor advancements in autonomy in an organized manner. These levels can be used as the foundation for either mandatory regulations or optional recommendations that pertain to the advancement of autonomous vehicles.

For instance, in 2011, the National Highway Traffic Safety Administration (NHTSA) implemented 49 CFR Parts 571 and 585, which mandated the installation of electronic stability control (ESC) systems—a level 1 technology—on passenger automobiles, multipurpose passenger vehicles, trucks, and certain buses. Conversely, the 2013 NHTSA Policy elected to issue recommendations. The NHTSA Policy merely advises states to refrain from allowing the operation of self-driving vehicles at levels 3 and 4 for purposes other than testing. Companies operating in the autonomous vehicle market must be cognizant of the framework established by the National Highway Traffic Safety Administration (NHTSA). The NHTSA has the option to convert current recommendations into future requirements and prohibitions if it deems it necessary. The level framework outlined in the NHTSA Policy, which is as follows, is likely to serve as the foundation for any mandatory regulations that are implemented:

The federal government is commencing to intensify its initiatives in this domain. For instance, President Barack Obama expressed his interest in the federal government investing in a transportation system that is more suitable for the 21st century during his State of the Union address in January 2016. The Department of Transportation announced a 10-year, nearly $4 billion investment to expedite the development and adoption of safe vehicle automation through real-world pilot projects as part of his proposal. Additionally, the Department of Transportation issued a 2016 Update to its 2013 NHTSA Policy ("2016 Update"). The 2016 Update, despite its lack of specificity, reaffirmed the federal government's dedication to autonomous vehicles: "To that end, NHTSA will utilize all available resources to assess the safety potential of new technologies; to remove impediments that would impede or postpone technological advancements; and to collaborate with industry, governmental partners at all levels, and other stakeholders to foster or promote the development of new technologies and expedite their adoption where appropriate."

Potentially New Interpretation of the Term "Driver"

Nevertheless, the NHTSA is constrained in its ability to reconcile future technological advancements with the existing regulatory framework. The Federal Motor Vehicle Safety Standards may be modified by the National Highway Traffic Safety Administration (NHTSA). Nevertheless, the process of developing rulemaking proposals, obtaining review of the proposals, soliciting and reviewing public comment, and, in certain cases, obtaining congressional approval, requires a significant amount of time. Additionally, the NHTSA has the authority to issue "interpretations" of the current standards. Refer to 49 CFR Part 555 and 49 USC. § 30114. Exemptions are more potent than interpretations: exemptions enable manufacturers to completely circumvent specific regulations in cases where interpretations are incompatible with the regulatory regime. However, they are temporary and must be requested, similar to interpretations.