ILMA Compoundings – November 2018 - 48

DOT intends to manage the safety risks
associated with AVs through a staged process,
beginning with early testing to understand the
safety risks and develop mitigation strategies.
the 5.9 GHz spectrum for these
technologies.
6. Implement its AV policies to protect freedom of choice to preserve
conventional human-operated
vehicles while expanding access
to transportation choices for
disabled and older citizens.
The current Federal Motor Vehicle
Safety Standards (FMVSS) assume
a human driver operates the vehicle,
meaning these regulations focus on the
safe operation by the human behind
the wheel (e.g., steering wheel, brakes
and mirrors). DOT acknowledges that
these requirements create an unintended barrier to AV innovation and
technologies.
In order to keep FMVSS technology
neutral and to focus on performance
outcomes rather than dictate the
means for achieving those outcomes,
the National Highway Traffic Safety
Administration (NHTSA) will issue
a proposed rule on changes to certain
FMVSS to accommodate AV technology innovation.

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| COMPOUNDINGS | ILMA.ORG

Further, to support state and local
collaboration, the Federal Highway
Administration will update its 2009
Manual on Uniform Traffic Control
Devices for Streets and Highways, which
provides standards for the installation
and maintenance of traffic control
devices on all public roads.
While NHTSA will retain its
traditional self-certification scheme
under which OEMs self-certify their
products' compliance with applicable
FMVSS, the agency will promote
self-certification with international
partners to better balance safety and
innovation. As part of the expected
proposed rule, NHTSA will seek
comment on streamlining and modernizing its procedures for processing
applications for FMVSS exemptions.
The changes include eliminating
delays associated with seeking public
comment on exemptions.
Because DOT wants AV 3.0 to
encourage AV testing throughout
the country, NHTSA will issue an
advanced notice of proposed rulemaking seeking comment on a national

pilot program to facilitate and monitor AV technology and development
in lieu of the current "Automated
Vehicle Provider Grounds." DOT
also wants to use its "Special Exemption" authority to provide exemptions
for manufacturers seeking to engage
in AV research, testing and demonstration projects.
AV 3.0 recognizes cybersecurity
and privacy concerns as AV technologies become increasingly integrated.
Because multiple, connected systems
for communication, critical driving
functions and data collection may be
vulnerable to cyberattacks, DOT wants
a coordinated effort for cyber situational awareness and a unified approach
to cyber incidents. DOT suggests the
voluntary exchange of information
on vulnerabilities and threats through
Information Sharing and Analysis
Centers (e.g., the Auto-ISAC) and the
Department of Homeland Security's
National Cybersecurity and Communications Integration Center.
DOT intends to manage the safety
risks associated with AVs through a
staged process, beginning with early
testing to understand the safety risks
and develop mitigation strategies.
DOT will then build confidence in
the AV technology through expanded
road testing, followed by limited full
deployment (i.e., demonstrations)
with commercial operations.
Lastly, DOT said it will focus
its AV research resources on: (1)
developing strategies for the removal
of barriers to innovation, (2) evaluating the impacts of AV technology,
especially regarding safety, and (3)
addressing market failures and other
compelling needs, such as access to
transportation for the disabled.
Leiter serves as general
counsel to ILMA, representing
the Association since 1981.
He may be reached at
202-466-6502 or jleiter@bmalaw.net.
http://www.ILMA.ORG
ILMA Compoundings – November 2018

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