United States: The Department Of Transportation Helps Clear The Road For Autonomous Vehicles


The US Department of Transportation's National Highway Traffic Safety Administration recently released A Vision for Safety 2.0, an update to its prior guidance on automated driving systems. The new guidance adopts a voluntary, flexible approach to regulation of automated driving systems and clarifies that it alone, and not the states, is responsible for regulating the safety design and performance aspects of such systems.

In Depth

On September 12, 2017, the US Department of Transportation's National Highway Traffic Safety Administration (NHTSA) released A Vision for Safety 2.0, an update to the voluntary guidance for automated and self-driving vehicles (Automated Driving Systems or ADSs) released by the Obama administration in September of last year.

A Vision for Safety 2.0 focuses on the highest levels of vehicle automation, levels 3-5 as defined by SAE International, which include systems with no-to-minimal human interaction or performance of driving-related tasks. Unlike the previous guidance, A Vision for Safety 2.0 does not discuss any planned regulatory actions or enforcement tools, nor does it mention NHTSA's pre-market approval authority as a potential tool to regulate the safety of ADSs. Rather, the guidance encourages the development of automated vehicle technology and offers a "nonregulatory," voluntary and flexible approach to ADS safety.

The guidance is divided into two sections. The first offers voluntary guidelines for the ADS industry in designing best practices for testing and deployment of ADSs. The second clarifies federal and state roles in the regulation of ADSs and provides state legislatures with suggestions for developing best practices on how to safely foster the development and introduction of ADS technologies onto public roads.

To support the industry in developing best practices in the design, development, testing and deployment of automated vehicle technologies, NHTSA offers suggestions on 12 priority safety design elements:

  1. System Safety: NHTSA encourages industry to adopt and follow standards in safety, including those from standards-developing organizations and to document the safety design process.
  2. Operational Design Domain (ODD): NHTSA encourages industry to define the ODD for each vehicle's ADS and document the assessment, testing and validation procedure. An ODD defines where (such as roadway types and speeds) and when (day/night, weather limits, etc.) an ADS is designed to operate.
  3. Object and Event Detection and Response (OEDR): OEDR refers to detection of unexpected circumstances relevant to driving, such as pedestrians, bicyclists, animals and objects. NHTSA encourages industry to have a documented process for assessment, testing and validation of an ADS's OEDR capabilities.
  4. Fallback: NHTSA encourages industry to have a documented process for transitioning to a "minimal risk condition" where it cannot do any harm when a problem is encountered or the ADS cannot operate safely.
  5. Validation Methods: Given the variety of automation functions, NHTSA encourages industry to develop methods to mitigate safety risks associated with their ADS approach. Industry should continue to work with NHTSA and standards organizations to develop and update safety tests.
  6. Human Machine Interface: NHTSA encourages industry to consider whether driver engagement monitoring is necessary. An ADS should be capable of informing the human operator or occupant whether the ADS is properly functioning.
  7. Vehicle Cybersecurity: NHTSA encourages industry to follow established best practices and design principles for cybersecurity and to consider and incorporate guidance from a variety of standards setting organizations.
  8. Crashworthiness: NHTSA encourages industry to consider how best to protect vehicle occupants and to include information from advanced sensing technologies into new occupant protection systems.
  9. Post-Crash ADS Behavior: NHTSA encourages industry to consider methods of returning an ADS to a safe state after being involved in a crash, such as shutting off the fuel pump and disengaging electrical power.
  10. Data Recording: NHTSA encourages industry to establish a process for testing, validating and collecting data related to malfunctions, degradations or failures. Data gathered from crashes should be used to update standards as well as for crash reconstruction purposes.
  11. Consumer Education and Training: NHTSA encourages industry to develop dealer, distributor and consumer education and training programs on the safe use and operation of ADSs.
  12. Federal, State and Local Laws: NHTSA encourages industry to document how they intend to account for all applicable federal, state and local laws in the design of their vehicles and ADSs.

In addition to these safety design elements, NHTSA encourages industry participants to perform Voluntary Safety Self-Assessments that demonstrate their approach to testing and deployment. Voluntary Safety Self-Assessments are intended to build public trust in ADSs and encourage the establishment of industry safety norms. NHTSA envisions that the Voluntary Safety Self-Assessments will provide information on how the industry is using NHTSA's voluntary guidance or their own processes to address safety concerns. NHTSA's guidance does not require companies to file safety assessments with NHTSA, nor will they need the agency to sign off on a safety assessment prior to testing of new ADSs. Using the Voluntary Safety Self-Assessments, NHTSA plans to regularly update its guidance "to reflect lessons learned, new data, and stakeholder input as technology continues to be developed and refined."

In addressing state legislatures, NHTSA clarifies that it alone is responsible for regulating the safety design and performance aspects of motor vehicles while states are responsible for regulating the human driver and vehicle operations. In its regulation of these aspects of ADSs, the guidelines encourage states to: (1) provide a "technology-neutral" environment, (2) provide licensing and registration procedures for automobiles that include ADSs, (3) monitor safe ADS operation through reporting and communication mechanisms to public safety organizations, and (4) review traffic laws that may serve as barriers to operation of ADSs.

In conjunction with NHTSA's guidance, Congress is working to develop policies for autonomous vehicles and is currently considering the "SELF DRIVE Act," which passed in the House on September 6, 2017. The bill requires the NHTSA to regulate the safety of autonomous vehicles, requires autonomous vehicle manufacturers to develop cybersecurity plans and expands federal preemption of state authority regarding autonomous vehicles. The bill would prohibit state and local governments from legislating in the areas of design, construction or performance of "highly automated vehicles, automated driving systems, or components of automated driving systems" beyond traditional state-regulated areas like registration, licensing, insurance and traffic laws. The Senate is expected to consider a companion bill soon.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.