NHTSA to Propose Rule Codifying Crash Reporting Requirements for Automated Driving and Level 2 Assistance Systems

The National Highway Traffic Safety Administration (NHTSA) recently announced that it would be issuing a proposed rule to codify NHTSA Standing General Order 2021-01 on Reporting Requirements for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS) in November of this year. The upcoming proposal would make permanent Standing General Order 2021-01which is currently scheduled to expire in April 2026. Standing General Order 2021-01 currently requires manufacturers of Level 2 ADAS systems and manufacturers and operators of ADS to report any crashes in which the technology was engaged during the 30 seconds prior to the crash that resulted in a fatality, a person being transported to the hospital, or involved a vulnerable road user, such as a pedestrian, within one day and other crashes involving a vehicle towaway or airbag deployment within five days.  Manufacturers and operators of ADS must report all other crashes in which the ADS was engaged during the 30 seconds prior to the crash occurring on public roads by the fifteenth day of the month following the month in which they receive notice of the crash. 

NHTSA states that the proposed rule will “consider some refinements to the existing reporting requirements, including proposals to potentially expand the scope of what incidents are reported and require[] reporting of deployed fleet numbers and vehicle miles traveled (VMT).” NHTSA further sates that the “proposed rule will enhance both safety and transparency by providing the Agency with robust cadence of critical and timely safety data that will also be made available to the public, consistent with law.”

Stay tuned for an update on the proposed changes to the reporting requirements in Standing General Order 2021-01 in November when NHTSA issues the proposal. Honigman’s Regulatory practice group includes an attorney with over a decade of experience handling NHTSA regulatory matters.  If you have questions about how the Standing General Order applies to you, please contact a member of the Regulatory Group.