NTSB Press Release Discusses Nine Safety Recommendations for Level 2+ Autonomous Vehicles

Yesterday, the NTSB released a press release regarding its investigation into the fatal March 23, 2018 fiery crash of a Tesla Model X in Mountain View, California. The investigation puts most of the blame on the driver of the vehicle (who had been playing a game on his iPhone at the time of the accident), but the NTSB also issues nine safety recommendations and directed them to NHTSA, OSHA, SAE International, Apple, and other manufacturers of portable electronic devices. (more…)

EU Data Protection Regulator Issues New Guidelines for Personal Data Processing in Connected Vehicles

In a development that is likely to be monitored by U.S. legislators and regulators in considering new controls on personal data being collected in connected automotive vehicles, the European Data Protection Board (EDPB) issued new guidelines addressing the processing of personal data within the context of such vehicles on February 7, 2020, and will remain open for public comment until March 20, 2020. The guidelines focus on data flows involving data that is processed in the connected automobile, exchanged among vehicles and personal devices that interface with them, and shared with third parties, such as insurance carriers that monitor driving habits and patterns. The EDPB considers most, if not all, such data to be personal data, as it includes the driver’s identity and other data relating to driving style, travel distances and geolocation, which may be cross-referenced with a vehicle identification number, and therefore may be linked to the driver’s identity. (more…)

Congressional Update on AVs

Congress is working in a bipartisan and bicameral fashion to build upon last year’s stalled legislation (SELF DRIVE Act (H.R.3388) and its companion bill, AV START Act (S.1885)). The legislation would establish standards and lay the foundation for a federal framework regulating AVs, making it easier to test AVs on public roads. Despite considerable bipartisan and industry support, AV START never made it to the Senate floor because of holds concerning cybersecurity, data privacy, and arbitration. Notably, the bills last year were silent on arbitration but plaintiff’s lawyers wanted (and still want) language prohibiting pre-dispute arbitration agreements to be included in the bill. Congressional staff has begun drafting additional sections for the revamped legislation, but the past roadblocks keep resurfacing. Passage in this election year is conceivable but far from certain. (more…)

NHTSA Grants FMVSS Exemption to Nuro’s Package Delivery Vehicle R2 – First Self-Driving Vehicle Exemption

This is one of the biggest steps forward in autonomous vehicles we’ve seen yet. Last week, the NHTSA granted an exemption for Nuro‘s second-generation R2 low-speed, driverless, last-mile package delivery vehicle. The R2 was designed to deliver packages in urban areas. The exemptions allows the R2 to operate on public roads without mirrors (exempting the R2 from FMVSS 111), allows for it to have an opaque “windshield” (exempting it from FMVSS 205’s incorporation of ANSI Z26.1-1996 70 percent light transmittance requirement), and for it to be able to operate its rear-view cameras at all times (current regulations make rear-view cameras turn off when the car is moving forward to prevent driver distraction). (more…)