US Government Takes Step Forward With Self-Driving Vehicle Rules — Will They Last? – CleanTechnica

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New regulations and big regulatory changes take a long time to develop and roll out in the US government. They need to be super carefully developed and every single punctuation mark needs to be examined by the lawyers to make sure the regulations will hold up if challenged in the courts, all the way up to the Supreme Court. In the case we’re discussing today, self-driving vehicle rules have got to be an especially tricky bunch. Now, after years of development, the NHTSA (National Highway Traffic Safety Administration) has announced big new rules on the topic.

Overall, the new framework of rules should make businesses that don’t want strict autonomous vehicle regulations happy, as it is just a “voluntary program to improve transparency and insight into the safety and performance of ADS-equipped vehicles.” A key is that this provides two additional exemption options to get approved for more than the default 2,500 vehicles that automakers and autonomous driving companies can deploy without checking off a list of safety requirements that don’t fit autonomous vehicles (e.g., steering wheels, pedals, sideview mirrors, etc.). The pre-existing exemption option has been very difficult to get. Only Nuro, which has developed small autonomous delivery vehicles, has ever received an exemption, while GM’s Cruise tried to get one for a couple of years and then gave up (and now is giving up on a robotaxi business altogether).

Here’s more from the NHTSA: “The ADS-equipped Vehicle Safety, Transparency, and Evaluation Program, known as AV STEP, would establish a voluntary review and reporting framework for participating ADS-equipped vehicles. The program would be open to all companies that operate or plan to operate compliant ADS-equipped vehicles on public roads, as well as those requiring NHTSA exemptions to operate non-compliant vehicles. […]

“AV STEP would promote greater transparency into participating ADS operations and help the agency study and oversee ADS technology as it matures. Data are fundamental to NHTSA’s work, and the proposed program would provide NHTSA and the public with greater insight into ADS development and operational data.

“Further, AV STEP aligns with the Department’s National Roadway Safety Strategy, which was launched in January 2022 by U.S. Transportation Secretary Pete Buttigieg, outlines a comprehensive approach to significantly reducing injuries and deaths on our nation’s highways, roads, and streets, and implements a safe system approach.”

The Verge notes there is one “twist” with the new rules. The NHTSA wants these companies to share more data. “By kick-starting the rulemaking process, the Biden administration is giving a pretty big end-of-the-year holiday gift to the companies that have been laboring for decades on autonomous vehicle technology without any national regulatory framework to guide them,” they add. However, I imagine everyone is thinking the same thing: is any of this going to survive in the new Trump–Musk administration?

AV STEP provides a step forward, but it still wants to be involved and wants data. And it seems that the Trump–Musk administration is keen on killing government oversight and government involvement as much as possible. So, will they build on AV STEP or try to eliminate it? (Let’s not even get into the topic of the regulated controlling the regulator — we are well beyond normal democratic operations and deep into Banana Republic territory.

“Whether AV STEP survives into the next Trump administration, though, is an open question,” The Verge adds. “For one, the incoming president is reportedly looking to quash a Biden-era transparency rule that requires companies operating vehicles with driver assist, as well as self-driving cars, to report crashes and injuries to the federal government. Scrapping the crash reporting rule would greatly benefit Tesla, which to date, has reported the highest number of crashes. And Tesla CEO Elon Musk is a close advisor and donor to Trump.” Indeed….

In short, it’s now become easier for autonomous vehicle companies to get their vehicles out on US roads, and one would think that would be enough, but Trump and Musk could trash AV STEP and go further by allowing a Wild Wild West free for all and no reporting on crash and injury data.