[co-author: Leila Fleming]

On February 1, 2023, the Federal Motor Carrier Safety Administration (FMCSA) restarted the process it began in 2017, requesting comments from stakeholders in a supplemental advanced notice of proposed rulemaking (SANPRM). The SANPRM previews potential amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) for commercial motor vehicles (CMVs) equipped with automated driving systems (ADS) to safely operate on public roads. FMCSA’s issuance of this SANPRM is significant since so much time has passed since it issued the advanced notice of proposed rulemaking (ANPRM) on this subject and in light of the slow pace of the U.S. Department of Transportation in amending its Federal Motor Vehicle Safety Standards for ADS-equipped vehicles.

Background

In response to a 2017 request, FMCSA’s Motor Carrier Safety Advisory Committee (MCSAC) issued a 2018 report identifying regulatory issues associated with CMVs equipped with ADS, including challenges in testing and demonstration, driver requirements, public acceptance and development challenges around equipment installation, maintenance, cybersecurity and vehicle loads.

Subsequently, in 2019, FMCSA issued an ANPRM seeking to understand further the operations of ADS-equipped CMVs and considering potential amendments to reduce risks related to ADS-equipped CMVs. The FMCSA proposed questions regarding ADS-equipped CMVs on the topics outlined in the MCSAC report.

The 2019 proposed rulemaking utilized SAE International’s definitions regarding driving automation, concluding there was no need to revise FMCSRs for Level 0-3 equipment but advising that certain rules may need to be amended for Level 4 and 5 equipment, for example, to ensure appropriate Operational Design Domains and identify “types/configurations or cargoes for which fully automated operations should be restricted or prohibited.”

Subsequently, the Department of Transportation (DOT) released the National Roadway Safety Strategy and the DOT Innovation Principles in January 2022. The National Roadway Safety Strategy details the Department’s efforts to ensure the safe deployment of emerging vehicle technologies. Of note, the strategy references the National Highway Traffic Safety Administration’s (NHTSA) Standing General Order on Crash Reporting, which requires reporting ADS-related crashes.

Summary of February 1, 2023 SANPRM

In the SANPRM, FMCSA affirms its 2019 conclusion that it currently sees no need to revise the FMCSRs to address Level 0-3 equipment. The SANPRM reiterates a request for comment on the questions outlined in the 2019 ANPRM and proposes additional questions for comment.

In particular, the SANPRM notes FMCSA is considering requiring motor carriers to notify the Agency of intended operation of a vehicle with Level 4 or 5 equipment in interstate commerce and invites comment on “(1) regulatory approaches that would enable FMCSA to obtain relevant safety information and (2) the current and anticipated size of the population of motor carriers operating ADS-equipped CMVs.” The following questions are posed:

• Should motor carriers be required to notify FMCSA before operating a Level 4 or 5 ADS CMV in interstate commerce without a human operator? If so, by what method and procedure?
• Should motor carriers be obligated to submit information demonstrating safety management controls before operating a Level 4 or 5 ADS-equipped CMV in interstate commerce?
• What data should FMCSA collect on Level 4 or 5 ADS-equipped CMVs operating in interstate commerce?
• What is the current and anticipated size of the Level 4 or 5 ADS-equipped CMV population and how many days are these CMVs expected to operate within a year, on average?
• To what extent should federal requirements otherwise applicable to CMV drivers (such as hours-of-service and substance testing) apply to a remote assistant overseeing ADS-equipped CMVs? Should any specific limitations be imposed on working conditions?
• What, if any, aspects of a remote assistant job may require FMCSA oversight and what, if any, qualification requirements should FMCSA impose for remote assistants?
• Should Level 4 or 5 ADS-equipped CMVs be subject to pre-trip inspections and if so, what requirements should be imposed and what are the estimated costs associated with such inspections?
• What technical barriers exist regarding roadside inspections and what information should be communicated by the motor carrier to state regulators during roadside inspections? What presently available communication systems would empower roadside inspection officers to obtain relevant information?
• Which safety situations warrant immediate notification of unsafe maintenance or operational use?
• How should law enforcement agencies and motor carriers ensure that Level 4 and 5 ADS-equipped CMVs are not used in unlawful activities?
• Should Level 4 or 5 ADS-equipped CMVs be subject to post-trip inspection requirements?

Next Steps

FMCSA is soliciting public comments until March 20, 2023.