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NHTSA orders mandatory crash reports for cars with automated-driving tech

June 29, 2021
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WASHINGTON — The nation’s top highway safety agency issued an order Tuesday requiring automakers and other operators of vehicles equipped with advanced driver-assistance systems or fully automated driving systems to report crashes.

As part of the order, NHTSA is requiring vehicle, equipment and software manufacturers of ADAS and automated vehicles to report crashes where the system was engaged “during or immediately before the crash.”

“NHTSA’s core mission is safety,” Steven Cliff, NHTSA’s acting administrator, said in a statement. “By mandating crash reporting, the agency will have access to critical data that will help quickly identify safety issues that could emerge in these automated systems.”

By gathering data, Cliff said, it “will help instill public confidence that the federal government is closely overseeing the safety of automated vehicles.”

In addition, companies will be required to report crashes involving a Level 2 ADAS-equipped vehicle or Level 3-5 AV that include a hospital-treated injury, fatality, vehicle tow-away, airbag deployment or vulnerable road users such as a pedestrian or bicyclist within one day of the learning of the crash.

The report must be updated with 10 days after learning of the crash. Companies also will be required to report all other crashes involving AVs that involve an injury or property damage. Reports must be updated monthly with new or additional information, the agency said.

The agency specified a Level 2 ADAS-equipped vehicle as having driver-assist features such as lane-centering assistance and adaptive cruise control, but drivers must stay alert and engaged in the driving task. Vehicles with Level 3-5 automated driving systems are not currently available to consumers but are being tested and deployed in a limited scope on public roads.

Any company that fails to comply with the order could face “serious enforcement consequences” as well as “substantial civil penalties,” Ann Carlson, NHTSA’s chief counsel, said during a virtual press conference Tuesday.

Carlson said the crash reporting requirements are specific to vehicle and equipment manufacturers and vehicle operators of these systems. The order does not apply to consumers or other companies such as auto dealerships, but does apply to prototype vehicles and systems.

“If a company has no reportable crashes, it will still be required to file a monthly report stating so,” she said.

NHTSA’s order comes after reports of Tesla vehicle crashes around the country — some of which have involved the electric vehicle maker’s Autopilot driver-assist system.

NHTSA has opened at least 30 investigations into Tesla crashes since 2016.

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