Adapting the Rules of the Road: FMVSS and Fully Autonomous Vehicles
What was old is new?
As fully autonomous vehicles (AVs) edge closer to widespread deployment, regulators and automakers are grappling with how to apply decades-old safety standards to vehicles that no longer require a human driver. In the United States, the Federal Motor Vehicle Safety Standards (FMVSS), overseen by the National Highway Traffic Safety Administration (NHTSA), establish minimum safety performance requirements for vehicles and equipment. These standards were originally written with human drivers in mind, which presents challenges when applied to AVs that may lack steering wheels, mirrors, pedals, or even traditional dashboards.
Dealing with Conventional Standards
Many of the over 70 FMVSS rules assume the presence and behavior of a human occupant in the driver’s seat. For example, FMVSS 111 covers rear visibility via mirrors, FMVSS 114 addresses theft protection through key-based ignition systems, and FMVSS 135 outlines hydraulic brake system requirements involving a foot pedal. In a vehicle with no steering column or driver’s seat, these standards can become technically inapplicable or require reinterpretation. For now, most autonomous vehicle developers work around these issues by keeping conventional controls and layouts, even if the AV system doesn’t require them to function.
NHTSA Trying to Adapt?
To address these challenges, NHTSA has issued interpretive letters, temporary exemptions, and more recently, requests for public comment on modernizing the FMVSS framework. Notably, in 2022, NHTSA finalized a rulemaking that amended several FMVSS provisions to clarify how they apply to AVs without manual controls. This marked a significant step toward recognizing that some FMVSS rules need to evolve for vehicles that have no human operator at all. However, widespread regulatory adaptation remains a work in progress.
“Self-Certification”
Autonomous vehicle manufacturers must still self-certify compliance with applicable FMVSS, even if their vehicle operates with SAE Level 4 or Level 5 automation. For features that deviate from conventional expectations—like not having a steering wheel—manufacturers must either seek exemptions under 49 CFR Part 555 or engage in discussions with NHTSA to determine compliance pathways. This legal and engineering effort requires extensive documentation, testing, and increasingly, simulation-based validation to show functional equivalence to human-driven safety.
Where do we go from here
Ultimately, the transition to fully autonomous vehicles will require a rethinking of FMVSS that aligns with new vehicle architectures and safety paradigms. Regulators are taking cautious steps to update standards without compromising public safety, while industry stakeholders push for greater flexibility and clarity. As AV technology matures, the regulatory framework must evolve in parallel to ensure these vehicles can legally and safely operate on U.S. roads—without being held back by outdated assumptions about the driver.
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