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The National Highway Traffic Safety Administration (NHTSA) continues to be active in investigating potential safety-related defects and noncompliances with Federal Motor Vehicle Safety Standards (FMVSS). As the deployment of advanced vehicle technologies continues to accelerate, NHTSA has also been increasing its enforcement capacity, while looking for ways to encourage innovation in this area. NHTSA has taken—and likely will continue to take—a wait-and-see approach to autonomous vehicles, leveraging its research capacities and conducting industry outreach to…
Guest Author: Ruth Knox, Managing Associate, Linklaters LLP Given the pace of change in the automotive industry and related technologies, combined with increasing regulatory scrutiny, there are several risks and challenges the global automotive industry can expect to deal with in 2018 and beyond across Europe, China, and the United States. On April 10, 2018, Foley & Lardner LLP and Linklaters LLP, a global law firm based in the U.K., held a roundtable on the “Future…
Guest Author: Ruth Knox, Managing Associate, Linklaters LLP Given the pace of change in the automotive industry and related technologies, combined with increasing regulatory scrutiny, what risks and challenges can the global automotive industry expect to deal with in 2018 and beyond across Europe, China, and the United States? On April 10, 2018, Foley & Lardner and Linklaters LLP, a global law firm based in the U.K., held a roundtable on the “Future of the Automotive…
Introduction The closing years of the Obama administration saw a whirlwind of regulatory activity from NHTSA, including multiple consent orders, record penalties, and soaring recall numbers. The more aggressive enforcement posture, hailed as the “New Normal,” has largely remained in place as the Trump administration has been slow to bring in new political leadership to the agency. Although the Trump administration’s regulatory philosophy is still unclear, the future direction of the agency is beginning to…
As the race to deploy highly autonomous vehicles continues, the promise of a more ubiquitous presence of autonomous vehicles has led to a patchwork of regulations as states attempt to prepare for the inevitability of a self-driving car. Twenty-two states have either passed legislation related to autonomous vehicles or adopted regulations through a governor’s executive order.[1] This patchwork of legislation ranges from the simple, such as authorizing a study on autonomous vehicles[2],…
Not surprisingly, NHTSA’s regulatory stance on automated vehicles is simple: improve vehicle safety by preventing driving errors. As automated vehicles begin to populate the roads, two themes arising from this stance have emerged: 1) The need to introduce automated technologies safely. 2) Public acceptance of these potentially life-saving technologies.…
Auto manufacturers are increasingly equipping vehicles with rapidly advancing technologies, raising concerns regarding how the public will be affected by these changes. Manufacturers are beginning to implement automated driving and vehicle-to-vehicle (V2V) communication capabilities into their cars, extending potential cybersecurity threats and associated safety issues to road users.…
In 2014, NHTSA collected a record setting amount of civil penalties. For 2015, NHTSA may be on pace to exceed last year’s record. On July 26, 2015, NHTSA announced a $105 million civil penalty against FCA US LLC, the former Chrysler Group. As those who follow NHTSA have come to expect, the settlement came in the form of a consent order that included a number of performance obligations on FCA US. For the penalty, NHTSA…