The Open Road Automotive Law Blog

News and analysis of legal issues affecting the Automotive Industry

The Open Road features legal thought leaders from all areas of the transportation economy including corporate transactions, products liability and class actions, insurance regulation, environmental compliance, and supply chain management. As the automotive sector faces new challenges from international actors, technological innovations, and emerging business models, The Open Road will help insiders navigate the legal and regulatory issues facing the new automotive industry landscape.

In December 2020, NHTSA posted a significant Notice of Interpretation with important ramifications for manufacturers of autonomous vehicles. The Notice Regarding the Applicability of NHTSA FMVSS Test Procedures to Certifying Manufacturers updates the Agency’s position taken in a 2016 letter to Google on the relationship between FMVSS and AVs with novel designs lacking traditional controls, e.g. a steering wheel, brake pedal, etc. Traditionally, under NHTSAs self-certification process, manufacturers were not required to test a vehicle’s…
As ADAS technologies proliferate in a largely unregulated environment, human factors scientists are studying consumer adoption to a wide array of manufacturers’ offerings. Recently, in collaboration with human factors scientists from Exponent, Dykema Member Michael Carey examined the current state of ADAS availability in new vehicles with discussion of various regulatory and litigation considerations. Click here to read the article “Safety and Regulatory Considerations of Advanced Driver Assistance Systems (ADAS),” published in the ABA Tort Trial…
On November 19, 2020, NHTSA issued an Advance Notice of Proposed Rulemaking (“ANPRM”) asking interested parties and the public to provide the agency with information intended to help NHTSA devise a “Framework for Automated Driving Safety” that will allow the agency to implement safety standards for the operation and performance of automated driving systems. Comments are due 60 days after the ANPRM is published in the Federal Register. NHTSA last addressed AV in March, when…
Despite the Cataclysm of COVID-19 Shutdowns, Automotive Operations Had Successful Reopenings The abrupt shutdown of U.S. automotive industry in March 2020 during the COVID-19 pandemic and continued stay-at-home orders through April led to fears that the pandemic would prevent resumption of industry operations for the foreseeable future. A survey of automotive industry executives conducted last month by Dykema, MICHAuto and The Right Place confirmed that 84% of the automotive company respondents were required to shut…
The automotive industry is a critical component of the U.S. economy connecting a wide range of industries, from part and raw material suppliers to providers needed for the day-to-day sale and operation of vehicles. In July 2020, Dykema, MICHauto and The Right Place canvassed automotive executives, professionals and service providers to gauge their perspectives on the U.S. economy and the automotive industry and, particularly, the effect of the COVID-19 pandemic. Click on the links below…
Partnering with MICHauto and The Right Place, Dykema developed a five-minute flash survey to evaluate the current state of the automotive industry. Please click here to participate in the survey. The results will be analyzed to provide insight regarding the impact COVID-19 has had on businesses in the automotive industry. Dykema will also share feedback received regarding how operations could change moving forward. Your response to this short survey is anonymous. Click here to share…
What Do You Do When Your Contract Does Not Contain A Force Majeure Clause? As the coronavirus disease (COVID-19) continues to spread rapidly throughout the United States—and the world—commercial relationships are being thrown into disarray, resulting in the disruption of supply chains, cancellations of events, and closures of restaurants and other businesses. Several states have declared a state of emergency (including banning large group gatherings and mandating that certain business shutter for the time being).…
Michigan Governor Whitmer signed Executive Order 2020-77 today, permitting manufacturing workers to resume work as part of the MI Safe Start Plan. Manufacturing workers, including workers in the automotive industry, are allowed to resume work on May 11, 2020, one week ahead of the planned restart date of certain Michigan automakers. See Executive Order No. 2020-77, Section 10(k). However, this resumption of work is subject to stringent precautionary measures and safeguards identified in the…
Data security is not just hackers in cyberspace. It also exists in the physical world, and some of it relates to pedestrian but necessary security protocols for nuts-and-bolts objects. A recent report of a data leak shows how focusing exclusively on active systems can lead to unexpected and potentially problematic results. In the story linked above, a manufacturer of connected vehicles replaced a number of its data storage appliances. A white-hat hacker reported that he had…
While the coronavirus has sent shockwaves through every service sector, the impact on the transportation industry has been especially severe. Automotive plants have shut down, new car sales have plummeted, and Uber and Lyft have reduced their workforce as social distancing has drastically reduced the demand for ride-hailing. In a world where stay-at-home orders are the norm, all forms of mobility have seen an abrupt decline and the entire transportation economy has suffered. Providers of…