NHTSA Issues "First-Of-Its-Kind" Final Crashworthiness Rule For Automated Vehicles

On March 10, 2022, Deputy NHTSA Administrator Steven Cliff signed a "first-of-its-kind" final rule revising occupant protection standards for automated vehicles. The rule "updates the occupant protection Federal Motor Vehicle Safety Standards ["FMVSS"] to account for vehicles that do not have traditional manual controls associated with a human driver because they are equipped with automated driving systems ["ADS"]." This is essentially NHTSA's first attempt to address the effects of vehicle automation on crashworthiness systems.

The final rule, which becomes effective 180 days from its March 30, 2022, publishing in the Federal Register, presents seven significant takeaways. Before delving into specifics, it should be noted what the rule is and is not. It is an attempt to address crashworthiness issues in automated vehicles with traditional, forward-facing seating configurations. It is not an attempt to deal with alternative seating arrangements—like swivel,