Robotaxi & FMVSS exemption
Self-certification of US Federal Motor Vehicle Safety System (FMVSS) compliance by an OEM typically follows an honor system in which the OEM assumes full legal responsibility, and NHTSA verifies validity through spot checks and independent testing. OEMs are expected to exercise reasonable care when self-certifying, demonstrating a valid technical basis. In case of any doubt, NHTSA issues an “Audit Query”, which legally requires the OEM to hand over the relevant technical data and the processes they relied upon to assert that the vehicle’s compliance with federal safety standards.
Zoox in Las Vegas & FMVSS requirement
Zoox robotaxi design is unique compared to other AV pilots by Waymo and others, in that the vehicle is purpose-built and designed to be a true Level 5 autonomous vehicle without conventional controls or driving accessories. Zoox, as would be the norm, petitioned NHTSA for a review and exemption before deploying on public roads in Las Vegas. The temporary exemption, after NHTSA’s review of Zoox technical data, came with requirements such as ongoing monitoring, the use of US-based remote operators, and immediate reporting of incidents (e.g., crashes, malfunctions, and traffic violations). The requirements make sense, and the exemption, with a cap of 2500 vehicles, appears pragmatic and can fast-track the evolution of true driverless autonomous mobility in the US.
And then Tesla CyberCab comes along…
In contrast to Zoox, Tesla simply notified the government of its CyberCab deployment, saying it independently determined which FMVSS rules are applicable. Tesla stands out by not bothering to wait and apply for the formal federal process, review, or exemption. The apparent disregard for safety-related oversight only reinforces NHTSA’s investigation.
Final thought
The case for a robotaxi, without a steering wheel, brakes, or other fallback controls in a busy city is still uncharted territory with unknown risks to riders and other road users. The exemption comes at a time when Waymo’s fleets, while having an otherwise decent record, are constantly in the news for blocking traffic and first responders, or for being a public safety hazard by driving in the wrong direction or intruding into an active police situation.