Open for Business: A Look at NHTSA Auto Safety Investigations in the Second Trump Administration
The second Trump administration has seen drastic changes in the enforcement practices of many federal regulatory agencies. One area where investigative activity continues to be robust is auto safety. The National Highway Traffic Safety Administration (NHTSA) has, in, recent months, been opening investigations at a brisk pace. Some of NHTSA’s work, particularly relating to autonomous operations and counterfeit equipment, has attracted substantial public attention. Other investigations have been more business as usual.
NHTSA Announces New Policies to Promote Autonomous Vehicles
On April 24, 2025, the Department of Transportation announced the new Automated Vehicle (AV) Framework from the National Highway Traffic Safety Administration (NHTSA). The announcement, which was accompanied by a video from the Secretary of Transportation, included two new policy developments. First, NHTSA released a Third Amended version of its Standing General Order on Automated Driving Systems (ADS) and Advanced Driver Assistance Systems (ADAS). Second, NHTSA announced that it would expand its exemption program for autonomous vehicles that do not fully comply with NHTSA’s Federal Motor Vehicle Safety Standards. This update discusses both developments and their broader implications.
NHTSA Adopts Rule Requiring Automatic Emergency Braking on Light Vehicles
On May 9, 2024, the National Highway Traffic Safety Administration (NHTSA) published a final rule adopting a Federal Motor Vehicle Safety Standard (FMVSS) that requires automatic emergency braking (AEB) systems in U.S. light vehicles and trucks by September 2029. The rule is required under the Bipartisan Infrastructure Law of 2021 (BIL), in which Congress directed NHTSA to establish FMVSS requirements for AEB systems as well as three other Level 2 advanced driver assistance systems (ADAS): lane departure warnings, lane-keeping assist, and forward collision warnings (FCW).
