The U.S. lacks a concrete way to measure when autonomous vehicles are safe enough for public roads. Existing federal motor vehicle safety rules weren’t made for driverless or steering-wheel-free robotaxis, and new solutions are being crafted to fill that gap. The National Highway Traffic Safety Administration (NHTSA) is stepping in with a government-industry effort to create data-driven performance standards for Automated Driving Systems (ADS).
Why existing safety rules fall short
Safety standards like the Federal Motor Vehicle Safety Standards (FMVSS) require features such as pedals, steering wheels, and mirrors—components missing on modern robotaxis like those being developed by Tesla’s Cybercab or Zoox. Because of this, companies seek exemptions or submit self-certifications to meet legal requirements that didn’t anticipate vehicles without manual controls. These workarounds highlight how rules made for human-operated cars are increasingly mismatched with today’s autonomous designs.
The NHTSA’s new framework aims to shift from prescriptive component-based rules to outcome-based performance metrics. In that direction, the agency recently proposed removing the brake-pedal requirement for vehicles designed for full autonomy—while keeping stopping performance standards intact. For AVs that still include human driving controls, the existing FMVSS rules will remain in force.
ASCEND: the push for standardized AV evaluation
NHTSA has partnered with the standards organization SAE International to launch ASCEND—a collaborative effort bringing together federal regulators and industry players to define ADS competency standards. These will help ensure autonomous vehicles are evaluated using consistent, transparent metrics rather than depending on a patchwork of state laws or individual company claims.
The goal: establish performance-based policies that are rooted in data and real-world results, not just hardware presence or component checklists. Ultimately, the NHTSA hopes ASCEND’s output will feed into new federal safety regulations specifically tailored for vehicles without manual controls.
What this means for autonomous vehicle businesses
Tesla has drawn regulatory scrutiny for rolling out its Cybercab robotaxi in Texas that lacks pedals, steering wheel, and mirrors. NHTSA has opened an investigation into whether it properly self-certified the Cybercab under existing FMVSS standards. Zoox and others are facing similar questions. Removing mandatory manual controls—when done through performance rulemaking—could clear the path for wider deployment of purpose-built robotaxis.
But not everything is changing. Key safety requirements like stopping distances will still need to be met under alternative test procedures. And any AV that retains manual controls must continue following the full suite of FMVSS rules. While ASCEND is forming new benchmarks, there’s no published timeline yet for when these standards will be finalized into enforceable regulations.
This marks a shift in the regulatory mindset: from policing compliance with parts lists to measuring how the vehicle actually behaves in traffic. If successful, it could mean a more consistent, predictable path for companies to bring robotaxis into public roads without having to argue over whether they technically meet obsolete rules. The coming months will be critical as the industry watches how ASCEND develops competency standards—and whether those will usher in a safer, scalable era of autonomous mobility.
