Standing General Order for Level 2 ADAS/ADS Incident Reporting

UNITED STATES DEPARTMENT OF TRANSPORTATION
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
1200 New Jersey Avenue SE
Washington, DC 20590
______________________________________
In re:
)
)
First Amended
)
Standing General Order 2021-01
)
)
Incident Reporting for
)
Automated Driving Systems (ADS) and
)
Level 2 Advanced Driver
)
Assistance Systems (ADAS)
)
______________________________________ )
TO: Each Manufacturer and Operator on the Attached Service List
This First Amended Standing General Order 2021-01 (General Order) is issued by the
National Highway Traffic Safety Administration (NHTSA or the agency), an Operating
Administration of the United States Department of Transportation, pursuant to 49 U.S.C. §
30166(g)(l)(A) and 49 C.F.R. § 510.7.1 This General Order takes effect on August 12, 2021, and,
as of that date, supersedes NHTSA’s June 29, 2021 Standing General Order 2021-01.2
Under the National Traffic and Motor Vehicle Safety Act, as amended (the Safety Act),
49 U.S.C. Chapter 301, NHTSA is charged with authority “to reduce traffic accidents and deaths
and injuries resulting from traffic accidents.” 49 U.S.C. § 30101. To carry out this statutory
mandate, NHTSA has broad information gathering authority, including authority to obtain
information on vehicle crashes, potential defects related to motor vehicle safety, and compliance

1

See 49 C.F.R. §§ 1.95, 501.8(d)(3) (delegations of authority).
2
This General Order does not substantively amend the crash reporting requirements with respect to either the
reporting criteria or the information required to be submitted by a reporting entity in the event of a reportable crash.
NHTSA is issuing this amendment to transition the electronic crash reporting process from the interactive .pdf form
and MAP portal mandated in Appendix A of the June 29, 2021 Standing General Order 2021-01 to the new website
and web-based reporting form mandated in Appendix A of this General Order.

with legal requirements to timely identify and conduct recalls for safety defects. See 49 U.S.C. §
30166(e), (g); 49 C.F.R. Part 510; see also id. §§ 30118-30120.
NHTSA’s statutory mandate includes the exercise of its authority to proactively ensure
that motor vehicles and motor vehicle equipment, including those with novel technologies,
perform in ways that “protect[] the public against unreasonable risk of accidents occurring
because of the design, construction, or performance of a motor vehicle, and against unreasonable
risk of death or injury in an accident.” 49 U.S.C. § 30102(9).3 Both Automated Driving Systems
(ADS) and Advanced Driver Assistance Systems (ADAS) are “motor vehicle equipment” subject
to the requirements of the Safety Act. See id. § 30102(8). Given the rapid evolution of these
technologies and testing of new technologies and features on publicly accessible roads, it is
critical for NHTSA to exercise its robust oversight over potential safety defects in vehicles
operating with ADS and Level 2 ADAS.4
The Safety Act is preventive, and the identification of safety defects does not and should
not wait for injuries or deaths to occur. See, e.g., United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (“The purpose of the Safety Act . . . is not to protect individuals from
the risks associated with defective vehicles only after serious injuries have already occurred; it is
to prevent serious injuries stemming from established defects before they occur.”)
Consistent with this mandate, NHTSA is requiring vehicle and equipment manufacturers
and operators of ADS and Level 2 ADAS vehicles to report crashes to the agency.

3

This includes the nonoperational safety of a motor vehicle. 49 U.S.C. § 30102(9).
4
For a description of the Society of Automotive Engineers (SAE) levels of driving automation, see SAE J3016
Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles (April
2021); https://www.nhtsa.gov/technology-innovation/automated-vehicles-safety#topic-road-self-driving. 

2

Automated Driving Systems (ADS)
Numerous manufacturers and operators are actively engaged in the development, testing,
and limited deployment of vehicles with ADS, including through on-road operation of prototype
vehicles or systems. There are two paths for vehicles with ADS to operate on publicly accessible
roads under Federal law.5 First, manufacturers may equip ADS on vehicles that fully comply
with the Federal Motor Vehicle Safety Standards (FMVSS) and are certified as compliant.6
Alternatively, manufacturers may utilize a statutory exception7 or exemption,8 as appropriate, to
operate noncompliant vehicles with ADS. See 49 U.S.C. §§ 30112(b)(10), 30113-30114. Many
vehicles equipped with ADS are being tested in manufacturer or operator-owned fleets in
specific communities for a limited purpose such as taxi or delivery services.
ADS present new and unique risks to motor vehicle safety because they fundamentally
alter the nature of motor vehicles and their operation. Potential safety issues with vehicles
operated with ADS include the design and performance of sensors and other technology used to
determine the vehicle’s location and to identify, classify, and position other roadway users and
objects. Likewise, potential safety issues may arise from decisions by software algorithms that

5

Vehicles, including those with ADS, must also operate in compliance with applicable State and local laws.
6
In doing so, a manufacturer or other regulated entity “may not knowingly make inoperative any part of a device or
element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable
motor vehicle safety standard.” 49 U.S.C. § 30122(b).  
7
A manufacturer that meets certain statutory criteria may introduce a noncompliant motor vehicle “in interstate
commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer for sale the
motor vehicle at the conclusion of the testing or evaluation.” 49 U.S.C. § 30112(b)(10). Specifically, the
manufacturer must have manufactured and distributed FMVSS-compliant vehicles in the United States prior to
enactment of the Fixing America’s Surface Transportation (FAST) Act (December 4, 2015), and must have
complied with certain regulatory requirements. Id.
8
Several statutory exemptions are available, including temporary exemptions to “make easier the development or
field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the
standard,” to “make the development or field evaluation of a low-emission motor vehicle easier and would not
unreasonably lower the safety level of that vehicle,” or where “compliance with the standard would prevent the
manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of
nonexempt vehicles.” 49 U.S.C. § 30113; 49 C.F.R. Part 555. Temporary exemptions are also available for, among
other things, research and demonstrations. 49 U.S.C. § 30114; 49 C.F.R. Part 591.

3

analyze data inputs in real time to determine the appropriate vehicle response. Safety issues may
also arise from the operational design domain9 for the ADS, and the continuing evolution and
modification of these systems through software updates (including over-the-air updates).
Level 2 Advanced Driver Assistance Systems (ADAS)
Vehicles with Level 2 ADAS are widely available for consumers to purchase and are
commonly in use on public roads. As with all vehicles, vehicles with Level 2 ADAS must
comply with all applicable FMVSS and be certified as compliant, unless a statutory exception or
exemption applies.
Vehicles operated using Level 2 ADAS present safety risks to occupants of those
vehicles and other roadway users, in part due to the unconventional division of responsibility
between the vehicle and its human driver. Misuse of an ADAS (including overreliance by a
driver) may create a foreseeable risk and potential safety defect. See, e.g., United States v. Gen.
Motors Corp., 518 F.2d 420, 427 (D.C. Cir. 1975) (explaining that failures caused by foreseeable
misuse of pickup trucks could support finding of a safety defect under the Safety Act). Other
potential safety issues with vehicles operating using Level 2 ADAS include the design and
performance of sensors, software algorithms, and other technology used to analyze and respond
to the vehicle’s environment; technology and strategies to ensure appropriate driver engagement;
and the evolution of the system over time through software updates.
NHTSA’s General Order
Through this action, NHTSA will evaluate whether specific manufacturers (including
manufacturers of prototype vehicles and equipment) are meeting their statutory obligations to

9

Operational design domain refers to operating conditions under which a given ADS or ADS feature is designed to
function. This includes, but is not limited to, environmental, geographical, and time-of-day restrictions, and/or the
presence or absence of certain traffic or roadway characteristics.

4

ensure that their vehicles and equipment are free of defects that pose an unreasonable risk to
motor vehicle safety, or are recalled if such a safety defect is identified. See 49 U.S.C. §§ 30112,
30118-30120.
NHTSA’s oversight of potential safety defects in vehicles operating on publicly
accessible roads using ADS or Level 2 ADAS requires that NHTSA have timely information on
incidents involving those vehicles. In carrying out the Safety Act, NHTSA may “require, by
general or special order, any person to file reports or answers to specific questions.” Id. §
30166(g)(1)(A). As set forth below, NHTSA is requiring each vehicle and equipment
manufacturer and operator of vehicles with ADS or Level 2 ADAS to report specified
information about certain safety-related incidents involving vehicles (including prototype
vehicles) operating on publicly accessible roads using ADS or Level 2 ADAS. Each
manufacturer and operator will be served with this General Order, which triggers the entity’s
legal obligations to report crashes as required by the General Order.
Specifically, this General Order requires manufacturers and operators to report certain
crashes involving these vehicles that occur while the ADS or Level 2 ADAS is engaged, or
immediately after it is in use, and to provide sufficient information for NHTSA to identify
crashes warranting further follow-up. Crashes that meet specified criteria must be reported
within one calendar day after the manufacturer or operator learns of the crash, and other ADS
crashes must be reported on a monthly basis. The reporting obligation in this General Order is
specific to these crashes, which are a primary source of information regarding potential defects
in ADS or Level 2 ADAS. NHTSA’s oversight is not limited to the information collected
through this General Order, and NHTSA will consider all information relevant to potential safety

5

defects, including information regarding non-crash incidents, and may open defect investigations
as warranted.
DEFINITIONS
For purposes of this General Order, the following terms, whether used in the singular,
plural, possessive, or non-possessive forms, capitalized or uncapitalized, have the following
definitions.
1.

“ADAS” means an Advanced Driver Assistance System.

2.

“ADS” means an Automated Driving System. 

3.

“Advanced Driver Assistance System” means a Level 1 or Level 2 system.

4.

“Automated Driving System” means a Level 3, Level 4, or a Level 5 system

and includes hardware and software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of whether it is limited to a specific
operational design domain and regardless of the presence of a safety operator. For purposes of
this General Order, a prototype of a system that is intended to function as an Automated Driving
System in its mature form is an Automated Driving System.
5.

“Crash” means any physical impact between a vehicle and another road user

(vehicle, pedestrian, cyclist, etc.) or property that results or allegedly results in any property
damage, injury, or fatality. For clarity, a subject vehicle is involved in a crash if it physically
impacts another road user or if it contributes or is alleged to contribute (by steering, braking,
acceleration, or other operational performance) to another vehicle’s physical impact with
another road user or property involved in that crash.
6.

“Level 1” means the same as and is coterminous with the definition of “Level or

Category 1 - Driver Assistance” in SAE J3016 Taxonomy and Definitions for Terms Related to
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Driving Automation Systems for On-Road Motor Vehicles § 5.2 (April 2021). A Level 1 system
is a driver support feature on the vehicle that can assist the human driver with either steering or
braking/accelerating, but not both simultaneously. The human driver must remain fully and
continuously engaged in the driving task.
7.

“Level 2” means the same as and is coterminous with the definition of “Level or

Category 2 - Partial Driving Automation” in SAE J3016 Taxonomy and Definitions for Terms
Related to Driving Automation Systems for On-Road Motor Vehicles § 5.3 (April 2021). A
Level 2 system is a driver support feature on the vehicle that can control both steering and
braking/accelerating simultaneously under some circumstances. The human driver must remain
fully and continuously engaged in the driving task.
8.

“Level 3” means the same as and is coterminous with the definition of “Level or

Category 3 - Conditional Driving Automation” in SAE J3016 Taxonomy and Definitions for
Terms Related to Driving Automation Systems for On-Road Motor Vehicles § 5.4 (April 2021).
A Level 3 system is an Automated Driving System (ADS) on the vehicle that can perform all
aspects of the driving task under some circumstances. In those circumstances, the human driver
must be ready to take back control at any time when the ADS requests the human driver to do
so. In all other circumstances, the human driver performs the driving task.
9.

“Level 4” means the same as and is coterminous with the definition of “Level or

Category 4 - High Driving Automation” in SAE J3016 Taxonomy and Definitions for Terms
Related to Driving Automation Systems for On-Road Motor Vehicles § 5.5 (April 2021). A
Level 4 system is an Automated Driving System (ADS) on the vehicle that can perform all
driving tasks and monitor the driving environment (essentially, do all the driving) in certain

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circumstances without the need for a takeover-ready human driver. When operated solely within
their limited domains, any human occupants are considered passengers and need not be involved
in the driving task.
10.

“Level 5” means the same as and is coterminous with the definition of “Level or

Category 5 - Full Driving Automation” in SAE J3016 Taxonomy and Definitions for Terms
Related to Driving Automation Systems for On-Road Motor Vehicles § 5.6 (April 2021). A
Level 5 system is an Automated Driving System (ADS) on the vehicle that can do all the driving
in all circumstances. Any human occupants are just passengers and need never be involved in
the driving task.
11.

“Manufacturer” means a person developing, fabricating, manufacturing,

assembling, or importing motor vehicles or motor vehicle equipment (including pre-production
and prototype motor vehicles and equipment). A manufacturer may also be an operator.
12.

“Motor Vehicle” means any pre-production, prototype, or production vehicle

driven or drawn by mechanical power and being developed or manufactured primarily for use on
public roads.
13.

“Motor Vehicle Equipment” means and includes any pre-production, prototype,

or production ADS or Level 2 ADAS, including software or any other component of such
system, that is installed on a motor vehicle, or used to control or operate a motor vehicle.
14.

“Notice” is defined more broadly than in 49 C.F.R. § 579.4 and means

information you have received from any internal or external source and in any form (whether
electronic, written, verbal, or otherwise) about an incident that occurred or is alleged to have
occurred; including, but not limited to vehicle reports, test reports, crash reports, media reports,

8

consumer or customer reports, claims, demands, and lawsuits. A manufacturer or operator has
notice of a crash or a specified reporting criterion (i.e., a resulting hospital-treated injury,
fatality, vehicle tow-away, air bag deployment, or the involvement of a vulnerable road user)
when it has notice of facts or alleged facts sufficient to meet the definition of a crash or a
specified reporting criterion, regardless of whether the manufacturer has verified those facts.
15.

“Operator” means the entity operating a motor vehicle equipped with ADS on a

publicly accessible road. An operator may also be a manufacturer.
16.

“Person” means and includes “corporations, companies, associations, firms,

partnerships, societies, and joint stock companies, as well as individuals.” 1 U.S.C. § 1.
17.

“Reporting Entity” means any company identified on the attached Service List

for this General Order.
18.

“Subject Vehicle” means and includes: 1) for a motor vehicle manufacturer

responding to this General Order, a motor vehicle manufactured, imported, or operated by the
manufacturer and equipped with an ADS or Level 2 ADAS; 2) for a motor vehicle equipment
manufacturer responding to this General Order, a motor vehicle equipped with an ADS or Level
2 ADAS with any motor vehicle equipment (including software) manufactured or imported by
the motor vehicle equipment manufacturer; and 3) for an operator responding to this General
Order, a motor vehicle equipped with an ADS being operated by the operator.
19.

“Vulnerable Road User” means and includes any person who is not an occupant

of a motor vehicle with more than three wheels. This definition includes, but is not limited to,
pedestrians, persons traveling in wheelchairs, bicyclists, motorcyclists, and riders or occupants
of other transport vehicles that are not motor vehicles, such as all-terrain vehicles and tractors.

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20.

“You” or “your” means each individual manufacturer or operator to whom this

General Order is directed.
INSTRUCTIONS 
The following instructions apply to each Reporting Entity:
1.

This General Order requires you to submit reports to NHTSA on a prospective

basis. It requires reports of incidents of which you receive notice ten (10) calendar days or more
after first being served with Standing General Order 2021-01. This is a standing reporting
obligation, which shall continue for three (3) years after June 29, 2021, the date Standing
General Order 2021-01 was first issued.
2.

You are required to respond to every request listed in this General Order,

including each subpart. If you cannot substantively respond to any specific request or subpart,
you must state the reason why you are unable to do so. Examples include, but are not limited to,
situations where you do not possess the information requested at the time the report is due or
where you are required to redact the information because it is protected from disclosure under
law. If you do not possess the information necessary to fully complete a report required by this
General Order by its due date, you must provide as much information as you have available at
the time the report is due and subsequently update that information, as appropriate, consistent
with the requirements of Request No. 3.
3.

You must provide each report required by this General Order to NHTSA in an

electronic format, pursuant to the instructions set forth in Appendix A, and with the information
required and in the form set forth in Appendix C. Each updated Incident Report must
independently provide all information required by the form set forth in Appendix C and must not

10

refer to or attempt to incorporate by reference any information included in a previously
submitted Incident Report. You should immediately review the instructions set forth in
Appendix A to determine whether you need to establish an account and have it authorized for
the submission of reports under the terms of this General Order. You must also separately
submit any report that you claim contains confidential business information (CBI) to NHTSA’s
Office of Chief Counsel pursuant to the instructions set forth in Appendix B.
4.

NHTSA has determined that the information required by the Incident Report

form set forth in Appendix C, with three exceptions, does not include any potential CBI exempt
from public disclosure under either the Safety Act (49 U.S.C. § 30167(a)) or the Freedom of
Information Act (5 U.S.C. § 552(b)(4)). But for these three exceptions described below, the
nature of the crash-related information required by the Incident Report form is widely available
to the public from law enforcement agencies and through motor vehicle crash databases
maintained by NHTSA.10 NHTSA, therefore, will not keep this information confidential, intends
to make it publicly available, and is providing no assurance to you to the contrary. See Food
Marketing Inst. v. Argus Leader Media, 139 S. Ct. 2356, 2363 (2019).
5.

There are three exceptions, for which NHTSA will permit you to claim, when

appropriate and appropriately supported, that information submitted in an Incident Report
constitutes CBI. These three exceptions are: (1) the version of the ADAS/ADS with which a
vehicle is equipped; (2) whether the vehicle was within its operational design domain (ODD) at
the time of the incident; and (3) the narrative. The instructions provided in Appendix B explain
how you can make such a claim of confidentiality. Making a request for confidential treatment

10

See https://www.nhtsa.gov/data/crash-data-systems.

11

does not ensure that the information claimed to be confidential will be determined to be
confidential. See 49 C.F.R. Part 512, Subparts D-E.
6.

If the deadline for submission of any report required by this General Order (other

than those reports required within one calendar day under Request No. 1) falls on a weekend or
Federal holiday, the deadline is extended to the next business day that is not a Federal holiday.
The deadline extension described in this paragraph does not apply to reports required within one
calendar day under Request No. 1.
7.

Any questions about the information or format required for the reports required

by this General Order should be directed to Jeff Eyres, Office of Chief Counsel, via email at
[email protected] or telephone at 202.913.4307 or, for technical questions, an email should
be sent to [email protected]. The deadlines for filing reports required by this General
Order are not tolled or otherwise held in abeyance by the submission of a question.
8.

With respect to words and terms used in this General Order: the singular includes

the plural; “and” as well as “or” shall be construed either disjunctively or conjunctively to bring
within the scope of this General Order all information, incidents, and responses that might
otherwise be construed to be outside its scope; “each” shall be construed to include “every” and
“every” shall be construed to include “each”; “any” shall be construed to include “all” and “all”
shall be construed to include “any”; and the use of a verb in any tense shall be construed as the
use of the verb in a past or present tense whenever necessary to bring within the scope of the
requests all information, incidents, and responses that might otherwise be construed to be
outside its scope.

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9.

The reporting requirements established by this General Order, issued pursuant to

49 U.S.C. § 30166(g), are in addition to any reporting obligations applicable to you under the
National Traffic and Motor Vehicle Safety Act, as amended (the Safety Act), 49 U.S.C. Chapter
301, and regulations thereunder, but not limited to, early warning reporting requirements, 49
C.F.R. Part 579, Subpart C.
10.

Failure to respond timely, fully, or truthfully to this General Order may result in a

referral to the United States Department of Justice for a civil action to compel responses and
may also subject you to civil penalties, currently up to $22,992 per violation per day, up to a
maximum penalty of $ 114,954,525 for a related series of violations. See 49 U.S.C. §
30165(a)(3); 49 C.F.R. § 578.6(a)(3).
REQUESTS
IT IS THEREFORE ORDERED THAT:
In accordance with the instructions set forth above, each Reporting Entity shall
submit an Incident Report, with the information required and in the form prescribed by
Appendix C, as follows:
1.

For each incident that meets the following criteria, submit an Incident Report not

later than one (1) calendar day after receipt of notice of such incident and an updated Incident
Report on the tenth (10th) calendar day after receipt of notice of such incident:
A.

a subject vehicle (whether equipped with ADS or Level 2 ADAS) is
involved in a crash on a publicly accessible road in the United States
(including any of its territories);

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B.

the ADS or Level 2 ADAS on the subject vehicle was engaged at any
time during the period from 30 seconds immediately prior to the
commencement of the crash through the conclusion of the crash;

C.

the crash results in any individual being transported to a hospital for
medical treatment, a fatality, a vehicle tow-away, or an air bag
deployment or involves a vulnerable road user; and

D.

notice of the crash is received ten (10) calendar days or more after being
first served with Standing General Order 2021-01.

The third criterion (Request No. 1.C.) is met when 1) the crash results in any person being
transported to a hospital for medical treatment of an injury, or a fatality, regardless of whether
the person injured or killed was an occupant of the subject vehicle; 2) the crash results in a towaway or air bag deployment on any vehicle involved in the crash, regardless of whether the towaway or air bag deployment involved the subject vehicle; or 3) a vulnerable road user is injured
as a result of the crash, is struck by any vehicle involved in the crash, is an occupant of any
vehicle that is damaged as a result of the crash, or is alleged to have caused or contributed to the
crash by influencing any part of the driving task for any vehicle involved in the crash.
2.

For each incident that meets the following criteria and is not reportable under

Request No. 1, submit an Incident Report on the fifteenth (15th) calendar day of the month
following the calendar month in which notice of the incident was received:
A.

a subject vehicle equipped with ADS is involved in a crash on a publicly
accessible road in the United States (including any of its territories);

14

B.

the ADS on the subject vehicle was engaged at any time during the period
30 seconds immediately prior to the commencement of the crash through
the conclusion of the crash; and

C.

notice of the crash is received ten (10) calendar days or more after first
being served with Standing General Order 2021-01. 

3.

For any incident previously reported under Request No. 1 or Request No. 2,

submit an updated Incident Report on the fifteenth (15th) calendar day of the month following
any calendar month in which notice of any material new or materially different information
about the incident is received. 
4.

In the absence of any new or updated Incident Reports due under Request No. 2

and Request No. 3, submit an Incident Report confirming the lack of any reportable information
on the fifteenth (15th) calendar day of each month, beginning the calendar month after you were
first served with the Standing General Order 2021-01.

NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION,
U.S. DEPARTMENT OF TRANSPORTATION

Dated: August 5, 2021

By:

signed by ANN
ANN ELIZABETH Digitally
ELIZABETH CARLSON
Date:
2021.08.05
23:25:13 -04'00'
CARLSON
________________________________

Ann Carlson
Chief Counsel
Attachments:
Service List
Appendix A—Incident Report Submission Instructions
Appendix B—Confidential Business Information (CBI) Instructions
Appendix C—Incident Report
15

UNITED STATES DEPARTMENT OF TRANSPORTATION
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
1200 New Jersey Avenue SE
Washington, DC 20590
______________________________________
In re:
)
)
Standing General Order 2021-01
)
)
Incident Reporting for
)
Automated Driving Systems (ADS) and
)
Level 2 Advanced Driver
)
Assistance Systems (ADAS)
)
______________________________________ )
SERVICE LIST
The following manufacturers and operators shall be served with and are then, upon
service, subject to the requirements of this First Amended Standing General Order 2021-01:

Lajos Nemeth
Chief Operating Officer
Aimotive, Inc.
1907 Colony Street
Mountain View, CA 94043

Feng-Ming Wan
Chief Executive Officer
Ambarella Corp.
3101 Jay Street
Santa Clara, CA 95054

Jan Becker
President and Chief Executive Officer
Apex.ai, Inc.
979 Commercial Street
Palo Alto, CA 94303

Katherine Adams
General Counsel
Apple
One Apple Park Way
Cupertino, CA 95014

Katherine Ramundo
Chief Legal Officer
Aptiv
4427 Lytle St. # Mill 19B
Pittsburgh, PA 15207

Todd Fronckowiak
Director of Safety Policy and Compliance
Argo AI
Three Crossings Riverfront West Building
2545 Railroad Street, Suite 400
Pittsburgh, PA 15222

Youngwoo Seo
Chief Executive Officer
Atlas Robotics, Inc.
2259 Delucchi Dr.
Pleasanton, CA 94588

Brad Stertz
Director, Audi Government Affairs
Audi
601 Pennsylvania Avenue, NW, Suite 740
Washington, DC 20004

Nathaniel Beuse
Vice President of Safety
Aurora Operations, Inc.
280 N Bernardo Ave
Mountain View, CA 94043

Jianxiong Xiao
Chief Executive Officer
AutoX Technologies Inc
US Headquarters, 441 W Trimble Rd
San Jose, CA 95131

Jingao Wang
Autonomous Vehicle Operations
Baidu USA LLC
1195 Bordeaux Drive
Sunnyvale, CA 94089

Joe Moye
Chief Executive Officer
Beep
6900 Tavistock Lakes Blvd., Suite 400
Orlando, FL 32827

Michael Hawthorne
President and Chief Executive Officer
Bendix Commercial Motor Vehicle Systems
901 Cleveland Street
Elyria, OH 44035

Stephen Worrall
Director
Bentley Americas
2003 Edmund Halley Dr., Ste 300
Reston, VA 20191-3498

Adam McNeill
Vice President of Engineering
BMW of North America, LLC
300 Chestnut Ridge Road
Woodcliff, NJ 07675

Erik Dyhrkopp
General Counsel
Robert Bosch North America Corporation
1455 Pennsylvania Avenue, NW, Suite 755
Washington, DC 20004

Mark Godwin
President
Box Bot
201 2nd Street
Oakland, CA 94607

George Hotz
President
comma.ai, Inc.
1441 State Street
San Diego, CA 92101

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Ibro Muharemovic
Director
Continental Automotive Systems, Inc.
1 Continental Dr.
Auburn Hills, MI 48326

Jeff Bleich
Chief Legal Officer
Cruise
1201 Bryant Street
San Francisco, CA 94103

Lior Tal
Chief Executive Officer
CYNGN Inc
1015 O’Brien Dr.
Menlo Park, CA 94025

Sean Waters
Vice President, Product Compliance
Daimler Trucks North America, LLC
4555 N. Channel Ave.
Portland, OR 97217

Qi Zhuang
Chief Executive Officer
Deeproute AI
46535 Fremont Blvd.
Fremont, CA 94538

Tonit Calaway
General Counsel and Secretary
BorgWarner Inc. (Delphi)
3850 Hamlin Rd
Auburn Hills, MI 48326

Seiji Maeda
Chief Executive Officer
Denso International America, Inc.
24777 Denso Drive
Southfield, MI 48033

Boqing Shi
Autonomous Driving
Didi Research America LLC
450 National Ave.
Mountain View, CA 94043

Chief Legal Officer
EasyMile
3300 Walnut St. Suite 124
Denver, CO 80205

Chief Legal Officer
Einride AB
Nordic Innovation House
470 Ramona St.
Palo Alto, CA 94301

Johnny Morris
Head of Public Policy & Communications
Embark Trucks, Inc.
424 Townsend St.
San Francisco, CA 94107

David Wertheim
General Counsel
Ferrari North America, Inc.
250 Sylvan Avenue
Englewood Cliffs, NJ 07632-2500

3

Nicholas Promponas
Senior Vice President
First Transit, Inc.
600 Vine Street, Suite 1400
Cincinnati, OH 45202

Desi Ujkhasevic
Global Automotive Safety Office Director
Ford Motor Company
330 Town Center, Ste. 500
Dearborn, MI 48126

Gil Amid
Chief Regulatory Affairs Officer
Foretellix
1579 Kennewick Dr.
Sunnyvale, CA 94087

Arjun Narang
Co-Founder and Chief Technology Officer
Gatik AI, Inc.
3530 W. Bayshore Rd.
Palo Alto, CA 94303-4228

Jackie Glassman
General Counsel
Ghost
900 Villa St.
Mountain View, CA 94041

Regina Carto
Vice President, Global Product Safety &
Systems
General Motors LLC
300 Renaissance Center
Detroit, MI 48265

Vladislav Voroninski
Chief Executive Officer
Helm AI
3723 Haven Avenue, #125
Menlo Park, CA 94025

Catherine McEvilly
General Counsel
American Honda Motor Co.
1919 Torrance Blvd.
Torrance, CA 90501-2746

Brian Latouf
Chief Safety Officer
Hyundai Motor America
10550 Talbert Avenue
Fountain Valley, CA 92708

Adham Ghazali
Chief Executive Officer
Imagry Inc.
2730 S. Hardy Dr., Ste 1
Tempe, AZ 85282

Dr. Chen Tian
Vice President, Head of R&D Center
Inceptio Technology
47221 Fremont Blvd.
Fremont, CA 94538

Allon Stabinsky
Chief Deputy General Counsel
Intel/Mobileye
2200 Mission College Blvd.
Santa Clara, CA 95054-1549

4

Chief Legal Officer
Isuzu Technical Center of America, Inc.
46401 Commerce Center Drive
Plymouth, MI 48170

Chris Marchand
VP, Government and Industry Relations,
Americas
Jaguar-Land Rover
100 Jaguar Land Rover Way
Mahwah, NJ 07495

J.S. (Jurassic) Park
VP, Regulatory Compliance
Kia Motors America
111 Peters Canyon Road
Irvine, CA 92606-1790

Jordan Coleman
General Counsel
Kodiak Robotics
1049 Terra Bella Ave.
Mountain View, CA 94043

Rene Sueltzner
Head of After Sales/Recalls
Automobili Lamborghini America LLC
2200 Ferdinand Porsche Dr.
Herndon, VA 20171

Michael Tree
Executive Director
LAVTA
1362 Rutan Court, Suite 100
Livermore, CA 94551

Yong Huang
Manager
Leonis Technologies North America LLC
48660 Kato Road
Fremont, CA 94538

Bob de Kruyff
Vice President of Regulatory Affairs
Local Motors
7400 West Detroit Street, Suite 170
Chandler, AZ 85226

Çetin Meriçli, Ph.D.
Chief Executive Officer
Locomation
720 E Lacock St.
Pittsburgh, PA 15212

Jonathan Butler
General Counsel
Lucid Motors USA Inc.
7373 Gateway Boulevard
Newark, CA 94560

John Maddox
Head of Autonomous Vehicle Safety
Lyft
185 Berry Street, Ste. 5000
San Francisco, CA 94107

Gregory McLean
Senior Legal Counsel
Magna International of America, Inc.
750 Tower Drive, Mail Code 7000
Troy, MI 48098

5

Cheol Woo Kim
Chief Executive Officer
Mando America Corp.
4201 Northpark Dr.
Opelika, AL 36801

Kas Rigas
Head of Communications
Maserati North America, Inc.
1 Chrysler Drive
Auburn Hills, MI 48326

Edwin Olson
Chief Executive Officer
May Mobility
650 Avis Drive, Suite 100
Ann Arbor, MI 48108

Jennifer Morrison
Manager, Vehicle Safety Compliance
Mazda North American Operations
1025 Connecticut Ave., NW, Suite 910
Washington, DC 20036

Tim Murnane
Legal Director
McLaren
1405 S. Beltline Road, Suite 100
Coppell, TX 75019

Matthew Everitt
General Counsel
Mercedes-Benz North America
One Mercedes-Benz Drive
Sandy Springs, GA 30328

Katherine Knight
General Counsel
Mitsubishi Motors North America, Inc.
4031 Aspen Grove Dr., Suite 650
Franklin, TN 37067

Peter Simshauser
General Counsel
Motional
100 Northern Avenue, 2nd Floor
Boston, MA 02210

Ted Navitskas
General Counsel
MV Transportation, Inc.
Corporate Headquarters
2711 N. Haskell Ave.; Suite 1500
Dallas, TX 75204

Curt A. Kramer
General Counsel
Navistar
2701 Navistar Drive
Lisle, IL 60532

Jeremy Layman
Sales & Marketing Coordinator
NAVYA Inc.
1406 East Michigan Avenue
Saline, MI 48176

Selim Hammoud
Director, Chief Safety Officer
Nissan North America, Inc.
One Nissan Way
Franklin, TN 37067

6

Matthew Lipka
Head of Policy
Nuro
1300 Terra Bella Ave #200
Mountain View, CA 94043

Gary Hicok
Senior Vice President, Automotive
Hardware & System
NVIDIA
2788 San Tomas Expressway
Santa Clara, CA 95050

Jenny Larios Berlin
Chief Operating Officer
Optimus Ride Inc.
88 Black Falcon Avenue, Suite 188
Boston, MA 02210

Mike Walton
General Counsel
PACCAR
777 106th Avenue N.E.
Bellevue, WA 98004

Hyunggi Cho
Chief Executive Officer
Phantom.ai, Inc.
197 Airport Blvd
Burlingame, CA 94010

David Liu
Chief Executive Officer
Plus AI
20401 Stevens Creek Boulevard
Cupertino, CA 95014

Lucy Clark Dougherty
General Counsel
Polaris Industries
2100 Highway 55
Medina, MN 55340

Gordon Sung
General Counsel
Pony.ai
3501 Gateway Blvd.
Freemont, CA 94538

George Feygin
General Counsel
Porsche Cars North America, Inc.
One Porsche Drive
Atlanta, GA 30354

Robbie Miller
Chief Executive Officer
Pronto AI
444 N. Capitol St. NW, Suite 801
Washington, DC 20001

Qian Yu
Chief Executive Officer
Qcraft.ai
414 Saint Emilion Court
Mountain View, CA 94042

Paul Guckian
Vice President Engineering
Qualcomm Technologies, Inc
5775 Morehouse Drive
San Diego, CA 92121

7

Jason Stinson
Chief Technology Officer
Renovo Motors Inc.
1624 Dell Ave., Ste B
Campbell, CA 95008

Aarjav Trivedi
Chief Executive Officer
Ridecell, Inc.
514 Bryant St.
San Francisco, CA 94107

Sayed Ali Ahmed
Chief Executive Officer
Robomart
730 Arizona Avenue
Santa Monica, CA 90401

Alberto Lacaze
President
Robotic Research
555 Quince Orchard Rd., Suite 300
Gaithersburg, MD 20878

Mark Chernoby
Chief Technical Compliance Officer
Stellantis
800 Chrysler Dr, CIMS-482-00-91
Auburn Hills, MI 48326

Sheila Gallucci-Davis
General Counsel
Subaru of America
One Subaru Drive
Camden, NJ 08103

Nancy Tayui
Managing Counsel
Suzuki Motor USA, LLC
3251 E. Imperial Highway
Brea, CA 92821

Steve Debenham
Vice President & General Counsel
Telenav, Inc.
4655 Great America Parkway, Suite 300
Santa Clara, CA 95054

Lars Moravy
Vice President Vehicle Engineering
Tesla, Inc.
3550 Deer Creek Rd.
Palo Alto, CA 94304

Michael Fleming
Chief Executive Officer
TORC Robotics, Inc.
405 Partnership Dr. SE
Blacksburg, VA 24060

Gary Ross
Vice President
Toyota Motor North America
6565 Headquarters Drive
Plano, TX 75024

Derrick Breun
Vice President Operations
Transdev Services, Inc.
720 E. Butterfield Road, Suite 300
Lombard, IL 60148

8

Jim Mullen
Chief Administrative and Legal Officer
TuSimple
9191 Towne Centre Dr, Ste 600
San Diego, CA 92122

Daniel J. Laury
Chief Executive Officer
Udelv, Inc.
1826 Rollins Rd.
Burlingame, CA 94010

Eric Antoine Fredette
General Counsel
Valeo
150 Stephenson Highway
Troy, MI 48083

Julie A. Manzari
Innovation Strategist
VEPC (Dominon Energy)
707 East Main Street, 20th Floor
Richmond, VA 23103

Jimmy Pang
Engineering and Development Supervisor
Verizon
One Verizon Way
Basking Ridge, NJ 07920

Christopher Sandvig
Director of Group Customer Protection
Volkswagen Group of America, Inc.
2200 Ferdinand Porsche Dr.
Herndon, VA 20171

Christopher Dauerer
Vice President Quality - Americas
Volvo Car USA, LLC
1800 Volvo Pl.
Mahwah, NJ 07430

Jonathan Miller
Senior Vice President, Public Affairs
Volvo Trucks
2900 K St., NW, South Building, Ste 410
Washington, DC 20007

Kelly Freeman
Senior Legal Counsel
Wabco Vehicle Control Systems
Wabco Holdings Inc. Americas
1220 Pacific Drive
Auburn Hills, MI 48326

Kevin Vosen
General Counsel
Waymo
25 Massachusetts Ave. NW, 9th Floor
Washington, DC 20001

Zhong Hua
Senior Vice President of Engineering
WeRide Corp
2630 Orchard Pkwy,
San Jose, CA 95131

James Kuffner
Chief Executive Officer
Woven Planet North America, Inc.
4440 El Camino Real
Los Altos, CA 94022

9

Xinzhou Wu
Chief Executive Officer
Xmotors.ai, Inc.
850 N. Shoreline Blvd.
Mountain View, CA 94043

Dmitry Polishchuk
Chief Executive Officer
Yandex Self Driving Group Inc.
10 State Street
Newburyport, MA 01950

Dr. Martin Fischer
Passive & Active Safety Systems,
Electronics, and ADAS
ZF North America, Inc.
12001 Tech Center Drive
Livonia, MI 48150

Christopher Nalevanko
General Counsel
Zoox
1149 Chess Drive
Foster City, CA 94404

John Mottola
Vice President of Operations
Perrone Robotics, Inc.
5625 The Square
Crozet, VA 22932

Dr. Anuja Sonalker
Chief Executive Officer  
Steer Tech
10840 Guilford Rd.
Annapolis Junction, MD 20701

10

Appendix A to Standing General Order 2021-01
Incident Report Submission Instructions
Each report required by this Standing General Order (General Order) must be provided to
NHTSA in electronic format, via the NHTSA Incident Report – SGO 2021-01 Portal (the Portal).
The Portal will be available beginning on August 12, 2021, the effective date of this General
Order. These instructions explain how to establish a Portal account and how to submit a report
required under this General Order via the Portal. Any report that contains confidential business
information (CBI) must also separately be submitted to NHTSA’s Office of Chief Counsel
pursuant to the instructions set forth in Appendix B.
Establishing a Portal Account
If you do not have a Portal account, you must establish an account before you can file any
report required by this General Order. You should establish a Portal account as soon as possible
to ensure that you can timely file all required reports and to become familiar with the Portal and
the procedure for filing a report.
If you have a preexisting Incident Report PDF upload account, you already are
preregistered for submitting reports under this General Order, and you should already have
received a Portal account invitation email to establish an account password. If you do not have a
preexisting account or if you have not received a Portal account invitation email, you must
contact the Help Desk at 202-366-3348 or by email at [email protected] to provide
company and individual contact information so that NHTSA can set up a Portal account for
filing reports under this General Order. You then will receive a Portal account invitation email to
establish an account password and activate the account. Each separate user (including multiple
users from the same reporting entity) must establish and activate a separate account.

i

Submitting a Report to NHTSA via the Portal
To submit a report to NHTSA under this General Order via the Portal, you must access
the Portal at https://mcp.nhtsa.gov/acr/signin and follow the steps below. All data elements in the
report form are required to be completed. Some data elements have restrictions based on entries
made for other data elements.
1.

Log in to your Portal account using your email address and password.

2.

To create a new report, select the “Create a New Submission” button on the

displayed dashboard page.
3.

In the report form that is now shown, select the REPORT TYPE to display the

fields that are needed for that selection. The options for REPORT TYPE are 1) “1-Day,” 2)
“Monthly,” and 3) “Monthly –No Incidents.”
4.

If the REPORT TYPE is “1-Day,” enter the required data in the fields that are

shown. After entering data, select the “Save As Draft” button to save the report as a draft for
later editing or submission, or select the “Submit” button to submit the report to NHTSA
immediately. Select the “Cancel” button to return to the dashboard.
5.

If the REPORT TYPE is “Monthly,” enter the required data in the fields that are

shown. After entering data, select the “Save As Draft” button to save the report as a draft for
later editing or submission, or select the “Submit” button to submit the report to NHTSA
immediately. Select the “Cancel” button to return to the dashboard.
6.

If the REPORT TYPE is “Monthly – No Incidents,” select and enter the REPORT

MONTH & YEAR. After entering the month and year, select the “Save As Draft” button to save
the report for later editing or submission or select the “Submit” button to submit the report to
NHTSA immediately. Select the “Cancel” button to return to the dashboard.

ii

7.

To edit a report saved as a draft, select its Report ID on the “Draft Incident

Reports” table on the dashboard to perform edits or to submit the report to NHTSA. You can also
delete a saved draft report by selecting the “Delete” button on the report page.
8.

Following completion of any edits on a draft report, you can submit the report by

selecting the “Submit” button. The report will now be shown on the “Submitted Incident
Reports” table on the dashboard. If the report previously had been saved as a draft, it will no
longer be found on the “Draft Incident Reports” table following submission.
9.

To view a report following submission, select the Report ID of the report on the

“Submitted Incident Reports” table on the dashboard. The submitted report can no longer be
edited.
10.

To create an updated report (10-day or monthly), select the report from the

“Submitted Incident Reports” table and then select the “Create Updated Report” button at the
bottom of the report form. A draft copy of the report will be created and can be edited and
submitted as a new version of the original form. The “Create Updated Report” function is used
for both 10-day updated reports and monthly updated reports. To see the submitted report from
which an update report was created, look at the label immediately under the Report ID field.
Only the latest version of a submitted report can be used to create an update and only one draft
update version can exist for that report. An updated report must independently include all
required information and must not attempt to incorporate information from prior reports by
reference. If the updated report includes confidential business information, you must submit a
new CBI request pursuant to the instructions set forth in Appendix B.
11.

To view a list of prior activity, select the “Audit Trail” button from the

dashboard or from the report pages.

iii

12.

To print reports for a CBI submission, select the report from the “Submitted

Incident Reports” table, open the report, and select the Print button at the top to print confidential
and public versions of the report. A pop-up window will be displayed giving you the option to
print either a public version that does not show the confidential version of the CBI fields or a
confidential version that contains unredacted CBI fields and includes a “CONFIDENTIAL
BUSINESS INFORMATION” designation at the top of the page. All CBI submissions must be
made pursuant to the instructions set forth in Appendix B.
13.

To log out of your Portal account, use the Logout link near the top of the page.

Technical Assistance
For technical assistance setting up a Portal account or submitting a report to NHTSA via
the Portal, please contact the MC Help Desk at 202-366-3348 or by email at
[email protected]. For technical assistance regarding the content required in a report,
please send an email to [email protected].

iv

Appendix B to Standing General Order 2021-01
Confidential Business Information (CBI) Instructions
If you claim that information in an Incident Report you submit contains confidential
business information (CBI), you must comply with 49 C.F.R. Part 512 and these instructions.
These instructions provide information intended to help you comply with that regulation in the
context of submitting required Incident Reports under this General Order. A current version of
the regulation is available at http://www.ecfr.gov by selecting Title 49 “Transportation,”
selecting “Parts 500 – 599” and then selecting Part 512 “Confidential Business Information.”
1.

NHTSA has determined that only three of the fields on the Incident Report form

(Appendix C) request information that potentially could be CBI. Those three fields are: (1)
“ADAS/ADS VERSION”; (2) “WAS VEHICLE WITHIN ITS ODD AT THE TIME OF THE
INCIDENT?”; and (3) “NARRATIVE.” The form includes a box labeled “CBI” next to each of
these three fields.
2.

To claim that your response to any of these three fields constitutes CBI, you must

first check the CBI box next to each field you are claiming constitutes CBI. You must separately
check each CBI box to claim that the information submitted in that field constitutes CBI.
3.

If any one of the CBI boxes is checked, the report will display the statement

“CONFIDENTIAL BUSINESS INFORMATION” at the top of the report, consistent with the
requirements of 49 C.F.R. § 512.6(c)(2). The following message also will appear as a reminder:

v

4.

If you check the CBI box for “ADAS/ADS VERSION and/or “WAS VEHICLE

WITHIN ITS ODD AT THE TIME OF THE INCIDENT,” brackets will automatically be
placed around the response for which the CBI box is checked to designate the information that is
claimed to be confidential, consistent with the requirements of 49 C.F.R. § 512.6(c)(2). A readonly field showing the public versions of these fields will be displayed below the confidential
version of the field. The public versions of these fields will state “[REDACTED
CONFIDENTIAL BUSINESS INFORMATION]”
5.

If you check the CBI box for “NARRATIVE,” you must manually insert brackets

in the text of your response around the specific information you are claiming is confidential.
These brackets will not be inserted automatically because you must identify the specific
information within the “NARRATIVE” response you are claiming is confidential, consistent
with the requirements of 49 C.F.R. § 512.6(c)(2). When you check the CBI box for
“NARRATIVE,” the following message will appear as a reminder:

A read-only field showing the public version of the NARRATIVE field will be displayed below
the confidential version of the field. Any part of the narrative you have designated as
confidential by placing it within brackets will be replaced with “[REDACTED
CONFIDENTIAL BUSINESS INFORMATION]” in the public version of the field. If you do

vi

not insert brackets around the specific information you are claiming is confidential, you have not
made a valid CBI claim for any information in your response to “NARRATIVE.”
6.

To make a valid CBI claim, you must also, in addition to following the

procedures described in Paragraphs 2-5, separately submit a confidentiality request to NHTSA
in support of your CBI claim. You must submit a separate confidentiality request for each
Incident Report on which you are claiming CBI. You need to submit one confidentiality request
for each Incident Report, regardless of how many of the three CBI boxes you checked. To
submit a confidentiality request, you will need the Report ID that was generated and assigned to
the report.
7.

You must email your confidentiality request to NHTSA’s Office of Chief

Counsel at [email protected]. Your email must include in the subject line: the name of
the Reporting Entity and the Report ID. To facilitate social distancing due to COVID-19,
NHTSA is treating electronic submission as an acceptable method for submitting confidentiality
requests to the agency under 49 C.F.R. Part 512. See https://www.nhtsa.gov/coronavirus/
submission-confidential-business-information. Do not send a duplicate hardcopy of your
confidentiality request to NHTSA.
8.

The confidentiality request you email to NHTSA must include the following:
a.

A request letter that contains supporting information, pursuant to 49

C.F.R. § 512.8. See Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356
(2019). The request letter must reference the unique filename assigned to the report.
b.

A certificate, pursuant to 49 C.F.R. § 512.4(b) and 49 C.F.R. Part 512,

Appendix A. The certificate must reference the Report ID assigned to the report.

vii

c.

An unredacted, “confidential version” of the report for which you are

requesting confidential treatment. The report you submitted electronically, with checked
CBI boxes, brackets around the information claimed to be confidential, and the label
“CONFIDENTIAL BUSINESS INFORMATION” at the top of the page meets the
requirements of 49 C.F.R. § 512.6 for this purpose. To print a confidential version of the
report for a CBI submission, select the report from the “Submitted Incident Reports”
table, open the report, and select the Print button at the top. A pop-up window will be
displayed giving you the option to print a confidential version that includes unredacted
CBI fields and includes the designation “Confidential Business Information” at the top of
the page.
d.

A redacted, “public version” of the report for which you are requesting

confidential treatment. Pursuant to 49 C.F.R. § 512.5(a)(2), the redacted “public version”
must include redactions of any information for which you are seeking confidential
treatment (i.e., the only information that should be unredacted is information for which
you are not seeking confidential treatment). To print a redacted, public version of the
report for a CBI submission, select the report from the “Submitted Incident Reports”
table, open the report, and select the Print button at the top. A pop-up window will be
displayed giving you the option to print a public version that does not show the
confidential version of the CBI fields.

viii

Appendix C to Standing General Order 2021-01
Incident Report Form
The Incident Report Form is an interactive web form that can be accessed via the Portal
(see instructions in Appendix A for accessing the Portal). A static image of the form is shown on
the following page.

ix

x