Interim Part 555 Guidance and Enhanced Application Instructions
Overview
NHTSA is seeking public comment on this interim guidance. You may submit a comment when the link becomes available at Regulations.gov, under NHTSA-2026-1552.
The National Traffic and Motor Vehicle Safety Act (Safety Act), 49 U.S.C. Chapter 301, authorizes NHTSA to grant exemptions that permit manufacturers to produce vehicles over a two- or three-year period that do not comply with certain Federal motor vehicle safety standards, often referred to as FMVSS, (49 U.S.C. § 30113, “General exemptions”). This exemption program is implemented through regulations found at 49 CFR part 555 (part 555). The agency issues these exemptions to provide some flexibility to the general requirement to comply with applicable FMVSS by alleviating substantial economic hardship, facilitating the development of new motor vehicle safety or low-emission engine features, or enabling the production of a motor vehicle with an equivalent overall level of safety. NHTSA may grant a part 555 exemption if it determines that at least one of four bases listed in the statute is met and NHTSA determines that the exemption is consistent with the public interest and the Safety Act. The statute also authorizes NHTSA to subject an exemption to terms the agency deems appropriate and requires that NHTSA publish notice of the application and provide the public an opportunity to comment.
Except for the statutes and regulations cited, the contents of this guidance do not have the force and effect of law and are not meant to bind the public in any way. Rather, the below information is intended to provide guidance to manufacturers interested in requesting an exemption under NHTSA’s General Exemption program.
This information is divided into two main components:
- Guidance to help manufacturers understand the Part 555 program and NHTSA’s approach to processing applications; and
- Enhanced application instructions listing information that, based on NHTSA’s experience from other reviews of exemptions, the agency considers likely to be useful when reviewing applications submitted under the program and, if included, may reduce the need for further information requests.
Part 555 Guidance
What to Expect in the Review Process
Upon receipt of an application, NHTSA provides an application number to the applicant, publishes a notice in the Federal Register announcing receipt of the submission, and places the application in the docket for public availability. If an applicant submits a request for confidential business information treatment of certain elements of the application under 49 CFR part 512, NHTSA will place the redacted version of the application in the docket. Information for which confidentiality has been requested is treated as confidential until a determination under the Freedom of Information Act or other legal authority has been made. See 5 U.S.C. 552, 49 CFR part 7 and 49 CFR part 512.
Based on whether NHTSA believes the application contains all the information required to evaluate the merits of the application, the Federal Register notice will either request public comment or state that NHTSA will seek public comment in a subsequent Federal Register notice after NHTSA receives additional information from the applicant. Additional information that NHTSA receives will be added to the docket and made available to the public when the comment period is opened.
Once the comment period has ended, NHTSA considers the available information and determines whether to grant or deny the exemption request. If NHTSA determines that the application does not contain adequate justification or information supporting the exemption, NHTSA will deny the request, notify the applicant in writing, and publish a Federal Register notice of the denial with its rationale. Conversely, if NHTSA determines that the application contains adequate justification and information supporting the exemption, NHTSA will grant the request, notify the applicant in writing, and publish a Federal Register notice of the grant and the rationale. If NHTSA denies the exemption request, the requestor may submit another request with new/additional information or arguments.
As authorized by statute, NHTSA may establish terms and conditions for a granted exemption as the agency deems appropriate. These terms and conditions are applied on a case-by-case basis and tailored to the particular exempted vehicles. When evaluating the merits of an application, NHTSA may consider whether applying terms and conditions are appropriate to ensure that granting the exemption is in the public interest or to ensure that the statutory basis on which the exemption is granted is met. To enable both better oversight and a quicker assessment of the threshold question of whether to grant an exemption, NHTSA is adopting a more dynamic and flexible approach to applying terms and conditions. Specifically, NHTSA intends to develop terms that could be included in part 555 exemption grants, when appropriate, that condition the operation of the vehicles on enhanced and continuing oversight from NHTSA. NHTSA would expect to administer this enhanced oversight through operational authorizations, which could be updated over time.
If such terms are applied, the first operational authorization would be issued at the same time the grant notice is published in the Federal Register and would contain initial operational conditions. The manufacturer would be able to start manufacturing under the part 555 exemption and begin commercially deploying vehicles immediately under the terms of their initial authorization. A manufacturer could later request changes to their operational authorization, which could include changes to operating locations, existing terms, and vehicle capabilities, and could be granted via a modified authorization. This approach is particularly relevant for exemptions for ADS-equipped vehicles, as it gives NHTSA flexibility to quickly update operational terms and expand the scope of the operational authorization via updates as the ADS continues to develop, mirroring real-world ADS development. While this improvement is primarily to address the complexity of submissions involving novel technologies, such as those for ADS-equipped vehicles, NHTSA will apply this approach to any part 555 application, as appropriate. Before granting an exemption, NHTSA would discuss the conditions with and seek input from the applicant, with the goal of establishing conditions that prioritize safety while not unduly burdening the applicant. Operational authorizations would be placed in the publicly available docket as they are issued.
When NHTSA grants a request for a General Exemption, the exemption is effective upon publication of the grant notice in the Federal Register and generally exempts vehicles manufactured on and after the effective date, unless the Federal Register notice specifies a later effective date. If the applicant would like to request a later effective date, they should indicate this in their application and specify when they would like their exemption to be effective or request that NHTSA follow-up prior to issuing a grant notice.
NHTSA will strive to keep the applicant informed of the status of their application throughout this process and will be available to answer questions, as needed. Please contact GeneralExemptions@dot.gov if you need assistance and be sure to reference your application number in all communications.
Temporary Nature of General Exemptions
Exemptions granted under part 555 permit manufacturers to manufacture exempted vehicles for a set amount of time, limited by statute. Vehicles manufactured under the exemption are subject to the terms of the grant notice for the life of the vehicle. An exemption granted on the basis of “substantial economic hardship” allows a manufacturer to produce exempted vehicles for up to three years. An exemption granted on any other basis allows a manufacturer to produce exempted vehicles for up to two years. Applications for renewal of the exemption follow the same application process as the existing exemption. If a manufacturer applies for renewal at least 60 days before the end of the exemption’s manufacturing period and the renewal application meets the requirements of 49 CFR § 555.5, the existing exemption does not terminate until NHTSA grants or denies the renewal application.
NHTSA may terminate or modify an exemption if NHTSA determines that either:
- the exemption is no longer consistent with the public interest and the objectives of the Vehicle Safety Act; or
- the exemption was granted on the basis of false, fraudulent, or misleading representations or information.
Any interested person may petition for the termination or modification of an exemption granted under part 555, and NHTSA will process those petitions according to the procedures in 49 CFR part 552. NHTSA publishes notices in the Federal Register for both applications for termination and modification of an exemption as well as NHTSA’s action in response to it. NHTSA also publishes notices for any terminations or modifications of an exemption that are initiated by NHTSA.
Enhanced Application Instructions
The following is a list of the information that, based on NHTSA’s experience with other reviews of exemptions, the agency considers likely to be useful when reviewing General Exemption applications under 49 U.S.C. § 30113 and 49 CFR part 555. This guidance is intended to clarify the existing minimum content requirements for applications under part 555 and offers guidance on meeting those requirements. It also describes additional content whose inclusion in applications is not required but is helpful to NHTSA. The description of this additional content is intended to aid applicants in preparing better supported applications, thereby increasing the likelihood that NHTSA will grant them. The submission of more thoroughly explained and better supported applications will also enable faster processing by reducing the resources and time NHTSA would otherwise need to evaluate applications. Even if all the information in this guide is provided to NHTSA, the agency may still have follow-up questions or seek clarification from an applicant. However, providing this information upfront is expected to reduce the need to engage in extended follow-up with an applicant. Failure to provide what is required by the regulation or statute may result in NHTSA notifying the manufacturer that the application is incomplete and will be denied unless the manufacturer submits additional information.
Once prepared, applicants should submit all application materials to GeneralExemptions@dot.gov.
If you need assistance, contact NHTSA at GeneralExemptions@dot.gov. If your inquiry is in reference to a particular application, include the application number in the email. If your response contains any material that you wish to claim as confidential business information (CBI), you must submit a request for confidential treatment (49 CFR Part 512). Instructions for submission are available upon request. All information submitted as part of applications (except that withheld as CBI) will be made publicly available at Regulations.gov as part of the docket for the exemption request.
Note: The knowing and willful submission of false, fictitious or fraudulent information will subject the applicant to the civil and criminal penalties of 18 U.S.C. 1001.
General Information
Please verify and provide the following:
Prerequisites
Before beginning your application, ensure you have met the applicable vehicle identification number and Manufacturer Identification requirements under 49 CFR 565 and 49 CFR 566. Visit https://vpic.nhtsa.dot.gov/ for more information, or to access the New Manufacturers Handbook, search manufacturer records, or submit documents for these requirements.
Contact Information
- Point of contact information
- Full name, title, mailing address, phone number, and email address(es) of the person(s) NHTSA should contact with questions regarding the application
- Required applicant information (see 49 CFR 555.5)
- Full company name and mailing address of the applicant
- A legal description of the organization (individual, partnership, corporation, etc.)
- The name of the State or country under the laws of which the manufacturer is organized
Vehicle Information
- Make
- Model name or designation
- Vehicle Type (passenger car, multipurpose passenger vehicle, truck, bus, trailer, incomplete vehicle, low speed vehicle, motorcycle, or school bus)
- Identify if the vehicles will be operated by an Automated Driving System (ADS) at any time. An ADS is the 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
Note: Bold text indicates required information.
Basis for Application
Applicants may identify more than one basis from the list below.
A manufacturer whose total motor vehicle production in the most recent year of production is fewer than 10,000 motor vehicles may apply for exemption on the basis of “substantial economic hardship.” A manufacturer seeking to use this basis for exemption must have attempted to comply with the applicable standard in good faith and must provide extensive documentation to NHTSA proving both the economic hardship and its good faith attempt to comply. This basis has a maximum exemption period of 3 years. [555.6(a)]
Any motor vehicle manufacturer may apply for exemption in order to facilitate the development or field evaluation of a new motor vehicle safety feature, for up to 2,500 vehicles per year. A manufacturer seeking to use this basis for exemption must provide documentation of the research performed already on the safety feature, how the safety feature is innovative, and how the safety level of the feature at least equals the safety level of the FMVSS for which exemption is sought. This basis has a maximum exemption period of 2 years. [555.6(b)]
Any motor vehicle manufacturer may apply for exemption in order to facilitate the development or field evaluation of a low-emission motor vehicle, for up to 2,500 vehicles per year. A manufacturer seeking to use this basis for exemption must provide documentation of research establishing that the motor vehicle is a low-emission motor vehicle, and how the safety level of the low-emission motor vehicle would not be reduced unreasonably by exemption from the FMVSS for which exemption is sought. This basis has a maximum exemption period of 2 years. [555.6(c)]
Any motor vehicle manufacturer may apply for exemption in order to sell, lease, or operate on public roads for commercial purposes, a vehicle model that does not comply with one or more applicable standards, but only for up to 2,500 vehicles per year. A manufacturer seeking to use this basis for exemption must provide a detailed analysis showing how the exempted vehicle provides an overall safety level at least equal to the overall safety level of nonexempt vehicles. For exemptions from bumper standards, the “substantial economic hardship” test applies. This basis has a maximum exemption period of 2 years. [555.6(d)]
Duration and Quantity
Applicants must provide:
- The desired length of time of the exemption’s manufacturing period in years, not to exceed limits for the applicable basis (see 49 CFR 555.5).
- If the applicant would like to request a later effective date (e.g. to facilitate pre-production or other preliminary activities), they may specify in their application when they would like their exemption to be effective. Alternatively, applicants may request that NHTSA follow-up with them to obtain this information prior to issuing a grant notice.
- The requested quantity of vehicles to be produced during the exemption’s manufacturing period, not to exceed limits for the applicable basis (see 49 CFR 555.6).
Note: Bold text indicates required information.
Other Helpful Information
In addition, NHTSA suggests that applicants provide the below information:
- A description of the intended use for the vehicles after manufacture (e.g., sale, lease, and/or operation by the manufacturer) and a list of all entities/partners and their roles in the intended deployment or commercialization plans (e.g., vehicle operators, research partners, transportation and logistics platforms).
- If the vehicles will be operated by an Automated Driving System (ADS) at any time, the name(s) of the ADS developer(s) and, if known, any expected ADS fleet operator(s).
- Actual or estimated dimensions and specifications (e.g., vehicle length, width, height, passenger capacity, designated seating capacity, curb weight).
- Interior and exterior photos or renderings of the vehicle from relevant angles.
- Any exemptions issued by other Federal agencies related to the vehicle (or its use) obtained or sought by the applicant.
FMVSS and Bumper Standards
For each applicable Federal Motor Vehicle Safety Standard (FMVSS) and bumper standard for which exemption is requested:
- State the specific text or substance of the standard from which the exemption is requested (see 49 CFR 555.5).
- Other helpful information: Describe in detail all aspects of the vehicle design, operation, and/or performance that do not conform to the standard
- Describe how the exempted vehicle would differ from one that complies with the standard (see 49 CFR 555.6)
- Other helpful information: Include differences in design, operation, and/or performance measures. You may use the format below to prepare your response in summary form and provide additional detail in the later sections of your application.
|
Standard # |
Description/Explanation of Noncompliance, including Section # |
Basis-Specific Information |
|---|---|---|
Basis-specific information, as applicable
- For substantial economic hardship, provide evidence that the applicant tried in good faith to comply with the referenced standard (see 49 CFR 555.6(a)).
- For development of a new safety feature, provide a description of how the level of safety or impact protection of the feature is equivalent to or exceeds the level of safety or impact protection established in the referenced standard (see 49 CFR 555.6(b)).
- For development of a low-emission vehicle, provide a description of how the exemption would not unreasonably degrade the safety or impact protection of the vehicle (see 49 CFR 555.6(c)).
- For equal or greater overall safety level, address how the vehicle provides an equivalent or greater level of safety without meeting the referenced standard (see 49 CFR 555.6(d)).
Other information
- Include any applicable operational safety considerations (e.g., maximum operational speed, time/weather restrictions, operator requirements, etc.) related to the basis-specific information provided in the table.
- A table of applicable FMVSSs for each vehicle type can be found in Appendix 15 of the New Manufacturers Handbook.
Note: Bold text indicates required information.
Basis for Application – Detailed Requirements
If a basis for exemption is Economic Hardship, you must also provide the following:
- Engineering and financial information demonstrating in detail how compliance or failure to obtain an exemption would cause substantial economic hardship, including:
- A list or description of each item of motor vehicle equipment that would have to be modified in order to achieve compliance
- The itemized estimated cost to modify each such item of motor vehicle equipment if compliance were to be achieved:
- As soon as possible,
- At the end of a 1-year exemption period (if the request is for 1 year or more),
- At the end of a 2-year exemption period (if the request is for 2 years or more),
- At the end of a 3-year exemption period (if the request is for 3 years)
- The estimated price increase per vehicle to balance the total costs incurred if the equipment were modified to comply and a statement of the anticipated effect of each such price increase
- Corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application
- Projected balance sheet and income statement for the fiscal year following a denial of the application
- A discussion of any other hardships (e.g., loss of market, difficulty of obtaining goods and services for compliance) that the applicant desires NHTSA to consider
- A description of your efforts to comply with the standards, including:
- A chronological analysis of such efforts showing its relationship to the rulemaking history of the standard from which exemption is sought
- If applicable, describe whether the exemption is being sought to provide relief from a new regulatory requirement for which the manufacturer needs additional time to comply.
- A discussion of alternate means of compliance considered and the reasons for rejection of each
- This may include a discussion of other compliant designs or approaches considered in the development process and why each alternate design was rejected.
- A discussion of any other factors (e.g., the resources available to the applicant, inability to procure goods and services necessary for compliance following a timely request) that the applicant desires the NHTSA to consider in deciding whether the applicant tried in good faith to comply with the standard
- A description of the steps to be taken, while the exemption is in effect, and the estimated date by which full compliance will be achieved either by design changes or termination of production of nonconforming vehicles
- The total number of motor vehicles produced by or on behalf of the petitioner in the 12-month period prior to filing the petition, and the inclusive dates of the period. (49 U.S.C. 30113(d) limits eligibility for exemption on the basis of economic hardship to manufacturers whose total motor vehicle production in the year preceding the filing of their applications does not exceed 10,000.)
- A chronological analysis of such efforts showing its relationship to the rulemaking history of the standard from which exemption is sought
Note: Bold text indicates required information.
If a basis for exemption is easing development or field evaluation of a new safety feature, you must also provide the following:
- A description of the safety or impact protection features, and research, development, and testing documentation establishing the innovative nature of such features. Documentation may include, but is not limited to:
- Descriptions of engineering development processes employed, including any processes/certifications related to quality management, design and development, and/or risk management (e.g., ISO/TS 16949, ISO 9001, ISO 26262, UL 4600)
- Research reports including literature review, methodology, results, discussion, conclusions, etc. describing demonstrated or anticipated safety benefits.
- Test reports detailing project information, test objectives, scope, environment, approach, setup, metrics, results, conclusions, etc.
- Industry, consensus, or other standards, either foreign or domestic, used to test or show the innovative nature of the feature(s).
- An analysis establishing that the level of safety or impact protection of the feature is equivalent to or exceeds the level of safety or impact protection established in the standard from which exemption is sought, including:
- A detailed description of how a vehicle equipped with the safety or impact protection feature differs from one that complies with the standard
- If applicant is presently manufacturing a vehicle conforming to the standard, the results of tests conducted to substantiate certification to the standard
- This is intended to request information about the manufacturer’s past experience, if any, with manufacturing vehicles that meet the standard from which exemption is sought and how the manufacturer exercised reasonable care in certifying vehicles as meeting the standard.
- This may include test reports detailing project information, test objectives, scope, environment, approach, setup, metrics, results, conclusions, substantiation that the test is relevant to the standard, etc.
- The results of tests conducted on the safety or impact protection features demonstrate performance that meets or exceeds the requirements of the standard
- This may include test reports detailing project information, test objectives, scope, environment, approach, setup, metrics, results, conclusions, substantiation that the test is relevant to the standard, etc.
- Substantiation that a temporary exemption would facilitate the development or field evaluation of the vehicle. This may include, but is not limited to:
- Development and testing plans including goals, milestones, timelines, etc.
- Field evaluation plans including objectives, evaluation questions, evaluation criteria, data collection methods, data analysis plans, milestones, timelines, etc.
- A discussion of why this development or field evaluation requires operation on public roads
- Description of the location(s) where the vehicle(s) will be operated or evaluated
- Contact information for the entity that will employ the safety operator(s) or driver(s) of the vehicle(s), if different than the manufacturer
- A statement whether, at the end of the exemption period, the manufacturer intends to conform to the standard, apply for a further exemption, or petition for rulemaking to amend the standard to incorporate the safety or impact protection features.
- Applications for renewal follow the same application process as the existing exemption. If the manufacturer submits a request for renewal of its exemption that meets the requirements of § 555.5 at least 60 days before the termination date of its exemption, the exemption will continue until NHTSA grants or denies the application for renewal.
- Requirements for petitioning NHTSA for rulemaking can be found in 49 CFR 552.
- A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month period for which an exemption may be granted. An application for renewal of such an exemption shall also include the total number of exempted vehicles sold in the United States under the existing exemption.
- NHTSA interprets the 2,500 exempted vehicle limit to apply to vehicles that are sold or otherwise manufactured and introduced into interstate commerce for commercial deployment, including manufacturing vehicles that are leased or operated on public roads for commercial purposes (e.g., paid transportation of passengers or goods). The manufacturer’s statement should acknowledge that they understand this limit by indicating that not more than 2,500 exempted vehicles will be sold or otherwise manufactured for commercial use on public roads in any 12-month period for which the exemption may be granted.
- Applications for renewal follow the same application process as the existing exemption. If the manufacturer submits a request for renewal of its exemption that meets the requirements of § 555.5 at least 60 days before the termination date of its exemption, the existing exemption will automatically continue until NHTSA grants or denies the application for renewal.
Note: Bold text indicates required information.
If a basis for exemption is development and evaluation of a low-emission vehicle, you must also provide the following:
- Substantiation that the vehicle is a low-emission vehicle as defined by 49 U.S.C. 30113(a).
- Substantiating information should include a description of the test methodology, setup, and test results demonstrating that the vehicle emits the air pollutant at levels significantly below the EPA standard. Research, development, and testing documentation establishing that a temporary exemption would not unreasonably degrade the safety or impact protection of the vehicle, including:
- Information substantiating that a vehicle emits an air pollutant in an amount significantly below a standard established by the Environmental Protection Agency (EPA) pursuant to 42 U.S.C. 7521 should include a specific reference to the EPA regulation as well as information about what the standard requires for the vehicle and a quantification of the extent to which the vehicle exceeds the requirement.
- Research, development, and testing documentation establishing that a temporary exemption would not unreasonably degrade the safety or impact protection of the vehicle, including:
- A detailed description of how the motor vehicle equipped with the low-emission engine would, if exempted, differ from one that complies with the standard
- If the applicant is presently manufacturing a vehicle conforming to the standard, the results of tests conducted to substantiate certification to the standard
- This is intended to request information about the manufacturer’s past experience, if any, with manufacturing vehicles that meet the standard from which exemption is sought and how the manufacturer exercised reasonable care in certifying vehicles as meeting the standard.
- The results of any tests conducted on the vehicle that demonstrate its failure to meet the standard, expressed as comparative performance levels
- This may include test reports detailing project information, test objectives, scope, environment, approach, setup, metrics, results, conclusions, substantiation that the test is relevant to the standard, etc.
- In this case, comparative performance levels may include quantitative differences between the safety performance of the vehicle and the requirements of the standard.
- Reasons why the failure to meet the standard does not unreasonably degrade the safety or impact protection of the vehicle. Justification for these reasons may include, but is not limited to:
- Descriptions of engineering development processes employed including any processes/certifications related to quality management, design and development, and/or risk management (e.g. ISO/TS 16949, ISO 9001, ISO 26262, UL 4600, etc.)
- Independent assessments evaluating conformance with industry standards, best practices, or guidance
- Test reports detailing test objectives, scope, environment, approach, setup, metrics, results, conclusions, etc.
- Research reports including literature review, methodology, results, discussion, conclusions, etc.
- Substantiation that a temporary exemption would facilitate the development or field evaluation of the vehicle. This may include, but is not limited to:
- Development plans including goals, milestones, timelines, etc.
- Field evaluation plans including objectives, evaluation questions, evaluation criteria, data collection methods, data analysis plans, milestones, timelines, etc.
- A discussion of why this development or field evaluation requires operation on public roads.
- A statement whether, at the end of the exemption period, the manufacturer intends to conform with the standard
- A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month period for which the exemption may be granted. An application for renewal of such an exemption shall also include the total number of exempted vehicles sold in the United States under the existing exemption.
- Applications for renewal follow the same application process as the existing exemption. If the manufacturer submits a request for renewal of its exemption that meets the requirements of § 555.5 at least 60 days before the termination date of its exemption, the existing exemption will automatically continue until NHTSA grants or denies the application for renewal.
Note: Bold text indicates required information.
If a basis for exemption is that the vehicle has an overall safety level at least equal to the overall safety level of nonexempt vehicles, you must also provide the following:
- A detailed analysis of how the vehicle provides the overall level of safety or impact protection at least equal to that of nonexempted vehicles, including:
- A detailed description of how the motor vehicle, if exempted, differs from one that conforms to the standard.
- This may include, but is not limited to, a discussion of how, if exempted, the vehicle differs with respect to vehicle design, operation, and/or performance.
- A detailed description of any safety or impact protection features that the vehicle offers as standard equipment that are not required by the Federal motor vehicle safety or bumper standards
- The results of any tests conducted on the vehicle demonstrating that it fails to meet the standard, expressed as comparative performance levels.
- This may include test reports detailing project information, test objectives, scope, environment, approach, setup, metrics, results, conclusions, substantiation that the test is relevant to the standard, etc.
- In this case, expressions of comparative performance levels include, but are not limited to, quantitative differences between the safety performance of the vehicle and the requirements of the standard.
- The results of any tests conducted on the vehicle demonstrate that its overall level of safety or impact protection exceeds that which is achieved by conformity to the standards
- This may include test reports detailing project information, test objectives, scope, environment, approach, setup, metrics, results, conclusions, substantiation that the test is relevant to the standards, etc.
- Other arguments that the overall level of safety or impact protection of the vehicle is at least equal to that of nonexempted vehicles, which may include:
- A description of engineering development processes employed including any processes/certifications related to quality management, design and development, and/or risk management (e.g. ISO/TS 16949, ISO 9001, ISO 26262, UL 4600, etc.)
- Independent assessments evaluating conformance with industry standards, best practices, or guidance
- A detailed description of how the motor vehicle, if exempted, differs from one that conforms to the standard.
- Substantiation that compliance would prevent the sale of the vehicle
- This could consist of a statement that compliance with the standard would prevent the manufacturer from selling or otherwise commercially deploying a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles, a discussion of ways in which the vehicle does not conform with the FMVSS, and justification for how the vehicle provides an overall equivalent level of safety. To the extent that substantiation has been provided in response to other requirements for applications submitted under this basis for exemption, the manufacturer is not required to provide duplicative information.
- In this case, NHTSA interprets “sale of the vehicle” to include commercially deploying the vehicle, including vehicles that are leased or operated on public roads for commercial purposes (e.g., paid transportation of passengers or goods).
- A statement whether, at the end of the exemption period, the manufacturer intends to comply with the standard
- A statement that not more than 2,500 exempted vehicles will be sold in the United States in any 12-month period for which an exemption may be granted. An application for renewal of such an exemption shall also include the total number of exempted vehicles sold in the United States under the existing exemption.
- Applications for renewal follow the same application process as the existing exemption. If the manufacturer submits a request for renewal of its exemption that meets the requirements of § 555.5 at least 60 days before the termination date of its exemption, the existing exemption will automatically continue until NHTSA grants or denies the application for renewal.
Note: Bold text indicates required information.
Public Interest
- You must provide a detailed description of the reasons why the granting of the exemption would be in the public interest and, as applicable, consistent with the objectives of the Vehicle Safety Act and bumper standards. This may include:
- A description of potential public interests that could range from safety, innovation, environmental, accessibility, or labor impacts to interests relating to the improvement of transportation efficiency.
- A description of any public outreach performed and the response from the community, e.g., via letters of support, survey results, focus groups.
- For ADS-equipped vehicles, information specified in the next section of this guide.
Note: Bold text indicates required information.
ADS-Equipped Vehicles
If the vehicle(s) will be operated by an Automated Driving System (ADS) at any time, NHTSA suggests that additional information be submitted to help NHTSA determine whether granting the exemption under any of the four bases would be in the public interest (addressed in Public Interest section) and to inform the application of an operational oversight condition and the initial operational authorization (discussed in Part 555 Guidance section). Applicants may also use this information to support equivalent or greater level of safety arguments (addressed in Basis for Application section). While NHTSA has found the information outlined below to be helpful, it is not an exhaustive list. You are invited to provide any relevant information beyond what is listed below.
Vehicle and ADS Information
- If the application is for a renewal, a description of any hardware or software changes to the vehicle model or its ADS since the previous granted exemption.
- Documentation or a discussion of the vehicle’s operational design domain (ODD) for its initial intended deployment, (e.g., maximum speed, road type, geographical, time-of-day restrictions) including any environmental (temperature, snow, rain, fog, hail, high winds, cloud cover, dust, etc.) or other conditions that may affect the performance of the vehicle’s ADS (presence of vulnerable road users, children, school and work zones, animals, etc.). Consider referencing related standards and best practices, for example, AVSC00002202004, ISO 34503, and BSI PAS 1883. Include how the ODD may change or be expanded over the duration of the exemption sought, as applicable.
- A description of how the vehicle and ADS will be monitored and controlled to ensure operation within its operational design domain. This may include discussion of engineering controls for detecting and responding to ODD exit, minimal risk maneuvers, remote operations or assistance, and other operational constraints and/or requirements designed and implemented to mitigate safety risk.
- The SAE Automation Level(s) while operating the vehicles in the ways described in the exemption application. Discuss the roles of both the human driver and the ADS, as applicable, for each operational mode and use case described in the application.
- A description of the extent (e.g., vehicle miles traveled, number of vehicles, locations, use cases, trips, driverless and supervised operations) to which this ADS or a substantially similar ADS (e.g., prior/newer generation) has been previously tested using this vehicle model or another vehicle model. List any incidents resulting in deaths or injuries. List any incidents occurring within the last 5 years on public roads resulting in property damage.
- Documentation that outlines policies and technical approaches for ensuring the safety of the vehicle and ADS over the complete product lifecycle. This includes but is not limited to information on the applicant’s safety case and overall safety management system (as applicable). Consider referencing related standards and best practices implemented by the applicant, for example, AVSC-D-02-2024, AVSC00007202107, UL 4600, ISO 26262, ISO 21448, MIL-STD-882E. Further considerations may include, but are not limited to:
- Processes used to gather and assess evidence of safety claims
- Discussion of metrics, performance thresholds, and safety performance indicators used to determine a system is acceptably safe
- Verification and validation methodology
- Results of any 3rd party assessments
- Describe the maximum control authority for the system when engaged, including commanded speed, acceleration, braking, steering angle, permissible gear selection states while engaged, and limits on specialized maneuvers (e.g., reversing, parking). In addition, provide the following vehicle braking system information:
- A description of the vehicle’s braking system architecture, including any redundant or backup systems
- The maximum deceleration rate that the ADS can apply while braking
- The minimum stopping distance that the ADS can achieve while braking from its maximum operating speed
- Descriptions or visual representations of sensor types (e.g., cameras, radar, lidar) and their locations on the vehicle, as well as the near field and far field limitations in ADS perception sensor coverage. You may also include a description of external sensors/communications, if applicable (e.g., V2I, V2X).
- A discussion of how the software or hardware of the vehicles will be updated during their operational life. Consider describing what safety or change control processes are in place for updating system components such as maps, ADS software, and ADS hardware.
- A description of the ADS’ response competencies related to law enforcement interactions, construction, and other traffic control interactions, both temporary and permanent.
- Descriptions of the ADS’ current and planned competency in emergency scenarios, including:
- Crash detection and response, including adequacy of minimal risk conditions depending on crash scenario and crash partner (e.g., vehicle type, vulnerable road user).
- The designed/intended maneuvers and/or other responses to achieve a stable stopped condition – i.e., a minimal/mitigated risk condition (MRC) – or takeover following a crash, system failure, ODD exit, or other scenario requiring an appropriate disengagement or other intervention.
- Planned operational steps following achievement of an MRC (including interactions requiring remote assistance).
- ADS and vehicle interactions with first responders, including ability of first responders to move the vehicle.
- A summary of how applicable traffic safety laws are identified (including both initially and during operation), how an ADS’ compliance with traffic safety laws is monitored, and any conditions under which the ADS may allow the vehicle to violate traffic laws.
- A description of any system fallback strategies or designs (e.g., minimal risk conditions), as well as any protocols for their execution or activation.
- An overview of vehicle features or operational processes that are in place to facilitate safe and predictable interactions with members of the public, including communication strategies to convey information to non-operator occupants and other road users as well as measures to promote the predictability of the ADS’ behavior.
- If an applicant’s vehicle will be operated by an ADS developed by another entity:
- Identify the ADS developer and the nature of the relationship with the applicant.
- Provide information described above.
- Provide a detailed description of the manner in which the applicant is able to assure the safety and competency of the ADS.
Operational Information
- A detailed description of how the vehicles will be used, including proposed deployment use cases and associated geographic locations, road types, maximum posted speed limits, operating times, whether fares, freight charges, or delivery fees will be collected, etc.
- A detailed description of your first planned operations involving the vehicles. This may include, but is not limited to, maps or aerial views of all areas, locations, travel pathways, and/or routes. Roads, starting points, stops along routes, and other relevant points of interest should be clearly labeled, as applicable (.kmz and Google Earth files are preferred).
- Identification of the entities that will be responsible for ongoing maintenance, repairs, and calibration of the ADS and its components.
- A description of your efforts to interface with State, local, and tribal governments, especially efforts to obtain required authorizations to operate the vehicle in automated mode on public roads. Consider describing any required authorizations not yet obtained or whether local or State government authorization is not required. Provide copies of law enforcement interaction plans, if available.
- A description of the roles and responsibilities of each user, whether in-vehicle or remote. This may include a driver, passenger, DDT fallback-ready user, driverless operation dispatcher, remote assistant, and/or fallback test driver. For each type of user, consider including the following:
- A list and any depictions of controls and displays available to the user
- Whether the user is able to take immediate control of the vehicle should the need arise. If so, consider describing this process, including how the ADS is engaged/disengaged, as well as what controls are available during manual operation
- A list and description of any predetermined situations where the user will assume control or provide input to the vehicle’s operation, including remote assistance and remote driving
- If the applicant will employ the user or intends to partner with a 3rd party employing the user, a description of training and assessment programs, oversight and monitoring plans, staffing levels (e.g., ratio of on-duty remote assistants to number of operating vehicles), pre-trip checklists, incident response protocols, and any other management, technical, and/or operational plans describing how the vehicles will be monitored and supported during on-road operations
- A description of other data intended to be collected during on-road operations to monitor the safety and performance of the vehicle, the analysis and reporting of such data, and how it will be used to affect operations.
- The terms operational design domain (ODD), dynamic driving task (DDT), user, driver, passenger, DDT fallback-ready user, driverless operation dispatcher, remote driving, remote assistance, and minimal risk condition (MRC) are used as defined in SAE International (SAE) J3016, “Taxonomy and Definitions for Terms Related to On-Road Motor Vehicle Automated Driving Systems,” April 2021.
- The terms fallback test driver, in-vehicle fallback test driver (IFTD) and remote fallback test driver (RFTD) are used as defined in SAE International (SAE) J3018, “Safety-Relevant Guidance for On-Road Testing of Prototype Automated Driving System (ADS)-Operated Vehicles,” December, 2020.
- AVSC00002202004, AVSC Best Practice for Describing an Operational Design Domain: Conceptual Framework and Lexicon, 2020
- AVSC00007202107, AVSC Information Report for Adapting a Safety Management System (SMS) for Automated Driving System (ADS) SAE Level 4 and 5 Testing and Evaluation, 2021
AVSC-D-02-2024, AVSC Best Practice for Core Automated Vehicle Safety Information, 2024 - ISO 34503 - Road vehicles - Test scenarios for automated driving systems - Taxonomy for operational design domain
- BSI PAS 1883 British Standards Institute - Operational Design Domain (ODD) Taxonomy for an Automated Driving System (ADS)
- ISO 9001:2015, Quality management systems — Requirements
- UL 4600:2023, Underwriters Laboratories (UL) - Standard for Safety Evaluation of Autonomous Products - Third Edition
- ISO 21448:2022, Road vehicles – Safety of the intended functionality
- MIL-STD-882E, Standard Practice System Safety
- ISO 26262:2018, Road vehicles – Functional safety
Last updated July 30, 2026