Products Liability Law Daily Wrap Up, NOTICES—REPORTS AND STUDIES—NHTSA seeks comment on Driver Monitoring System study, (Aug 15, 2025)

By WK Editorial Staff

The study will help the agency develop strategies to ensure drivers are actively engaged while using Level 2 driving automation.

The National Highway Traffic Safety Administration (NHTSA) is inviting public comments on a proposed new information collection titled "Driver Monitoring System (DMS) in SAE L2 Driver Support Systems." The agency plans to request approval from the Office of Management and Budget (OMB) to conduct a one-time research study. Interested parties must submit their comments by October 6, 2025 (NHTSA Notice and request for comments, 90 Fed. Reg. 37618 (Aug. 5, 2025)).

Description. The proposed information collection involves two main components: focus groups and on-road driving studies. The study will involve up to 264 licensed drivers from Phoenix, Arizona, and across the U.S., aged 18 and above. The focus groups will explore participants' opinions on DMS features, while the on-road driving segment will collect naturalistic driving data using DMS-equipped vehicles to assess drivers' engagement and behavior when using Level 2 (L2) automation systems.

Purpose. The study is designed to evaluate the effectiveness of DMS in ensuring driver engagement with semi-automated driving systems. By analyzing both focus group feedback and on-road behavior, NHTSA intends to gather insights into how well DMS can detect and mitigate issues of driver disengagement, which poses significant safety risks. The findings will help inform potential enhancements in DMS technology to improve safety and effectiveness in L2 automated vehicles.

Burden estimates. The total estimated burden for the study amounts to 946 hours over three years, with 461 hours allocated to focus groups and 485 hours to the on-road driving study. This includes time for screening participants, obtaining informed consent, conducting focus groups, and completing various on-road driving tasks. The opportunity cost to participants, based on average hourly earnings in Arizona, is estimated at approximately $9,540.46 annually. However, there is no direct cost to participants as NHTSA estimates the annual burden cost to be $0.

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