Five Stars for ADAS (European Edition)

A few weeks back we wrote about NHTSA’s request for comments on proposed changes to its New Car Assessment Program (NCAP), including certain changes to account for emerging ADAS technologies. As we reviewed some of the more than 4,000 comments NHTSA received in response, we couldn’t help but note the number of commenters who urge NHTSA to adopt testing and performance standards from the European New Car Assessment Program, or “Euro NCAP.” For example, in its response, Tesla encouraged NHTSA to “harmonize” with Euro NCAP, writing:

This harmonization with and improvement on existing vehicle safety ratings programs will significantly assist the Agency in effectively and efficiently achieving the goal of the proposed updates to NCAP – to “encourage consumers to choose safety technologies that could prevent risky behaviors from occurring in the first place” and to “increase the stringency of the tests for currently recommended ADAS technologies in NCAP for enhanced evaluation of their current capabilities.” Euro NCAP continuously reviews and fine tunes its ratings program to ensure that the program rewards vehicle manufacturers who prioritize safety technologies that have real world impact on motor vehicle safety. Adopting these protocols for NCAP will allow NHTSA to establish a strong baseline for assessing ADAS technology and occupant protection by taking advantage of established protocols to educate consumers in the United States.

Additionally, by harmonizing test protocols with other safety ratings and consumer information programs to the extent possible, NTHSA would encourage vehicle manufacturers and first-tier suppliers to expeditiously bring these technologies to the United States market. Reducing variations in performance measurements across different safety ratings and consumer information programs would minimize safety system development, validation and implementation timelines.

Tesla’s complete response can be found here. Other notable commenters advocating for harmonization with Euro NCAP include Intel (Mobileye); Advocates for Highway and Auto Safety and Consumer Federation of America; and Consumer Reports.

What is Euro NCAP?

Although many of these recent comments suggest (or, as in the case of Consumer Reports, expressly state*) that Euro NCAP is more advanced than the U.S. version, Euro NCAP is a relatively new program. Euro NCAP was established in November 1996, nearly twenty years after NHTSA established its NCAP. The organization grew out of the UK Department of Transport’s program, with the Swedish National Road Administration (SNRA), the Federation Internationale de l’Automobile (FIA), and International Testing joining as its first official members outside of the UK. Euro NCAP’s first crash test results were released in 1997, with the Volvo S40 becoming the first car to receive 4 stars under the program.

Euro NCAP was poorly received by manufacturers at the outset, who perceived the assessment criteria as too stringent. Nonetheless, Euro NCAP quickly expanded its membership, and gained traction as the safety benefits of the program became apparent. The first 5-star rating was awarded in June 2001 to the Renault Laguna, and the Euro NCAP website explains that “since 2001, standards have risen so that it is more common to achieve this rating and increasingly manufacturers see five stars in adult occupant protection as the goal for all their new models.”

Euro NCAP expanded to include its first ADAS features in 2014 when it added AEB and Lane Keep Assist/Lane Departure Systems to its overall safety rating (AEB was added to U.S. NCAP in 2018). It began testing autonomous systems in 2018 and introduced a “structured scoring and grading system” for assisted driving systems in 2020. Under the scoring system, cars with ADAS technologies are given an “assistance competence score” based on driver engagement and vehicle assistance metrics, and a “safety backup” score based on system failure, unresponsive driver intervention, and collision avoidance metrics. For example, Euro NCAP rates the 2022 VW ID.5 Travel Assist as “very good” while the 2022 Jaguar I-Pace Adaptive Cruise with Steering Assist (InControl) is rated only “entry.”

By comparison, NHTSA only indicates generally on its website whether certain ADAS features are recommended and whether certain makes and models include those technologies. NHTSA’s rating page for the 2022 VW ID.4 displays the following, much more limited information:

Euro NCAP currently counts fifteen governmental institutions and private institutions among its membership:

-          ADAC

-          The German Federal Ministry of Transport and Digital Infrastructure

-          The UK Department for Transport

-          The Dutch Ministry of Infrastructure and Water Management

-          The Luxembourg Ministry of the Economy

-          Government of Catalonia

-          International Consumer Research & Testing

-          Federation Internationale de l’Automobile (Region 1 – Europe, the Middle East, Africa)

-          The Swedish Transport Administration

-          Thatcham Research

-          French Ministry of Ecological Transition and Territorial Cohesion/Ministry of Energy Transition

-          Automobile Club d'Italia

-          DEKRA Automobil

-          Unfallforschung der Versicherer

-          The Ministry for Climate Action (BMK) of Austria

* According to the Consumer Reports comment: “While the U.S. NCAP was once the world leader in providing the most up-to-date consumer information, Euro NCAP has since surpassed the U.S. program by more effectively remaining up-to-date with advances in vehicle technologies and appropriate testing scenarios, including through the use of a clear and comprehensive roadmap.”

Copyright Nelson Niehaus LLC

The opinions expressed in this blog are those of the author(s) and do not necessarily reflect the views of the Firm, its clients, or any of its or their respective affiliates. This blog post is for general information purposes and is not intended to be and should not be taken as legal advice.

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