NHTSA issues safety exemption for Zoox driverless vehicles

Published on August 7, 2025

The National Highway Traffic Safety Administration (NHTSA) announced Wednesday that it has issued an exemption for Zoox driverless vehicles under its newly expanded Automated Vehicle Exemption Program.

A NHTSA press release describes he expanded AVEP program as “successfully promoting U.S. technology and safety through simpler, faster exemption procedures that allow companies to operate noncompliant vehicles on U.S. roads.”

NHTSA touts the Zoox exemption as the first for American-built vehicles under the program.

The AV Framework has three principles, according to NHTSA:

    • “Prioritize the safety of ongoing AV operations on public roads;
    • “Unleash innovation by removing unnecessary regulatory barriers; and
    • “Enable commercial deployment of AVs to enhance safety and mobility for the American public.”

Transportation Secretary Sean P. Duffy has made safely growing America’s autonomous vehicle capabilities a key part of his Innovation Agenda, according to the release.

In April, NHTSA expanded its Automated Vehicle Exemption Program to include domestically produced vehicles as part of its AV Framework. Previously, only foreign AVs were eligible.

“This is a win-win for safety and innovation,” said Duffy in the release. “Under the leadership of President Trump, U.S. companies like Zoox have a process to create and test their latest technologies. America, not China, can and will drive the future of self-driving cars forward.”

As a condition of the exemption, Zoox will remove or cover all statements that its purpose-built vehicles comply with applicable Federal Motor Vehicle Safety Standards, the release says.

NHTSA is also concurrently closing its investigation into Zoox’s self-certification of its purpose-built AVs.

NHTSA’s Office of Defects Investigation (ODI) was looking into the process and technical data on which Zoox relied when certifying its vehicles, as well as related issues, according to a summary from ODI.

“Zoox was an outlier in the industry, having self-certified these vehicles rather than seeking an available exemption,” the ODI document states. “Publicly available materials depicting Zoox’s vehicles suggested that they may not be compliant with certain FMVSS… In December 2024, NHTSA issued Zoox an inspection report documenting its findings, which included multiple apparent noncompliances with applicable FMVSS.”

NHTSA launched an investigation of Zoox in 2024 regarding rear-end collision safety concerns caused by unexpected braking.

A May 10, 2024, NHTSA document states that ODI received reports of two incidents involving Zoox vehicles that braked suddenly, each causing a motorcyclist to rear-end the AVs. Minor injuries were reported, according to the ODI.

Both collisions involved a Toyota Highlander equipped with Zoox Automated Driving System (ADS).

On March 13, 2025, Zoox filed a safety recall (NHTSA Recall No. 25E019) stating that in specific circumstances, “the Zoox ADS software may have reacted over-cautiously and braked unnecessarily hard” and that “the Zoox ADS software may have incorrectly anticipated a collision and braked unnecessarily hard.”

NHTSA states that, “These behaviors could lead to increased risk of a rear-end collision caused by unnecessary hard braking. The Zoox recall report indicated that Zoox’s ADS has been remedied through a software update that addresses the described defects. As of Nov. 7, 2024, the updated software was released to all impacted Zoox vehicles.

ODI later closed its investigation due to the recall made by Zoox and ODI’s data analysis, which included data from Zoox showing a resolution after the software update.

In June 2025, Zoox requested an exemption, which ODI says NHTSA carefully evaluated and granted on Aug. 4.

“Thanks to the expanded AVEP, transportation innovators can be confident in getting speedy review of their vehicles and, as appropriate, exemption from Federal Motor Vehicle Safety Standards,” said NHTSA Chief Counsel Peter Simshauser in the release. “We look forward to continuing our work to ensure these exciting technologies are tested safely on our roads.”

Images

Featured image: A Zoox AV in operation. (Provided by Zoox)