The Nickel Report

On June 10, 2026, the National Highway Traffic Safety Administration (NHTSA) issued a notice and request for comments^[1] on its intention to request Office of Management and Budget (OMB) approval for a new information collection on contextual Driver Monitoring Systems (DMS). The purpose of this research is to develop and evaluate a prototype contextual DMS that fuses data gathered from various sources (e.g., visual, physical, external, etc.). NHTSA intends to examine the effectiveness of this technology and to assess driver acceptance. This agency action marks NHTSA’s latest step in advancing safety measures and meeting statutory directives. NHTSA is accepting comments until August 10, 2026.

 Background

In 2021, Congress passed the Infrastructure Investment and Jobs Act (IIJA), which directed NHTSA to issue a final rule prescribing a federal motor vehicle safety standard (FMVSS) to require passenger motor vehicles to be equipped with advanced drunk and impaired driving prevention technology.^[2] Despite previous efforts, NHTSA has not yet promulgated such a FMVSS.^[3] This notice and request for rulemaking constitutes NHTSA’s latest effort to meet this statutory directive.

A DMS is a driver-safety technology that combats driver drowsiness and distractions that can occur whenever driving a motor vehicle. A DMS generally features a driver-facing camera integrated into a vehicle’s dashboard that uses LED to “see” a driver’s face and detect whether they are awake and attentive. If the camera system detects an inattentive or tired driver, the DMS will attempt to capture the driver’s attention through audio, visual, and other cues to refocus the driver’s attention on the road.

There are conventional and contextual DMSs. A conventional DMS consists of a model that detects driver distraction by monitoring the direction of the driver’s gaze and the driver’s head pose. A contextual DMS has all the capabilities of conventional DMS but also factors in the driver’s heart rate, vehicle handling, and the driver’s glances towards hazards and other conditions in the driving environment. 

Experimental Research Study

NHTSA’s proposed information collection consists of a single, one-time experimental research study with the goal of examining contextual DMS with respect to safety-critical events and driver response and acceptance. NHTSA intends to recruit 48 participants from the public who are at least 18 years old, possess a valid driver’s license, and drive at least 3000 miles per year, among other requirements.

Accepted participants will complete a series of four drives in a driving simulator using either contextual or conventional DMS. Each of the four ten-minute drives will consist of typical highway driving environments and speed. The first three drives will have one of three safety-relevant events occur at randomized points during the drive. The fourth and final drive will consist of a safety-critical scenario that requires drivers to perform an action, such as braking, to avoid a collision. While driving, participants will also perform a secondary task in which they will be asked to recite number strings displayed on a nearby tablet to assess the DMS’s performance during distracting events.

Assessment of Contextual DMS

The study will gauge participants’ engagement with a contextual DMS and the system’s overall efficacy by requiring participants to complete an acceptance questionnaire after each drive to measure their perception of the DMS’s usefulness, annoyance, predictability, timing, and accuracy. After all drives are completed, researchers will administer a further questionnaire aimed at measuring each participant’s comfort level with being monitored by DMS and their preference for having a DMS in their vehicle. After watching videos comparing conventional and contextual DMSs across different scenarios, participants will complete another questionnaire in which participants rate both types of DMSs on usefulness, annoyance, predictability, timing, and accuracy. Finally, after all videos have been watched, participants will complete a final questionnaire to explain their level of comfort and preference for either conventional or contextual DMS.

Once all questionnaires are complete, participants will engage in a debriefing session with a researcher to discuss the purpose of the study and participant feedback. NHTSA’s total estimated burden is 132 hours. The only projected costs for participants would be costs associated with travel to and from the research location in the Washington, DC area.

This study represents notable progress in the agency’s DMS efforts. Regulated entities should monitor any rulemaking efforts that may result from the study. NHTSA is seeking comments on the practical utility of information gained from the simulator study, the accuracy of NHTSA’s burden estimate, ways to enhance the quality of information collected, ways to minimize the study’s burden on participants, and any other relevant information. Comments must be received by August 10, 2026.

Contact Brian Stansbury at bstansbury@hunton.com or Sadie Mapstone at smapstone@hunton.com with questions about NHTSA’s latest notices or interest in submitting comments.

Brown Simmons is a summer associate at Hunton Andrews Kurth LLP and is not admitted to practice law.

^[1] National Highway Traffic Safety Administration, Agency Information Collection Activities; Notice and Request for Comment; Assessment of Contextual Driver Monitoring Systems (DMS), 91 Fed. Reg. 35,296 (Jun. 10, 2026).

^[2] Infrastructure and Jobs Act, Pub. L. No. 117-58, 135 Stat. 832 (2021).

^[3] See National Highway Traffic Safety Administration (NHTSA), Advanced Impaired Driving Prevention Technology, Advance notice of proposed rulemaking, 89 Fed. Reg. 830 (Jan. 5, 2024).