What Are 'Defeat Devices' And Why Are They Banned?

We've all seen distracted drivers on the road playing on their smartphones. According to data from the National Highway Traffic Safety Administration (NHTSA), in 2023, over 3,200 people were killed in car crashes involving distracted drivers, and almost 325,000 were injured. In this age of vehicles with advanced driver-assistance systems (ADAS), it may be a surprise that these numbers are so high. However, some people are determined to bypass these systems using what are known as defeat devices.

Defeat devices are items used to trick a vehicle's ADAS. Cars with driver-assistance technology like adaptive cruise control with lane centering typically will also have what's known as driver monitoring systems. These are in place to make sure the driver is actually paying attention, using cameras and pressure-sensitive steering wheels. However, defeat devices are meant to fool the system into thinking that you are paying attention when you actually aren't.

These devices go beyond just being a problem with the typical driver who wants to use social media on their way to work. Commercial truck drivers can also use defeat devices to bypass company-mandated monitoring systems. Diesel vehicles, as well, have also used built-in defeat devices to cheat their way into passing emissions tests. Use of many of these devices is illegal, but can be difficult to enforce.

California has signed into law Senate Bill No. 1313 to ban the use of defeat devices with the purpose of bypassing driver monitoring systems. The law specifically says that anyone who uses, sells, buys, manufactures, possesses, or even advertises such a device is breaking the law. This encompasses common defeat devices such as steering wheel weights designed to trick the DMS into thinking your hands are on the wheel, and software manipulation designed to block cameras that ensure you are not asleep while driving.

Truckers are also finding creative ways to get around their DMS, like putting a piece of tape over a camera or placing their phone out of view of the monitoring system. Others are more advanced, including hacking vehicle software and using infrared lights to confuse the system's tracking ability. It's enough to leave you wondering how helpful recent leaps in autonomous AI trucking technology really are. 

Banned defeat devices have also seen use in helping diesel-powered vehicles cheat to pass mandated emission tests. These devices are able to sense when the car is undergoing a test, so that it can turn the emissions controls system on and comply with standards. When the test is done, the device stops working and the system gets shut off. Data from the Centre for Research on Energy and Clean Air (CREA) shows that in the UK and Europe, the increased emissions from these efforts will likely cause 205,000 premature deaths and 152,000 new cases of child asthma between the years 2009 and 2040.

Proving a car crash was caused by a distracted driver using a banned defeat device can be difficult without witnesses, camera footage, or a driver confession, as devices like steering wheel weights are inherently difficult to detect at a glance. However, if caught using such a device, California will classify the violation as an infraction.

Truck drivers using defeat devices can be caught through fast-acting digital forensics. When it comes to defeat devices being used to dodge emissions regulations, one such notable event was the Dieselgate scandal that left Volkswagen pleading guilty to using diesel-cheating technology.  However, it remains a struggle today to prove if a diesel car is cheating on its emission tests.

This may be a bit disheartening, particularly if you've ever lost someone to the negligence of a distracted driver. And some may also question the point of buying and installing illegal devices just to send texts while driving. Hopefully, with more legal action and tech like traffic cameras that can spot drivers texting, these defeat devices will become a thing of the past.