U.S. Legislative News

On September 12, the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) released updated federal guidance for automated driving systems for industry and states that want to deploy self-driving vehicles. According to NHTSA, the new guidelines, "A Vision for Safety 2.0," builds on previous policy and incorporates feedback received through public comments and Congressional hearings.

The guidance reverses course on the previous administration’s call for automakers to submit a safety assessment showing their self-driving cars meet a set of 15 guidelines before they could place the cars on public roads. Instead, the updated guidance says automakers can choose to submit a voluntary safety self-assessment if they want to demonstrate to the public that their self-driving cars are safe.    

Safety 2.0 also clarifies federal and state roles going forward, stating that NHTSA will regulate vehicle safety and equipment, while states will be responsible for drivers and vehicle operation.

Reactions to the new guidance have been mixed. The Alliance of Automobile Manufacturers, which advocates for carmakers, reacted positively to the new proposal, stating that "the guidance provides the right balance, allowing emerging innovations to thrive while the government still keeps a watchful eye over new developments." Consumer watch groups and advocates, including Frank Pallone, Jr. (D-N.J.) and Jan Schakowsky (D-Ill.) called the new guidance a "step backward" and a move that will make roads unsafe.

Companies and consumer groups can expect further changes to the guidelines. Upon release of the proposal, Transportation Secretary Elaine Chao said that DOT and NHTSA are already working on a "3.0" version that will be released in 2018 and offer an even more flexible approach to automated vehicle safety technologies.

The recently released updated federal guidance on autonomous vehicles (AVs) comes on the heels of a bill passed unanimously by the House on September 6 that aims to speed up the development and deployment of self-driving cars. H.R. 3388, the SELF Drive Act, would hand National Highway Traffic and Safety Administration (NHTSA) the power to regulate self-driving car safety and preempt competing rules at the state level. The bill also instructs NHTSA to develop new standards for AVs and would require automakers to draft security and privacy plans, as well as document their approach to ensuring the cars are safe.

Further, H.R. 3388 would allow the Secretary of Transportation to grant exemptions to federal motor vehicle rules that require cars to have human operators. Per the bill, initially, 25,000 cars per automaker could be operated if companies can prove they meet existing safety standards for traditional cars. After a 12-month period, the number of exemptions per manufacturer would increase to 50,000, increasing to 100,000 in the third and fourth years.

Following the passage of the SELF Drive Act in the House, all eyes are now on the Senate, which is currently considering its own legislation to spur the introduction of self-driving vehicles. On September 8, Sens. John Thune (R-N.D.) and Gary Peters (D-Mich.) released a draft bill that largely mirrors the House-passed legislation, with the notable addition of optional language that could extend the measure to include large commercial vehicles. This is at odds with the House bill, which excluded vehicles weighing more than 10,000 pounds after facing pressure from the International Brotherhood of Teamsters, the largest union for U.S. truck drivers. The Teamsters contend that displacing drivers could be unsafe and cost jobs.

On September 13, the Senate Commerce Committee held a hearing to discuss the draft bill, with many lawmakers and stakeholders citing similar concerns over the millions of U.S. jobs that could be lost by autonomous tractor-trailers, buses, and other commercial vehicles. This issue will likely continue as a key flash point for members of Congress pushing to establish the legal and regulatory framework needed for the speedy testing and deployment of autonomous vehicles.