The Road Ahead for Autonomous Vehicles: Outlook for the 118th Congress and Beyond
Fully autonomous vehicles (AVs) – once considered something from the pages of a science fiction novel – have inched closer to becoming a reality in recent years. Billions of dollars have flooded into the coffers of AV firms such as Baidu, Cruise, and Waymo, suggesting that the private sector has confidence that the technology can be scaled up, commercialized, and profitable. But several policy potholes remain before the AV market can fully take off.
Current Status of Technology
There are six levels of vehicle automation, as outlined by the standards organization SAE International:
Unsurprisingly, companies are protective about the progress of their research, development, and deployment. Many vehicles currently on the road have already reached Level 1 or Level 2 automation, with features such as cruise control coming standard in most new models. Level 3 and Level 4 automation represent a significant technological leap forward, with some companies beginning driverless on-road testing in a handful of U.S. cities – San Francisco, Austin, Miami, etc. Some policy experts forecast that short-haul trucking for retailers – such as from one facility to another – could be on the horizon, but they cite capital and company infrastructures as the biggest barriers. It’s worth noting that even the most bullish of industry experts believe that fully driverless passenger vehicles are at least a decade away, though the technology continues to develop rapidly.
The crashes involving Tesla’s Autopilot system and other highly publicized incidents have dampened public enthusiasm for AVs. According to a recent study by Pew Research, nearly half of Americans would not feel comfortable sharing the road with driverless vehicles if use of them became widespread.
Legislative Outlook
Public skepticism, stakeholder pushback from groups including labor and trial attorneys, and disagreement about issues such as vehicle data have slowed legislative efforts on AVs thus far. The 118th Congress could see that change.
In September, Reps. Debbie Dingell (D-MI) and Bob Latta (R-OH) founded the bipartisan Congressional Autonomous Vehicle Caucus with the aim of “[educating] Members and staff on autonomous vehicle technology that can improve the safety and accessibility of roadways.” At the event announcing the launch of the caucus, both Members spoke optimistically about the possibility of legislation passing through Congress. During other conversations on and around the Hill, autonomous vehicles were cited as an area that was ripe for cooperation in a divided or narrow majority Congress, when partisan issues are more challenging.
Potential starting points for legislation include the SELF DRIVE Act (H.R. 3388) – which was passed by the House but was never taken up by the Senate – and the AV START Act (S. 1885). Both were introduced in the 115th Congress, and neither has gained traction in the years since. The bills share several commonalities:
Preempt states from enforcing their own laws regulating an automated driving system;
Require manufacturers of highly automated vehicles to develop cybersecurity and privacy plans; and
Apply certain safety exemptions and testing standards to highly automated vehicles.
Should any legislation be introduced, the Commerce, Science, and Technology Committee will be in charge of developing language and holding hearings to hear from industry experts in the Senate; it is expected the committee will be led by Sens. Maria Cantwell (D-WA) and Ted Cruz (R-TX) in the next Congress. In the House, several committees have jurisdiction. The House Energy and Commerce Committee – expected to continue to be led by Reps. Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) next year – will lead on the issue. The Committee oversaw the SELF DRIVE Act’s progress in 2017, and both Reps. Dingell and Latta are members of the committee. Additionally, the House Science, Space, and Technology Committee would be involved in any research and development efforts, and the House Transportation and Infrastructure Committee would have oversight over the Department of Transportation. The Transportation, Housing, and Urban Development Subcommittees of the Senate and House Appropriations Committees are in charge of determining funding for the Department of Transportation; they are currently chaired by Sens. Brian Schatz (D-HI) and Susan Collins (R-ME) and Reps. David Price (D-NC) and Mario Diaz-Balart (R-FL). Congressman Price will be retiring at the end of the 117th Congress, so Democratic leadership will move to another Member, likely Rep. Mike Quigley (D-IL).
Regulatory Outlook
The National Highway Traffic Safety Administration (NHTSA) is actively in the process of developing a framework for Automated Driving System safety. Currently, most rules assume human drivers as a constant and specifically reference brake pedals, mirrors, and various other aspects that are found in a standard vehicle. This serves as a barrier to deployment of AVs, as a company would need to acquire a Federal Motor Vehicle Safety Standards (FMVSS) exemption to test their technology on public roads. Many industry experts cite the limited number of exemptions as an obstacle to technological development.
In the absence of federal legislation, the Department of Transportation has issued a series of non-binding guidance documents, with the most recent – the Automated Vehicles Comprehensive Plan – published in January 2021.
Looking Forward
Heading into the 118th Congress, autonomous vehicles are one of a select group of issue areas that could see bipartisan cooperation. Technological advancements and enthusiasm from policymakers have bolstered the chances for activity, and we’ll be following efforts and appetites in 2023.