Issues in Autonomous Vehicle Deployment (CRS Report for Congress)
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| Release Date |
Revised May 17, 2018 |
| Report Number |
R44940 |
| Report Type |
Report |
| Authors |
Canis, Bill |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Legislation recently passed by the House of Representatives—H.R. 3388—and pending in the
Senate—S. 1885—would provide new regulatory tools to the National Highway Traffic Safety
Administration (NHTSA) to oversee autonomous vehicles. Autonomous vehicles are seen as a
way to reduce motor vehicle crashes; for example, there were 37,461 deaths from motor vehicle
crashes in 2016 and nearly all of them were caused by driver error. However, despite unanimous
approval in House and Senate committees and on the House floor, the legislation has proven
controversial in the wake of several high-profile accidents involving autonomous vehicles being
tested on public roads.
At present, no fully autonomous vehicles are available for public use. Many new vehicles have
automated some driver functions, but all require a human to monitor the driving environment and
control the vehicle. However, rapid advances in technology have made it likely that vehicles with
high levels of automation will be on the market within a few years, raising questions about the
adequacy of existing methods of safety oversight.
The federal government and the states share motor vehicle regulation, with the federal
government responsible for vehicle safety and states for driver-related aspects such as licensing
and registration. While NHTSA has the statutory authority to regulate all types of motor vehicles,
its traditional standard-setting process would take many years at a time when vehicle innovation
is changing rapidly; standards envisioned now could be obsolete by the time they took effect. In
the absence of NHTSA regulation of autonomous vehicles, nearly half the states have enacted
laws on different aspects of autonomous vehicle deployment, resulting in a wide variety of state
regulation.
On September 6, 2017, the House of Representatives passed by voice vote H.R. 3388. The
legislation, which incorporates some provisions recommended in 2016 and 2017 U.S. Department
of Transportation (DOT) reports, would preempt state regulation of some aspects of autonomous
vehicle deployment, while providing new regulatory tools to NHTSA. H.R. 3388 would
preempt states from regulating the design of autonomous vehicles, unless those
laws are identical to federal law;
expand NHTSA’s authority to grant exemptions from its standards to encourage
innovation;
require each manufacturer to submit a “safety assessment certification” showing
how it is addressing autonomous vehicle safety;
mandate within one year of enactment a NHTSA report indicating what federal
safety standards must be updated and listing its vehicle safety priorities; and
require manufacturers to publicize their cybersecurity and data privacy plans.
The legislation would also establish an advisory committee, a new regulation for rear-seat
occupant alerts (to reduce infant fatalities), and a review of headlamp standards. On November 8,
2017, the Senate Committee on Commerce, Science, and Transportation reported S. 1885,
legislation that is similar in many respects to the House-passed legislation. Both bills address
state preemption, safety standards, exemption authority, consumer information, cybersecurity, and
privacy, but differ in their details.
