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UPDATE: Autonomous Trucking Faces Preemptive Bill in California

By Chan Creswell and Walker Boothe
May 22, 2023
  • Autonomous Vehicles
  • General
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California Assembly Bill 316, prohibiting autonomous vehicles that weigh over 10,000 pounds without a human driver, passed the California state assembly and will head to the California Senate. The Autonomous Vehicle Industry Association, which includes Uber, Ford, and Waymo, argue that AI will drive more effectively than human drivers. On the other side of the issue, the California teamsters continue to say that the road is an unpredictable place and you need a human driver behind the wheel. The California Senate is expected to take up the issue soon. Legislators seem somewhat divided on the issue.

California has a long history of supporting autonomous vehicle (AV) development and contains some of the nation’s most important ports – a key testing ground for autonomous trucking technology. The bill, authored by Assemblymembers Aguiar-Curry (D-Winters) and Friedman (D-Glendale) is gaining momentum, but lawmakers should ensure that any legislation they pass is amended to allow autonomous trucks to eventually operate in their state.

Proponents of the measure are accusing autonomous trucks of strictly being a cost-saving strategy. Labor Unions argue that the AV industry would eliminate the need for truck drivers, creating catastrophic job losses. Assemblymember Aguiar-Curry argued that autonomous trucking would cost the US as many as 400,000 good-paying jobs.

However, as the trucking industry continues to work through a historic driver shortage, AV advocates point out that technology could work with drivers to create a better work environment and increase logistical efficiency. Eric Tanenblatt, Dentons’ Global Chair of Public Policy and Regulation and Co-leader of the firm’s global autonomous vehicle practice, told Law360, “Autonomous technology holds great societal promise but proposals such as AB 316 run the risk of stifling development.” Last year, the Silicon Valley Leadership Group (SVLG) estimated that an autonomous trucking industry could cause California’s economy to grow by as much as $6.5 billion. Instead of creating massive driver layoffs, the SVLG estimated the industry would actually add 2,400 jobs to the state’s labor pool. In 2021, the US Department of Transportation found that level 4 and 5 long-haul autonomous trucks would create 26,000 to 35,000 jobs across the US.

AB 316 could be consequential for California’s AV industry and the country. “Due to California’s role as a major hub for autonomous technology, this proposal, if adopted could have an outsized influence on the industry. By prohibiting self-driving trucks outright, California could restrict the full potential of this technology in a state that is often seen as a leader in this space,” says Tanenblatt.

Autonomous trucking could revolutionize the logistics industry and increase efficiency by leaps and bounds. Instead of following driver regulations, autonomous trucks could operate long hauls for hours without worrying about a decline in driver awareness and safety. Meanwhile, truck drivers could work first and last-mile deliveries which are a more difficult task for autonomous vehicles to complete while still maintaining their employment and remaining close to the communities they call home. With a complex ecosystem of autonomous haulers and truck drivers, companies could deliver products quickly and efficiently without sacrificing quality or employment.

Since there is no federal framework for Avs, developers face a patchwork of state laws and regulations. This system could limit the industry’s growth and cause complex legal issues due to variability between state statutes. For instance, autonomous trucking could be legal in one state but face new requirements at another state’s border, causing the shipment to face delays and frustrations. Tanenblatt notes, “A.B.316 demonstrates the need for more comprehensive frameworks and approaches, and reflects the struggle that states are having on how best to craft accurate regulations for driverless technology in the absence of federal framework.”

The Driverless Commute will continue to follow this story closely as it has major ramifications for the future of autonomous freight. For more information, subscribe to the Driverless Commute for more.

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Chan Creswell

About Chan Creswell

Chan Creswell is a Senior Public Policy Analyst in the Atlanta office.

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Walker Boothe

About Walker Boothe

Walker Boothe is an associate managing director in Dentons’ Public Policy and Regulation practice.

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