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Congress Renewed Efforts on Autonomous Vehicles Legislation

By Eric Tanenblatt and Walker Boothe
August 1, 2023
  • Autonomous Vehicles
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In recent years, autonomous vehicles have emerged as one of the most transformative technologies in the transportation industry. The promise of safer roads, reduced traffic congestion, and enhanced mobility for all has captivated the imagination of policymakers, technology companies, and the public alike. However, the rapid advancement of autonomous vehicle technology has also raised complex legal and regulatory challenges that must be addressed to unlock its full potential. Recognizing that some countries have surpassed us, Congress has renewed its efforts to craft a comprehensive legislation that strikes a balance between innovation and safety.

As with any new technology, there are a lot of unforeseen setbacks you must endure before you get the public on board. Autonomous vehicles are no exception. The difference, however, is this technology is changing the future of one of the world’s biggest industries – transportation. There is already a massive amount of competition in this space, but it is not just companies competing, entire countries are trying to be the leader in this space. This “fight for the top” is motivating Congress to push forward with a new mindset on the future of transportation. House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) said in a joint statement that, “Inaction over the past two Congresses has put America at risk of ceding leadership in this industry.”

Senate Majority Leader Chuck Schumer (D-NY) introduced framework that builds on his April announcement, that the Senate is developing Federal regulations for AI. The “SAFE Innovation framework” is built on Sen. Schumer’s five principles on AI regulation: security, accountability, The Energy and Commerce foundations, explain, and innovation. He says, “Innovation must be our North Star… If people think AI innovation is not done safely, if there are not adequate guardrails in place… that will stifle or even halt innovation all together.” Another Senator working on AI legislation is Sen. Gary Peters (D-MI). He introduced the AI LEAD Act which focuses on the Federal Government setting rules for AI training, transparency and how agencies buy AI-driven systems. These bills are important to note as it could give autonomous vehicle advocates a different avenue to put forth legislation.

The Innovation, Data, and Commerce Subcommittee had a hearing on two drafted autonomous vehicle bills on Wednesday. The SELF DRIVE Act or Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act has been drafted by Rep. Bob Latta (R-OH). This bill would, “ensure continued United States leadership in the global automotive and autonomous driving sector by creating rules and regulations as it relates to design, construction, and performance of highly automated vehicles and by encouraging the testing and deployment of such vehicles.” Rep. Latta is focused on Federal legislation as he recognizes that we cannot have 50 different laws regarding how an autonomous vehicle is allowed to operate. The other bill mentioned in the hearing was drafted by Rep. Debbie Dingell (D-MI). This bill pushes for, “Updated new motor vehicles safety standards and regulations for highly automated vehicles and partially automated vehicles, and for other purposes.” The Transport Workers Union President John Samuelsen praised Dingell’s proposed legislation saying that it, “prioritizes pro-worker technology, holds AV companies accountable for proving their products are truly safe, and makes it clear that commercial AVs will need to live up to the high standards working people have created for safety.” Unions have been some of the toughest critics of autonomous vehicles. California is about to pass ab 316, requiring that any truck weighing over 10,000 pounds must have a human operator. The teamsters are playing a big role in getting this legislation passed, which is why it is important to get Union representatives, such as Samuelsen, to agree on legislation.

There is some opposition coming from other members of the Committee saying that safety is still an issue. Rep. Frank Pallone (D-NJ) pointed to some issues regarding robotaxis in San Francisco and said, “We also cannot simply dust off six-year-old legislation and ignore the substantial issues that have emerged in recent years.” He went on to say, “We can now see these vehicles in action. Troubling safety incidents are mounting, liability loopholes are emerging, workforce impacts are becoming more apparent.”

The Subcommittee is set on coming to an agreement. “We are going to get a compromise, if it kills us,“ Rep. Dingell said. “Compromise is not a dirty word.” The hope from Rep. Latta is that the Committee will work through August and move out of Committee in late September or October.

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Eric Tanenblatt

About Eric Tanenblatt

Eric Tanenblatt is the Global Chair of Public Policy and Regulation of Dentons, the world's largest law firm. He also leads the firm's US Public Policy Practice, leveraging his three decades of experience at the very highest levels of the federal and state governments.

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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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