Congress is ready to try again on AV legislation

Congress will soon renew efforts to pass legislation that clears the way for the deployment of tens of thousands of automated vehicles on roads across America.

House and Senate leaders are seeking input from a broad swath of stakeholders to help formulate a self-driving vehicle bill that addresses everything from access for people with disabilities to cybersecurity concerns.

A letter circulated by the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science and Transportation said lawmakers are working on a "bipartisan and bicameral basis" to lay groundwork for a bill. Comments from stakeholders are due to the committees by Aug. 23. Once Congress reconvenes next month, transportation officials and policy analysts say that, despite broad polarization, they expect a "genuine" and "earnest" attempt to make the legislation a priority.

This marks the second attempt to enact legislation that would ostensibly seek to set forth a framework for the regulation of autonomous vehicles and affirm the federal government's role in establishing safety standards. Efforts to do so last year stalled in the Senate after a variety of concerns about that legislation emerged, costing the support of several Democrats.

"There's a real desire to move something successful here that does enable the long-term safe development and deployment of this technology," said Jason Levine, executive director of the Center for Auto Safety. "I wouldn't read the failure at the end of the last Congress as an indication something can't get over the finish line."

Levine and others caution that it's too early to offer much insight on the fledgling efforts because few specifics have emerged. But they know the thorny issues that caused the AV START Act to stall in the Senate last December, and those are perhaps worthwhile starting points for negotiations.

"I think of it like a sporting match," said Greg Rogers, policy analyst at Securing America's Future Energy, a Washington, D.C., nonprofit that advocates for policies that reduce U.S. dependence on foreign oil.

"All the industry players are on the field right now, and NHTSA is playing referee with an old rulebook. We're in a new season. It's five decades after this rulebook is written, and it's on Congress to reflect on and decide how this rulebook might change."

Broadly, the previous legislation sought to preempt state laws governing autonomous-driving operations and offer a cohesive national framework. It further sought to expand the number of exemptions for automakers from Federal Motor Vehicle Safety Standards, potentially paving the way for deployment of thousands of cars that don't have traditional controls such as steering wheels or brake pedals.

Concerns over arbitration clauses, data transparency and safety authority all contributed to the demise of the legislation.

Provisions in the AV START Act would have empowered manufacturers or vehicle operators to settle disputes with consumers arising from crashes or other incidents via arbitration, rather than in court. The clauses, similar to the ones ride-hailing companies use in traditional operations today, brought the objection of the American Association for Justice, a nonprofit advocacy and lobbying organization.

Another provision would have prohibited federal departments and agencies from regulating the "ownership of, control, or access to information or data stored or generated" by automated vehicles until an advisory committee could form and issue a report — a process that would likely take years.

The AV START Act would have required companies to submit reports outlining safety operations and data collection — a step beyond the voluntary reports the Department of Transportation requests today. Yet the legislation would have barred federal departments and agencies from using information from those reports as a basis for limiting testing or commercial sales of AVs.

"There were no teeth in any of it," Levine said. "It was in the ballpark of talking about the right things, but there were no actual mandates, requirements or specifics. … On the safety side, we will continue to say, 'How does the world know they're safe before you're selling them, and what safeguards are in place, what standards are in place, before these roll into showrooms or out in fleets?' "

In the two years since Congress embarked on its first attempt to pass legislation, the landscape has evolved. Democrats have taken control of the House. Leadership of the House and Senate committees involved has changed.

Further, the hype surrounding the technology has faded. An Uber self-driving test vehicle struck and killed a pedestrian in March 2018. More recently, General Motors and Cruise Automation delayed indefinitely plans to launch an autonomous ride-hailing service.

But one leader remains in place. Sen. Gary Peters, D-Mich., co-sponsored the AV START Act and is again spearheading efforts to craft AV legislation.

"It's important we have a federal framework that will safely promote continued development of these life-saving technologies, while updating rules to protect consumers and incentivizing companies to develop and manufacture these vehicles in the U.S.," he said in a statement.