A policy trend has emerged that is bringing red and blue states together–ones as politically different as California and Texas and Florida and Colorado. Across the U.S., state legislatures and governors are putting in place laws to support the advancement of autonomous vehicles (AVs). This is great news for Americans, as AVs deliver safer roads, expand accessibility options for people with disabilities, and ease supply chain challenges that are holding back farmers, manufacturers, and small business owners.
State policymakers are seizing the opportunity of AVs and continue to support regulatory frameworks that promote safety and innovation. In April, Kentucky became the twenty-fifth state in our union to have an AV deployment statute. It is a milestone worth celebrating that the United States now welcomes autonomous vehicles in one half of its states, with others possibly joining soon. That is 193 million Americans, representing 56% of the population.
These state statutes provide a policy roadmap for autonomous trucks to travel interstate from Arizona to Florida and from Texas to North Dakota. Robotaxis, zero occupancy delivery vehicles, and autonomous shuttles can service major population centers like Atlanta, Austin, Dallas, Denver, Las Vegas, Miami, Philadelphia, and Phoenix.
Fortunately, the twenty-five AV statutes have many common features, which helps avoid a patchwork quilt problem that would stymie vehicle roll out and ultimately interstate travel and commerce. These laws recognize that while the federal government has authority over vehicle design, performance, and construction, states also have an essential role to address in legislation.
AV statutes generally take action in several key areas. The laws authorize autonomous vehicles - commonly referred to as Level 4 or 5 Autonomous Driving System (ADS) – to travel on the roads of the state. They also contain several safety enhancing elements, such as a requirement that for an AV to be lawfully on the road the vehicle must be able to achieve what is called a “minimum risk condition,” a technology feature that allows the vehicle to safely take itself out of commission in the event of a problem. In addition, state AV statutes appropriately specify that an AV must be capable of complying with all applicable traffic and motor vehicle safety laws of the state. The laws require that proof of financial responsibility for the AV must be submitted to the appropriate state agency and that the vehicle must be properly registered and titled in the state.
Strong coordination with law enforcement is essential to the deployment of AVs, which is why state AV statutes require a Law Enforcement Interaction Plan, or LEIP, prior to operating an AV on public roads. Our organization, the Autonomous Vehicle Industry Association, recently articulated the importance of law enforcement and first responder engagement in our newly released TRUST Principles. State AV laws often specify necessary information to include in an LEIP, such as how to communicate with a fleet support specialist; safely remove the AV from the roadway; and recognize the vehicle is in autonomous mode.
Against this background of robust state action, it is essential that the federal government also take action in its lane of authority. AVIA has released its “Federal Policy Framework for Our AV Future” which lays out concrete measures that Congress and the U.S. Department of Transportation should take action to support the safe deployment of AVs. States have taken decisive action in recent years to support AV advancement, and federal leadership is needed in this space. For example, the National Highway Traffic Safety Administration (NHTSA) should move forward with its AV STEP program to help facilitate the deployment of next-generation vehicles that re-imagine what transportation and safety will look like in America.
Furthermore, the Federal Motor Carrier Safety Administration (FMCSA) should advance a common sense proposal for autonomous trucks to use cab-mounted warning beacons that are equally or more effective in enabling road users to detect, recognize, and react to the hazard presented by a truck parked on the roadway. FMCSA has the information it needs to support AV trucking and help ease supply chain and safety challenges - it must take action.
More and more Americans are able to experience the incredible innovation of autonomous vehicles. Americans need policymakers at the federal and state level to support the industry with sound policy that supports the growth and safety of life-saving AVs.
Jeff Farrah is the Chief Executive Officer of the Autonomous Vehicle Industry Association.
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