Autonomous Vehicles Need Rules of the Road

Congress will not do much this year that will address the core issues America needs to tackle, like inflation and a sputtering economy, but they can handle some important issues that have bipartisan support. One is establishing rules of the road for autonomous vehicles (AVs), so that our nation can have standards that will allow a domestic market to thrive. Right now, China is way ahead of us in this growing market space.

Right now, the idea of AVs can be scary, because it is an unknown. Yet, other nations are doubling down on the technology to beat the United States to the deployment of these cutting-edge cars and trucks. Our economy needs some help and a regulatory framework that unlocks innovation and allows U.S. roads and highways to have some certainty will put America on par with other nations innovating in this space. In the past, American free markets and entrepreneurship have been reward – and the future should be no different.

On July 26, 2023, the House Commerce Committee’s Subcommittee on Subcommittee on Innovation, Data, and Commerce is holding a hearing on solutions to secure American leadership in self-driving vehicle technology. Reps. Cathy McMorris Rodgers (R-WA) and Gus Bilirakis (R-FL) recently noted that “self-driving cars have the potential to transform people’s lives – from reducing traffic deaths and enhancing the mobility of senior citizens and people living with disabilities, to securing thousands of American jobs driven by American-led technology and innovation.” The hearing will center on two pieces of legislation looking to establish some reasonable rules that will empower American innovation.

This legislative push seems like one that may make it across the finish line. One piece of legislation, the SELF DRIVE Act, will address cybersecurity issues with automated driving systems, because our cars today gather up a massive amount of data that needs to be protected. New vehicle standards will need to be in place for highly automated vehicles, and the bill will encourage more testing and deployment of AVs.

In the area of AVs, it does appear that there is a need for some rules to be laid down or the self-diving car market in the United States will end up being outsourced to China. A second piece of legislation being considered by the committee is a bill to update safety standards and regulations for self-driving cars. With the unique challenges faced by AVs, a wholesale rewrite of standards and regulations is addressing technology that was not even thinkable when current safety standards were written into law.

Most of what Congress is going to do the remainder of the year will be controversial. We have seen a battle break out over the National Defense Authorization Act (NDAA) and expect a major fight over appropriations going into the fall. There is already talk of a potential government shutdown if Congress can’t figure out an end game. The AV debate should not be all that controversial.

There are studies that demonstrate the major potential economic and other benefits of AVs. Most recently, the U.S. Chamber of Commerce released a report on July 19, 2023, titled “Innovation Highway: Unlocking the Social and Economic Benefits of Autonomous Vehicles,” in which the authors conclude that AVs “offer immense promise to reduce accidents, enhance mobility options for disadvantaged populations, and deliver substantial economic benefits.” The study argues for a national regulatory framework to restore American leadership in this space “while cautioning about strong competition from state-subsidized Chinese manufacturers and other foreign rivals.”

The bottom line is that American innovation can be beaten by a subsidized industry if we don’t get something done soon.

Government should do as little as possible to hinder American innovation and free markets. Sometimes, and very infrequently, the federal government can pass a new law that serves the purpose of allowing for more innovation and economic expansion. Legislation that establishes some rules for AVs might just be one of those instances if they can get it right.

Brian Darling is former Counsel to Sen. Rand Paul (R-KY).