The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently published “guidelines” which govern autonomous vehicle (AV) technology. However, the guidelines fall short of federal regulation of AVs. In her Daily Journal article “AVs Speed Past State and Federal Law,” Attorney Patice Gore discusses the three most common AV regulations: passive, permissible and operational testing.
Passive regulations of AVs include states gathering more information about the overall safety of the cutting-edge technology. Some states, such as Utah, conduct research into the safety and efficiency of the cars, but do not prohibit nor permit the use of AVs. Other states take more of an active approach with permissible testing regulations. North Dakota, Tennessee, Florida, California, Nevada and Michigan specifically authorized AV testing on public roadways.
Gore highlights California’s more active regulatory approach of permissible testing. The state requires manufacturers to file “disengagement” reports and notify state regulators of the number of times an AV tested on California roadways disengages the autonomous technology during its use. California law also requires manufacturers to report collisions involving AVs, which are made available to the public through the California DMV website. Operational regulation is by far the most involved regulation; the AV must meet certain safety conditions regarding the engagement and disengagement of the autonomous technology. Specifically, the AV must have an alert, visible from the cabin, which indicates that the autonomous technology is engaged.
Originally published in the Daily Journal.
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