Bill would require FMCSA to grant autonomous trucks exemptions from ‘human-specific requirements’ like hours-of-service rules
A California lawmaker has introduced “landmark” legislation that would establish a “federal framework” over states that restrict driverless trucks and update federal regulations to exempt fully automated trucks from “human-specific requirements” like hours-of-service rules.
This week, California Rep. Vince Fong introduced the Autonomous Mobility Ensuring Regulation, Innovation, Commerce, and Advancement Driving Reliability in Vehicle Efficiency and Safety Act (AMERICA DRIVES Act).
The bill seeks to advance America’s autonomous trucking industry by taking the following actions:
- Establishing a federal framework over state laws requiring human drivers in commercial vehicles with Level 4 or 5 Automated Driving Systems (ADS), update federal definitions to include ADS-equipped vehicles, align ADS levels with Society of Automotive Engineers (SAE) International standards, and authorizes interstate testing and operation of fully automated trucks without human or remote drivers onboard.
- Codifying the Federal Motor Carrier Safety Administration’s (FMCSA) 2018 interpretation that federal safety regulations don’t require a human driver, directs FMCSA to update rules by 2027 for ADS-equipped vehicles, exempt fully autonomous trucks from human-specific requirements (e.g., hours of service, drug testing), defines “remote driver” and “remote assistance” per SAE International standards, and prohibit regulations that uniquely burden ADS vehicles.
- Codifying that a flashing, cab-mounted warning beacon may be used instead of warning triangles for disabled commercial vehicles, aligning with a 2023 FMCSA exemption request.
A news release that announced the bill said that the legislation is needed due to the “truck driver shortage” and varying state laws restricting autonomous trucking:
“Currently, 35 states allow some form of autonomous truck testing or deployment, while others have imposed restrictive or conflicting regulations. Exacerbating the patchwork of state laws surrounding AV trucking that create uncertainty for interstate commerce is the ongoing need for truck drivers. The current driver shortage is anticipated to double from 80,000 drivers in 2021 to over 160,000 by 2030. The AMERICA DRIVES Act aims to end this regulatory fragmentation and address the driver shortage. By aligning federal regulations with the unique capabilities of automated driving systems, Congressman Fong’s bill jumpstarts the effort to establish clear national safety and performance standards, especially for commercial use, and define the roles and responsibilities of federal and state governments to avoid overlap and confusion.”
“While Europe and China are rapidly integrating autonomous trucks into their supply chains, America is asleep at the wheel, hamstrung by a confusing patchwork of state regulations that threaten public safety, innovation, and economic growth,” said Fong. “By establishing a federal framework for autonomous trucks and empowering the Department of Transportation to set practical regulations, we can safely scale this emerging technology nationwide. The AMERICA DRIVES Act provides a clear path for adoption across state lines, helping support supply chain efficiency, strengthen domestic commerce, and ensure the United States remains unbeatable in the global marketplace. It’s time to seize the opportunity to chart a safe, innovative path forward for American transportation. I urge my colleagues on both sides of the aisle to join me in this effort so we can deliver results for the future of freight.”
“The Chamber applauds Congressman Fong’s legislation to prioritize U.S. leadership in advancing autonomous vehicles,” said John Drake, Vice President, Transportation, Infrastructure, and Supply Chain Policy, U.S. Chamber of Commerce. “AV technologies promise significant benefits for many Americans – but the lack of federal action in recent years is undermining our global leadership. This legislation advances several commonsense actions that will help advance the promise of AVs – while putting American businesses in a stronger position to compete.”