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Congressional Update on AVs

Congress is working in a bipartisan and bicameral fashion to build upon last year’s stalled legislation (SELF DRIVE Act (H.R.3388) and its companion bill, AV START Act (S.1885)). The legislation would establish standards and lay the foundation for a federal framework regulating AVs, making it easier to test AVs on public roads. Despite considerable bipartisan and industry support, AV START never made it to the Senate floor because of holds concerning cybersecurity, data privacy, and arbitration. Notably, the bills last year were silent on arbitration but plaintiff’s lawyers wanted (and still want) language prohibiting pre-dispute arbitration agreements to be included in the bill. Congressional staff has begun drafting additional sections for the revamped legislation, but the past roadblocks keep resurfacing. Passage in this election year is conceivable but far from certain. (more…)

NHTSA Grants FMVSS Exemption to Nuro’s Package Delivery Vehicle R2 – First Self-Driving Vehicle Exemption

This is one of the biggest steps forward in autonomous vehicles we’ve seen yet. Last week, the NHTSA granted an exemption for Nuro‘s second-generation R2 low-speed, driverless, last-mile package delivery vehicle. The R2 was designed to deliver packages in urban areas. The exemptions allows the R2 to operate on public roads without mirrors (exempting the R2 from FMVSS 111), allows for it to have an opaque “windshield” (exempting it from FMVSS 205’s incorporation of ANSI Z26.1-1996 70 percent light transmittance requirement), and for it to be able to operate its rear-view cameras at all times (current regulations make rear-view cameras turn off when the car is moving forward to prevent driver distraction). (more…)