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.
For additional guidance on public policy/federal regulatory concerns in the AV space, please contact Matt Duff, Associate Director of the Howard Baker Forum.