“AMERICA DRIVES” Act Addresses Need for a National Autonomous Vehicle Policy Framework

America’s roadways have become increasingly dangerous in recent years with more than 40,000 people dying in motor vehicle traffic crashes in 2023. This death toll is largely attributable to human error behind the wheel. A major auto safety revolution is needed to decrease roadway deaths and injuries, and autonomous vehicles (AVs) hold the promise of greatly assisting that effort.

Unfortunately, inconsistent and depressive public policies for AVs holds back that potential. While Congress considered AV legislation in previous sessions, a national policy framework never passed due to opposition from various special interests, including trial lawyers and unions. State and local lawmakers filled the gap with a patchwork of inconsistent policies that have held back the widespread deployment of this exciting technology.

Recent legislation introduced by Rep. Vince Fong (R- Calif.) provides a potential path forward for federal AV policy. The Autonomous Mobility Ensuring Regulation, Innovation, Commerce, and Advancement Driving Reliability in Vehicle Efficiency and Safety (AMERICA DRIVES) Act represents a critical step forward in modernizing America’s regulatory framework to accommodate commercial AVs. This legislation addresses the current mismatch between the rapid pace of AV development and the outdated regulatory structures that hold back its potential.

Eliminating Regulatory Barriers to Innovation

The bill’s core provision allows for commercial vehicles equipped with Level 4 and Level 5 automated driving systems (ADS) to operate without human drivers. This removes a significant roadblock to the deployment of AVs, as many current state laws requiring human occupants have created a patchwork of conflicting regulations that are stifling interstate commerce and innovation.

While pushed in the name of road safety, such state regulations threaten to undermine it instead. A recent study from Swiss Reinsurance Co. and other technical labs found that Waymo robotaxis “significantly outperformed … the overall driving population” with an 88 percent drop in property damage claims and a 92 percent drop in bodily injury claims. As an economist observed, this means that current generation AV taxis are 10 times safer than human drivers, and that this rate of safety improvement is doubling roughly every five years.

By establishing a federal framework, the AMERICA DRIVES Act creates the regulatory certainty that will allow technology companies and logistics operators to scale autonomous commercial vehicle operations and drive further roadway safety progress.

This preemption is particularly important given the interstate nature of commercial trucking. A fragmented regulatory landscape where some states require human safety drivers while others don’t creates operational inefficiencies and undermines the economic benefits of autonomous systems. The bill’s approach does not represent federal overreach, as it follows well-established precedent in transportation regulation, where federal standards ensure consistency across state lines.

Technology-Neutral Policy to Overcome “Robophobia”

Another key benefit of the legislation is that it takes a technology-neutral approach to AV regulation by referencing established SAE International J3016 standards for automation levels. Leveraging these standards enables the AMERICA DRIVES Act to evolve at the pace of technological advances in the AV space without requiring repeated legislative updates. By focusing on capability levels rather than specific technologies, the bill allows freedom for continued AV innovations while maintaining clear safety standards.

The bill’s definition of ADS as systems “capable of performing the entire dynamic driving task on a sustained basis” aligns with industry understanding and international standards. This clarity reduces regulatory uncertainty and provides clear guidance for developers and operators. The bill also explicitly requires regulatory parity, demanding that the secretary of transportation “may not issue a regulation that unduly burdens motor carriers operating ADS-equipped vehicles or discriminates against an ADS-equipped vehicle relative to other commercial motor vehicles.” This will ensure all vehicles and technologies are treated on a level legal playing field and avoid a problem scholars call “robophobia”—an irrational bias against robotic and autonomous systems relative to human operators.

Streamlining Outdated Regulations

Section 3 of the bill requires an update of Federal Motor Carrier Safety Administration regulations by 2027 to address the crucial policy challenge of how to adapt human-centric safety regulations for autonomous systems. Requirements for commercial driver’s licenses, hours of service rules, and drug-testing protocols were designed for human operators. For autonomous systems, these requirements create compliance burdens that fail to yield corresponding safety benefits as human operators no longer apply. The bill would require the secretary of transportation to review and update these regulations systematically, demonstrating thoughtful policymaking that recognizes the need for comprehensive regulatory reform rather than piecemeal exemptions.

Competitive Advantage and Economic Benefits

Enacting the AMERICA DRIVES Act is critical, as it would allow the United States to regain legislative ground and maintain its competitive edge in AV development. In 2021, Germany became the first country to authorize Level 4 AVs on public roads through its Road Traffic Act amendment, and in 2024, the United Kingdom enacted the Automated Vehicles Act to create a comprehensive regulatory framework for AVs. Without federal action, the United States risks falling behind in a sector where it currently leads, especially if a state regulatory patchwork emerges.

Research from academic institutions like Georgia Tech and industry organizations like the North American Council for Freight Efficiency indicates that autonomous trucking could deliver significant cost savings through reduced labor costs, improved fuel efficiency, and enhanced operational capacity. The AMERICA DRIVES Act removes regulatory obstacles that prevent these benefits from being realized.

More importantly, the bill presents no compromise on safety. Instead, it provides a new way to think about safety in an autonomous context. The legislation maintains the secretary of transportation’s authority to issue necessary regulations while eliminating requirements that are irrelevant or counterproductive for autonomous systems. The distinction between “remote drivers” and “remote assistance” acknowledges that human oversight of autonomous systems will look different than traditional driving.

Conclusion

The AMERICA DRIVES Act represents sound technology policy that promotes innovation without compromising safety. By creating regulatory clarity, eliminating unnecessary barriers, and establishing a framework for ongoing regulatory adaptation, this legislation provides the foundation for the United States to lead in autonomous commercial vehicle deployment. For policymakers committed to maintaining American technological leadership while ensuring public safety, supporting this bill is both a practical necessity and a strategic imperative.

The choice is clear: We can maintain outdated regulations that assume all vehicles need human drivers, or we can create a regulatory framework that enables the safe deployment of autonomous systems that promise to make our roads safer, our economy more efficient, and our transportation system more innovative.