Automated Driving: Legislative and Regulatory Action

This page tracks legislative and regulatory developments related to automated driving, automatic driving, autonomous driving, self-driving vehicles, and driverless cars. It was started by Bryant Walker Smith (publications and Twitter), is maintained by Gabriel Weiner, and should be cited as:

Gabriel Weiner and Bryant Walker Smith, Automated Driving: Legislative and Regulatory Action, cyberlaw.stanford.edu/wiki/index.php/Automated_Driving:_Legislative_and_Regulatory_Action

For analysis of the current legal status of so-called autonomous cars in these and other states, please see Automated Vehicles Are Probably Legal in the United States. That report also contains draft model language.

International Law (Treaties)

Proposed amendment of the 1968 Vienna Convention on Road Traffic: http://www.unece.org/fileadmin/DAM/trans/doc/2014/wp1/ECE-TRANS-WP1-145e.pdf.

For discussion of the 1949 Geneva and 1968 Vienna Conventions on Road Traffic, please see Automated Vehicles Are Probably Legal in the United States.

Planned discussion of international regulatory steps: http://www.unece.org/info/media/presscurrent-press-h/transport/2015/unece-to-discuss-first-international-regulatory-steps-concerning-automated-driving/unece-to-discuss-first-international-regulatory-steps-concerning-automated-driving.html.

Federal Regulatory Guidance

The National Highway Traffic Safety Administration (NHTSA) released its Preliminary Statement of Policy Concerning Automated Vehicles on May 30, 2013.

On January 14, 2016, U.S. Transportation Secretary Anthony Foxx announced the President's fiscal year 2017 budget proposal and policy guidance that updates the Preliminary Statement.

On February 4, 2016, NHTSA responded to a request from Google, Inc. to interpret several provisions in the Federal Motor Vehicle Safety Standards as they apply to Google's described design for vehicles Google is developing and testing.

Federal Bills

Bill	Title	Introduced	Last_Action	Status	Description
HR 3876	Autonomous Vehicle Privacy Protection Act of 2015	2015-11-02	2015-11-03	Committee
HR 22	Fixing America’s Surface Transportation (FAST) Act	2015-01-06	2015-12-04	Enacted

State Bills

Legislatures in the following states are considering or have considered bills related to automated driving.

Current

State	Bill	Introduced	Last_Action	Status	Description
Alabama	SB 178	2016-02-09	2016-02-09	Committee
California	AB 2682	2016-02-19	2016-02-19	Committee
California	AB 2415	2016-02-19	2016-02-19	Committee
California	AB 1592	2016-01-06	2016-02-01	Committee	Authorizes the Contra Costa Transportation Authority to conduct a pilot project testing autonomous vehicles not equipped with steering wheels, brake pedals, accelerators, or operators inside, at specified locations and speeds under 35 miles per hour.
California	SB 431	2015-02-25	2015-05-14	Passed Senate	Amends existing law on following distance to allow for driver-assistive truck platooning.
Connecticut	HB 6344	2015-01-22	2015-02-05	Committee	Expressly allows for use of autonomous vehicles for testing purposes, directs department of motor vehicles to promulgate regulations concerning autonomous vehicles.
Florida	SB 1392	2016-01-06	2016-02-12	Committee
Florida	SB 1394	2016-01-06	2016-02-12	Committee
Georgia	SB 113	2015-02-12	2016-01-11	Recommitted
Hawaii	HB 2687	2016-01-27	2016-02-01	Committee
Hawaii	HB 1458	2015-01-29	2015-02-09	Committee Recommendation to Defer
Hawaii	HB 632	2015-01-26	2015-01-28	Committee
Illinois	HB 3136	2015-02-25	2015-10-10	Committee
Maryland	SB 126	2016-01-15	2016-02-08	Unfavorable Report from Committee	Establishes a task force to study issues related to "self-driving vehicles" with a report due to the governor and general assembly on or before January 1, 2018.
Massachusetts	S 1841	2015-04-15	2015-07-09	Committee
Massachusetts	H 2977	2015-01-20	2015-07-09	Committee
New Jersey	A851	2016-01-27	2016-01-27	Committee	Diercts MVC to establish driver's license endorsement for autonomous vehicles.
New Jersey	S343	2016-01-12	2016-01-12	Committee	Defines "artificial intelligence," "autonomous mode," "autonomous vehicle," and "sensors," directs state MVC to establish a driver's license endorsement for the operation of autonomous vehicles, and directs the head of the state MVC to adopt regulations authorizing the operation of autonomous vehicles.
New York	A31	2015-01-07	2016-01-06	Committee
North Carolina	SB 600 HB 782	2015-03-26	2015-06-24	Passed Senate	Directs DMV to study the potential implementation of "autonomous vehicle technology" on state roads.
Oregon	SB620	2015-02-10	2015-07-06	Committee	Defines "autonomous system," "autonomous vehicle," and "manufacturer," establishes certification for testing and selling of autonomous vehicles, directs the department of transportation to adopt rules for testing, establishes requirements for testing and operation, including data recording and disclosure, addresses liability of the original manufacturer of a vehicle on which a third party has installed an autonomous system.
Rhode Island	SB2514	2016-02-25	2016-02-25	Committee
Tennessee	SB 1561 HB 1564	2016-01-12	2016-02-01	Committee	Establishes certification for testing, operating, or selling autonomous vehicles and creates a per mile tax structure.
Texas	HB 4194	2015-04-14	2015-04-17	Committee
Texas	HB 3690	2015-03-13	2015-03-19	Committee
Texas	SB 1167	2015-03-10	2015-04-15	Committee
Texas	HB 933	2015-01-26	2015-04-09	Committee
Utah	HB 280	2016-02-03	2016-02-12	Committee
Virginia	HB 1372	2016-01-22	2016-02-03	Committee
Washington	HB 2106	2015-02-12	2016-01-11	Reintroduced

Enacted

State	Bill	Introduced	Last_Action	Status	Description
California	SB 1298	2012-02-23	2012-09-25	Enacted	As amended, defines "autonomous technology," "autonomous vehicle," and "operator"; finds that the state "presently does not prohibit or specifically regulate the operation of autonomous vehicles"; requires rulemaking before 2015; permits current operation under certain conditions; imposes additional oversight on the operation of vehicles without a human in the driver's seat; and requires that the "manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle." Recent amendment struck previous language stating "the intent of the Legislature that current law governing the conversion of vehicles originally manufactured by a third party shall control issues of liability arising from the operation of the autonomous vehicle if that vehicle was converted by an autonomous technology manufacturer."
District of Columbia	B19-0931	2012-09-19	2013-01-23	Enacted	Defines "autonomous vehicle” as "a vehicle capable of navigating District roadways and interpreting traffic-control devices without a driver actively operating any of the vehicle’s control systems," requires a human driver "prepared to take control of the autonomous vehicle at any moment," restricts conversion to recent vehicles, and addresses liability of the original manufacturer of a converted vehicle. Final version removed previous provisions requiring autonomous vehicles to operate on alternative fuels and imposing a vehicle-miles-traveled tax in lieu of DC motor fuel tax. Passed Congressional review (April 2013).
Florida	CS/HB 1207 CS/HB 1207	2012-01-04	2012-04-16	Enacted	As wholly amended, defines "autonomous technology" and "autonomous vehicle," "finds that the state does not prohibit or specifically regulate the testing or operation of autonomous technology in motor vehicles on public roads," specifies that "[a] person who possesses a valid driver license may operate an autonomous vehicle in autonomous mode," addresses liability of the original manufacturer of a vehicle on which a third party has installed autonomous technology, establishes certain conditions under which an autonomous vehicle may be tested, and directs state DHSMV to prepare specific report for the legislature by February 2014. See more.
Florida	SB 52	2012-11-19	2013-05-29	Enacted	Bans texting but exempts operators of autonomous vehicles operating in autonomous mode.
Michigan	SB 0169	2013-02-07	2013-12-26	Enacted	Defines "automated technology," "automated vehicle," "automated mode," "upfitter," expressly permits testing of automated vehicles by certain parties under certain conditions, defines operator, addresses liability of the original manufacturer of a vehicle on which a third party has installed an automated system, directs state DOT with SOS to submit report by February 1, 2016.
Michigan	SB 0663	2013-11-06	2013-12-27	Enacted	Declares that the original manufacturer of a vehicle is not liable for damages resulting from another person's conversion or attempted conversion of the vehicle into an automated motor vehicle, or the modification of installed equipment, unless the defect from which the damages resulted was present in the vehicle when it was manufactured. Similarly addresses liability of subcomponent system producers for equipment installed by those producers to convert vehicles into automated motor vehicles.
Nevada	AB 511	2011-03-28	2011-06-17	Enacted	Defines "autonomous vehicle" and directs state DMV to adopt rules for license endorsement and for operation, including insurance, safety standards, and testing.
Nevada	SB 140	2011-02-10	2011-06-17	Enacted	Permits the use of handheld wireless communications devices in vehicles that are lawfully operating autonomously.
Nevada	SB 313	2013-03-20	2013-06-02	Enacted	Amends Nevada's autonomous driving statute to, inter alia, (1) incorporate and potentially modify certain rules promulgated by the DMV, (2) addresses liability of the original manufacturer of a vehicle on which a third party has installed autonomous technology, and (3) add "except in case of emergency" to the statement "that a person is not required to actively drive an autonomous vehicle."
North Dakota	HB1065	2015-01-06	2015-03-26	Enacted	Establishes a legislative management study of automated vehicles.
Tennessee	HB 616 SB 598	2015-02-10	2015-05-06	Enacted	Prohibits local governments from prohibiting the use of a vehicle solely on the basis of it being equipped with autonomous technology if the vehicle otherwise complies with applicable safety regulations, defines "autonomous technology" as technology "that has the capability to drive [a] motor vehicle without the active physical control or monitoring by a human operator."
Utah	HB 373	2015-02-20	2015-03-27	Enacted	Authorizes the department of transportation to conduct a connected vehicle testing program.

Other

Bill status at conclusion of legislative session.

State	Bill	Introduced	Last_Action	Status	Description
Arizona	HB 2679	2012-01-30	2012-02-09	Failed Transportation Committee	Defines "autonomous vehicle" and directs state DOT to adopt rules for license endorsement and for operation, including insurance, safety standards, and testing.
Arizona	HB 2167	2013-01-23	2013-01-31	Committee	Similar to Florida's statute. DOT report due by April 1, 2015.
California	AB 1164	2015-02-27	2015-07-16		Amends existing law addressing autonomous vehicles.
California	AB 2258	2014-02-21	2014-04-28	Committee	Authorizes the City of Lancaster to research and develop autonomous public buses.
Colorado	SB 13-016	2013-01-09	2013-02-05	Indefinitely Postponed	Defines "drive" and redefines "driver" in the vehicle code, establishes conditions under which a "person may use a guidance system to drive a motor vehicle," permits the use of a wireless telephone when using such a guidance system, provides that "[t]he driver is responsible for any damage caused by a motor vehicle being driven by means of a guidance system to the same degree as if the driver were manually driving the vehicle," eliminates following distance restrictions for a vehicle being so driven, and directs the "department" [of revenue or of transportation?] and the state patrol to submit a joint report by August 30, 2018.
Florida	SB 1272	2014-02-25	2014-05-01	Committee
Florida	SB 1768 SB 1768	2012-01-06	2012-03-09	Tabled for CS/HB 1207*	Amended with the text of, and laid on table in favor of, CS/HB 1207.
Georgia	HR 1265	2014-02-06	2014-03-18	Passed	Establishes a Georgia House study committee on autonomous vehicle technology.
Georgia	SB 369	2014-02-07	2014-02-26	Second Reading
Hawaii	HB 2420	2014-01-23	2014-01-27	Committee
Hawaii	HB 1461	2013-01-24	2013-12-18	Committee	Seeks to "authorize, for testing purposes, the operation of autonomous vehicles," defines "autonomous technology," "autonomous vehicle," "guided operator" (for testing purposes), and "manufacturer," requires manufacturers to apply before testing autonomous vehicles on public roads, establishes conditions for testing, establishes certain offenses, establishes conditions for operating autonomous vehicles, addresses liability of the original manufacturer of a vehicle on which a third party has installed autonomous technology, exempts a nonreckless guided operator from liability, and instructs the department of motor vehicles to (1) issue rules for testing by January 2, 2015 and (2) provide an annual report to the legislature.
Hawaii	HB 2238	2012-01-23	2012-03-01	Substituted*	Amended to the exclusion of all autonomous driving provisions (which previously defined "autonomous motor vehicle" and directed state transportation director to adopt rules for license endorsement and for operation, including insurance, safety standards, and testing). See also HR 163/HCR 212 below:
Hawaii	HR 163 HCR 212	2012-03-14	2012-03-30	Committee*	Asks state DOT to review law and policy related to "driverless cars" and directs it to provide findings and legislative suggestions by 2013. Note that "HCR" is a House Concurrent Resolution.
Idaho	S 1108	2015-02-25	2015-03-13	Passed Senate
Louisiana	HB 937	2014-02-28	2014-03-24	Committee	Authorizes the operation of autonomous motor vehicles.
Louisiana	HB 938	2014-02-28	2014-03-24	Committee	Authorizes the research and testing of autonomous vehicles.
Maryland	HB 172 SB 778	2015-01-29	2015-03-26	Unfavorable Report from Committee	Establishes a task force to study issues related to "self-driving vehicles" with a report due to the governor and general assembly on or before January 2017.
Maryland	HB 538	2014-01-29	2014-03-10	Unfavorable Report from Committee	Establishes a task force to study issues related to "self-driving vehicles" with a report due to the governor and general assembly on or before January 2017.
Massachusetts	HB 3369	2013-01-22	2014-09-08	Committee	Nearly identical to Florida's statute (with report due by February 2015).
Minnesota	HF 1416 HF 1580 SF 1270	2013-03-14	2013-03-14	Committee	Directs the commissioner of transportation to "evaluate policies and develop a proposal for legislation governing regulation of autonomous vehicles" by January 31, 2014.
Missouri	HB 924	2015-02-11	2015-03-31	Committee
New Hampshire	HB 444	2013-01-03	2013-03-28	Inexpedient to Legislate	Establishes a committee of legislators "to study the use of autonomous vehicles in New Hampshire" and instructs the committee to deliver a report by November 1, 2013.
New Jersey	S734 A1326	2014-01-14	2015-01-12	Committee	Defines "artificial intelligence," "autonomous mode," "autonomous vehicle," and "sensors," directs state MVC to establish a driver's license endorsement for the operation of autonomous vehicles, and directs the head of the state MVC to adopt regulations authorizing the operation of autonomous vehicles.
New Jersey	A2757	2012-05-10	2012-05-10	Committee*	Defines "autonomous vehicle" and directs state MVC to adopt rules for license endorsement and for operation, including insurance, safety standards, and testing. Identical to NJ A3020.
New Jersey	A3020	2012-06-07	2012-06-07	Committee*	Defines "autonomous vehicle" and directs state MVC to adopt rules for license endorsement and for operation, including insurance, safety standards, and testing. Identical to NJ A2757.
New York	S4912 A7391	2013-05-01	2014-05-02	Committee	Defines "autonomous vehicles," establishes general requirements for autonomous vehicles, expressly permits their operation and testing under certain conditions, addresses liability of the original manufacturer of a vehicle converted by a third party into an autonomous vehicle, and directs the commissioner of motor vehicles to study the operation and testing of autonomous vehicles and report his or her findings, including recommendations and legislative proposals, by February 12, 2015.
Oklahoma	HB 3007	2012-01-19	2012-02-07	Committee*	Defines "autonomous vehicle" and directs state DPS to to adopt rules for license endorsement and for operation, including insurance, safety standards, and testing.
Oregon	HB 2428	2013-01-14	2013-04-17	Committee	Defines "autonomous system," "autonomous vehicle," and "manufacturer," establishes application procedure and conditions for testing of autonomous vehicles, directs the department of motor vehicles to adopt rules for testing, establishes requirements (similar to California's) for data recording and disclosure, addresses liability of the original manufacturer of a vehicle on which a third party has installed an autonomous system.
South Carolina	HB 4621	2014-02-06	2014-02-06	Committee
South Carolina	HB 4015	2013-04-24	2013-04-24	Committee	Defines "autonomous technology," "autonomous vehicle," "operator," and "manufacturer," expressly permits testing of autonomous vehicles under specified conditions by certain parties, requires manufacturers to apply to and receive approval from the state DMV before operating autonomous vehicles on public highways, establishes minimum manufacturer certifications for approval, establishes requirements for data recording and disclosure, and directs the state DMV to adopt regulations by January 1, 2015.
South Dakota	SB 139	2014-01-31	2014-02-21	Tabled
Texas	HB 2932	2013-03-07	2013-03-19	Committee	Defines "autonomous motor vehicle," "autonomous technology," and "operator," requires operator to be licensed, and directs the "department" to "adopt rules authorizing" and regulating "the operation of autonomous motor vehicles."
Washington	HB 1439	2013-01-28	2014-01-13	Committee	Defines "autonomous vehicle" and "manufacturer of an autonomous vehicle," requires certification of vehicles for testing, directs the state patrol to adopt rules for such testing, including the rule that a "licensed driver is legally responsible for the autonomous vehicle for traffic infractions and criminal offenses in the same manner as a driver of a nonautonomous vehicle," and "does not prohibit ... operation and testing" before the adoption of those rules.
Washington	HB 1649	2013-02-04	2014-01-13	Committee	Defines "autonomous technology," establishes requirements for testing, establishes general requirements for vehicles controlled by autonomous technology, and directs the department of licensing to "review statutes and rules regarding autonomous vehicles and report ... on June 30, 2026."
Wisconsin	SB 80	2013-03-13	2013-04-8	Committee	Defines "autonomous vehicle," "autonomous technology," and "autonomous mode," specifies certain conditions for the testing and operation of such vehicles (including the presence of a human operator), and contemplates rulemaking by the state DOT.

State Executive Orders

State	Title	Last_Action	Description
Arizona	2015-09	2015-08-25	Directs state agencies to act to support the testing and operation of automated vehicles on public roads, authorizes university pilot programs, and establishes an oversight committee.

State Regulations

Administrative agencies in the following states are considering or have considered regulations related to automated driving.

State	Agency	Title	Last_Action	Status	Description
California	Department of Motor Vehicles		2015-12-16	Regulations proposed November 29, 2013. Modification to proposed regulations proposed March 6, 2014. Regulations for testing by manufacturers on public roadways adopted May 19, 2014, effective September 16, 2014. Draft deployment regulations were issued December 16, 2015. Public workshops are scheduled for January 28, 2016 and February 2, 2016.	See California DMV's autonomous vehicles regulations website.
District of Columbia	Department of Motor Vehicles		2014-04-04	Regulations proposed April 4, 2014. Final rulemaking action to adopt rules possible beginning May 4, 2014.
Nevada	Department of Motor Vehicles	R084-11	2012-03-01	Regulation took effect on March 1, 2012.	Further defines "autonomous vehicle," establishes a special driver's license endorsement, and specifies requirements for testing, certification, operation, and safety. See Nevada DMV's autonomous vehicles website.

External Links

State Legislative Process

Dates of 2013 State Legislative Sessions. Ballotpedia.
2013 Bill Introduction Deadlines. Stateside Associates.
State Carryover Procedures. Stateside Associates.

Media

How an (Autonomous Driving) Bill Becomes Law (Video). An Oral History of Nevada's Groundbreaking Regulation of Self-Driving Vehicles. The Center for Internet and Society at Stanford Law School. November 8, 2012.
How Autonomous Vehicles Will Shape the Future of Surface Transportation (Video and Text). Hearing examining impact of automated vehicle technology on federal policy. U.S. House Subcommittee on Highways and Transit. November 19, 2013.

Disclaimer

Be advised that this wiki offers no advice. Do not presume its factual or legal accuracy.