ARTICLE
28 September 2017

Wheels Are Turning On Federal Self-Driving Policy

MF
Morrison & Foerster LLP

Contributor

Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation.
United States Transport

One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning.

The U.S. House of Representatives earlier this month passed the bipartisan Safely Ensuring Lives Future Development and Research in Vehicle Evolution (SELF DRIVE) Act. The SELF DRIVE Act continues the work of clarifying state and federal government roles as well as the federal government's responsibilities with regard to safety, cybersecurity, privacy, and consumer education.

Although SELF DRIVE has now launched, the engine is still heating up: The U.S. Senate is still developing its approach to federal policy in this space. Last week, the U.S. Senate held a hearing to this end, inviting experts on self-driving trucks to testify before its Commerce Committee. This latest action built on a set of bipartisan "principles" for legislation that the U.S. Senate had released in June.

The Executive Branch has also announced a change to its approach. Specifically, U.S. Department of Transportation Secretary Chao unveiled "A Vision for Safety: 2.0" in Michigan last week. As Secretary Chao noted, this "replaces the Federal Automated Vehicle Policy Version 1.0" released last year, but it is not the Department's final word: "DOT and NHTSA are already planning for Version 3.0 in 2018!"

In short, for federal self-driving policy, the wheels are still turning – and the regulatory landscape will most certainly continue to evolve over the coming weeks and months.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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