In the last Congress, the U.S. House Energy and Commerce Committee passed autonomous vehicle legislation unanimously. As the bill moved from the House to the Senate, the legislation became more complicated and, after U.S. Senate Commerce Committee passage, failed to make it to the U.S. Senate floor. Although there were numerous complications for the AV bill, paramount were concerns raised by trial lawyers. The 116th Congress now begins the process once again. The House Energy and Commerce’s Subcommittee on Consumer Protection and Commerce recently held a hearing entitled, "Autonomous Vehicles: Promises and Challenges of Evolving Automotive Technologies." 

Much of the discussion in Congress and at the U.S. Department of Transportation, in both the Obama and Trump Administrations, has revolved around state and federal government roles. The House Energy and Commerce Committee staff noted in their background materials that:

The National Highway Traffic Safety Administration (NHTSA) is the federal agency responsible for establishing and enforcing federal motor vehicle safety standards for both standard and automated driving vehicles. In September 2016, NHTSA released the first version of its federal guidance on automated vehicles, which outlined a voluntary safety assessment for manufacturers. The fourth iteration of this guidance, which builds upon previously released versions, was published on January 8, 2020. To date, 29 states and the District of Columbia have enacted autonomous vehicle legislation. Much of the legislation is intended to encourage the development and testing of autonomous vehicles technology. Some of the legislation puts limitations on the use of autonomous car technology, such as requiring that a driver be in an operating car or limiting testing to certain defined conditions.  Many cities are considering the potential effect of AVs on their residents and entering into agreements with companies to test deployment.

Issues have been framed for the Committee in terms of increased safety, increased accessibility for the disabled, concerns for cybersecurity and federal preemption.

AV Hearing witnesses included Cathy Chase, president, Advocates for Highway and Auto Safety; John Bozzella president and CEO, Alliance for Automotive Innovation; Daniel Hinkle, State Affairs, Counsel of the American Association of Justice; Mark Riccobono, president National Federation of the Blind; Gary Shapiro, president and CEO, Consumer Technology Association; Jeff Tumlin, director of transportation, San Francisco Municipal Transportation Agency (SFMTA).

Hinkle, representing the trial lawyers association, stated “AAJ believes that in order to best protect the public while fostering safety as well as innovation, any federal legislation designed to regulate automated vehicles must preserve: the traditional role of the states in ensuring safety on the roads, access to the courts under state laws for injured persons and damaged property, and the ability to access relevant information necessary to pursue such claims.” Hinkle continued by highlighting the most contentious issue raised at the hearing, “First, those who are injured or harmed by automated driving must be able to hold the driver manufacturer accountable. This means any legislation must explicitly avoid preempting any remedy available under state law.”

The hearing avoided the most important issue for independent automotive repairers, vehicle data access. This was not addressed by the House in the last Congress but language was included in the Senate Commerce Committee passed bill establishing a stakeholder group to address vehicle data access at the National Highway Traffic Safety Administration (NHTSA). 

The Automotive Service Association joined other members of the U.S. Vehicle Data Access Coalition in submitting a statement for the hearing emphasizing the importance of resolving the vehicle data access issue. It appears the Committee may not include vehicle data access in forthcoming legislation. 

With both the House and Senate in play for the November elections as well as this year being a presidential election year, moving any contentious legislation will be quite a chore. Although Congress may address privacy legislation or even a separate data access bill, the AV legislation may be the first and only train to leave the station. If that’s the case, what’s the legislative path or industry solution for independent repairers to have access to vehicle data in the future?