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May 23, 2017
Autonomous Vehicles: Emerging Policy Issues
Introduction
international standards-setting organization, has developed
The advent of autonomous vehicles is often discussed in the
six categories of vehicle automation—ranging from a
context of safety. While many new technologies already are
human driver doing everything to automated systems
making vehicles safer, auto manufacturers view them as
performing all the tasks a driver does. This classification
building blocks to vehicles that can travel and park
system has been adopted by the U.S. Department of
themselves without a driver’s intervention. Autonomous
Transportation (USDOT) to foster standardized
vehicles (AVs) may transform expectations of mobility by
nomenclature to aid clarity and consistency in discussions
raising new possibilities for millions of people, including
about growing vehicle automation and safety.
the disabled, elderly, youth, and people who do not own a
car. In addition to broadening the population served, AVs
All vehicles sold today are in the lowest two tiers of SAE’s
could bring lower accident rates and make travel more
automation rating system. Views differ as to how long it
efficient than traditional motor vehicles. How quickly AVs
may take for full automation to become standard, with some
will evolve will ultimately depend on the choices federal,
forecasting market-ready AVs in five years. Others argue
state, and local governments make to encourage their use
that it will take much longer, as more testing, regulation,
and application.
and policy work should be done before AVs are widely
deployed.
Vehicle Automation Accelerates
Many new technologies, whether mandated by federal
Technologies that could guide an AV (Figure 1) include a
regulators or developed by automakers, have translated
wide variety of electronic sensors that would determine the
incrementally into safer motor vehicles. The introduction of
distance between the vehicle and obstacles; detect lane
new vehicle technologies has accelerated in the past decade,
markings, pedestrians, and bicycles; park the vehicle; GPS,
moving toward much more vehicle automation and a long-
Inertial Navigation System, and a system of built-in maps to
term goal of a fully autonomous vehicle. Congress and
guide the vehicle direction and location; cameras that
federal regulators are considering how to encourage such
provide 360-degree views around the vehicle; and
advancements. They generally recognize that the traditional
Dedicated Short-Range Communication (DSRC) to monitor
regulatory process is long and could adversely affect
road conditions, congestion, crashes, and possible rerouting.
innovation and the introduction of these technologies.
These technologies are being adapted separately, while
manufacturers learn how to combine them in vehicles that
A range of advanced driver assistance systems is being
could safely transport passengers without drivers.
introduced to motor vehicles, many of them bringing
automation to vehicular functions once performed only by
Figure 1. Autonomous Vehicle Technologies
the driver. These features automate lighting and braking,
connect the car and driver to the Global Positioning System
(GPS) and smartphones, and keep the vehicle in the correct
lane. Mary Barra, chairman and CEO of General Motors,
has observed that “the auto industry will change more in the
next five to 10 years than it has in the last 50.” There are
three forces driving motor vehicle innovation:
technological advances enabled by new materials and
more powerful, compact electronics;
consumer demand for telecommunications connectivity
and new types of vehicle ownership and ridesharing;
and
regulatory mandates pertaining to emissions, fuel
efficiency, and safety.
Source: CRS, based on “Autonomous Vehicles” fact sheet, Center
for Sustainable Systems, University of Michigan.
Increasingly, such innovations are being combined as
manufacturers produce vehicles with higher levels of
Educating the public about AVs appears to be a major
automation. Vehicles do not fall neatly into two categories
element in determining their eventual success. A 2015
of “automated” and “nonautomated,” because all of today’s
Boston Consulting Group survey found that less than half
motor vehicles have some element of automation. The
of respondents would buy a fully autonomous vehicle, but
Society of Automotive Engineers International (SAE), an
55% are interested in a partially autonomous vehicle;
https://crsreports.congress.gov
Autonomous Vehicles: Emerging Policy Issues
respondents showed no clear preferences for specific
need to change as well. Some analysts believe that AVs
features.
may be powered more frequently by electricity, rather than
gasoline; such vehicles would not pay motor fuel taxes that
Policy Issues That May Affect
support the Highway Trust Fund, further eroding its ability
AV Deployment
to maintain federally supported transportation
Uncertainty over the delivery timeline and technologies that
improvements. Similarly, local governments may see a
may be used in AVs have led state and federal governments
decline in parking fees and traffic fines that are often used
so far to allow a wide range of innovation while providing
to fund transportation programs. If those sources decline,
recommendations—not binding rules—for AV
governments will need to define new ones if they seek to
development. In September 2016, USDOT issued its
maintain their public roadways.
Federal Automated Vehicles Policy, which lays the
foundation for current and future regulation, including
Vehicle Communications. In some concepts, fully
autonomous vehicles would be able to drive without
a set of guidelines outlining best practices for AV
communicating directly with surrounding vehicles and
design, testing, and deployment;
obstacles. However, a parallel line of motor vehicle
research has focused on vehicle-to-vehicle (V2V) and
a Model State Policy that seeks to identify where new
vehicle-to-infrastructure (V2I) communications, allowing
AV-related issues fit in the current federal and state
vehicles to share data about speed, location, traffic
regulatory structures;
congestion and road conditions. USDOT estimates that up
to 80% of vehicle crashes (not including crashes based on
a streamlined review process to expedite requests for
intoxicated or drowsy drivers) could be prevented with such
DOT regulatory interpretations and exemptions that may
communications.
spur AV development; and
Since 1999, the Federal Communications Commission
identification of new tools and regulatory structures for
(FCC) has allocated a portion of spectrum for DSRC.
USDOT’s National Highway Traffic Safety
Federal and private sector research on V2V and V2I has
Administration that could aid in AV deployment, such
been based on the assumption that this spectrum would be
as expanded exemption authority and premarket testing
dedicated only to vehicle communications. Recently,
to assure that AVs will be safe before being sold.
telecommunications companies have sought to share this
spectrum band to facilitate the rapid growth in wireless
While the federal government has traditionally regulated
devices, a change that some argue could compromise the
vehicles for safety, states have had the authority to regulate
integrity of V2V and V2I communications. The FCC is
operation of passenger vehicles through laws governing
evaluating whether this spectrum allocation should be
licensing of drivers and vehicles; traffic regulation;
maintained or shared.
liability; and motor vehicle insurance. Behind USDOT’s
Model State Policy is a growing concern that in the absence
Cybersecurity. Increasing vehicle automation also leads to
of traditional federal vehicle regulations some states could
a rise in the amount of data collected, adding two policy
move forward on their own, resulting in possible diverse
issues to the AV discussion: data privacy and ownership,
and even conflicting state regulations. According to the
and hacking of that data.
National Conference of State Legislatures, 15 states plus
the District of Columbia have enacted legislation related to
Most motor vehicles on the road today use an Event Data
AVs, and related bills have been introduced in 33 states in
Recorder (EDR) to record information about the vehicle
2017.
and driver seconds before a crash. The 2015 Fixing
America’s Surface Transportation (FAST) Act included
There is a range of issues that may be affected by possible
data privacy provisions for EDRs. With AVs, the large
disruptions caused by AVs, including the following:
number of sensors collecting data when the vehicle is in
motion are not covered by the EDR protections, and it is
Liability and insurance. Currently, driving liability applies
unclear who owns the data and will have access to it.
to the vehicle operator. With a driverless vehicle, that
liability could shift to the companies that created the
Tests have demonstrated that hackers may be able to gain
software and technologies in the vehicle or the
access to an AV’s communications system and take control
manufacturer that integrated those technologies into the car.
of the vehicle. In response, industry and USDOT are
Insurance rates are based in part on the performance of an
collaborating on guidance for technology developers to
individual driver. In addition, states have had responsibility
build data protection into their software. Legislation has
for product liability law, but without uniformity in tort laws
also been introduced in Congress to address cybersecurity
from state to state. The elimination of a driver will call for
concerns.
new definitions and clarity in the legal framework.
Bill Canis, Specialist in Industrial Organization and
Infrastructure and transportation funding. Roadways
Business
may need significant changes to accommodate AVs, which
will rely on well-marked lanes, accurate signage, and traffic
IF10658
lights that can communicate easily and clearly with AVs.
Methods of funding these infrastructure investments may
https://crsreports.congress.gov
Autonomous Vehicles: Emerging Policy Issues
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
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https://crsreports.congress.gov | IF10658 · VERSION 3 · NEW