Policy Archive · Episode 01

The Case of the Carpool Conundrum

Explore the real-world policies behind this case. Follow proposed and existing policy, potential gaps, and outcomes as they develop.

• Proposed Policy Proposed — Not Enacted

  H.R. 7390 — SELF DRIVE Act of 2026

  The SELF DRIVE Act of 2026 proposes a broader federal framework for vehicles equipped with automated driving systems.

  Identifier

  H.R. 7390

  Jurisdiction

  United States (Federal)

  Status

  Proposed — Not Enacted

  Dates

  Introduced in the House of Representatives on February 5, 2026. It has not been enacted.

  Latest update

  February 5, 2026

  Update date

  2026-02-05

  What it does: The SELF DRIVE Act of 2026 proposes a broader federal framework for vehicles equipped with automated driving systems. Among its provisions, the legislation would establish definitions for ADS-equipped and ADS-dedicated vehicles, address federal motor-vehicle safety standards for automated vehicles, require safety-case documentation and testing and evaluation, establish a national automated-vehicle safety data repository, and address connected-vehicle security. The legislation also addresses the relationship between federal and state regulation while preserving specified areas of state authority. Rather than simply describing an automated driving system as the legal "driver," the legislation defines how an ADS can perform the dynamic driving task and addresses how the system or an appropriate fallback-ready user can respond when a minimal-risk condition is required.

  Potential impact: The proposal could establish a more unified federal framework for automated vehicles while clarifying how existing vehicle-safety requirements should apply as the automated system assumes functions traditionally performed by a human driver. It could also affect the division of regulatory responsibility between the federal government and states as automated vehicles become more common on public roads.

  Sources

  • Congress.gov — H.R. 7390, SELF DRIVE Act of 2026
  • GovInfo — H.R. 7390 (Introduced in House)
• Existing Policy In Effect

  NHTSA Standing General Order 2021-01 — Crash Reporting for Automated Driving Systems

  NHTSA requires identified manufacturers and operators to report certain crashes involving vehicles equipped with automated driving systems and Level 2 advanced driver-assistance systems.

  Identifier

  Standing General Order 2021-01

  Jurisdiction

  United States (Federal)

  Status

  In Effect

  Dates

  First issued in 2021 and subsequently amended. The Standing General Order remains in effect; the current version includes amendments to the original 2021 order.

  Latest update

  In effect (amended since 2021)

  What it does: The National Highway Traffic Safety Administration requires identified manufacturers and operators to report certain crashes involving vehicles equipped with automated driving systems and Level 2 advanced driver-assistance systems. The Standing General Order was first issued in 2021 and has subsequently been amended. Its current reporting requirements provide NHTSA with information about qualifying real-world crashes involving these technologies.

  Potential impact: Crash reporting gives federal regulators information that can help identify potential safety problems involving automated driving technologies. NHTSA can use that information in further investigations and enforcement and, where a safety defect is identified, can take action under its existing vehicle-safety authority. The Standing General Order is therefore an important oversight mechanism, but it is primarily a reporting and information-gathering requirement. It does not itself establish comprehensive performance standards governing how an automated driving system must perform the driving task.

  Sources

  • National Highway Traffic Safety Administration — Standing General Order on Crash Reporting — NHTSA
• Existing Policy In Effect

  Federal Motor Vehicle Safety Standards and Automated-Vehicle Exemptions

  NHTSA establishes Federal Motor Vehicle Safety Standards governing motor vehicles and motor-vehicle equipment, which continue to apply to vehicles equipped with automated driving systems, with updates and exemption mechanisms for automated vehicles.

  Identifier

  FMVSS

  Jurisdiction

  United States (Federal)

  Status

  In Effect

  Dates

  Federal Motor Vehicle Safety Standards remain in effect and apply to automated vehicles as applicable. NHTSA continues work to modernize federal safety requirements for vehicles equipped with automated driving systems.

  Latest update

  In effect; modernization ongoing

  What it does: NHTSA establishes Federal Motor Vehicle Safety Standards (FMVSS) governing motor vehicles and motor-vehicle equipment. Those requirements continue to apply to vehicles equipped with automated driving systems. However, some federal standards were developed around conventional vehicle designs that assumed features associated with human operation. NHTSA has updated some standards to account for automated vehicles and is continuing additional modernization work. Federal law also provides mechanisms through which qualifying automated vehicles may receive exemptions from particular safety requirements under specified circumstances.

  Potential impact: These mechanisms allow federal vehicle-safety regulation to continue applying as vehicle design changes. They also illustrate a challenge created by automated driving: a safety requirement written around a conventional steering wheel, manual control, or other human-driver feature may not translate directly to a vehicle designed to operate without those features. NHTSA is addressing this transition through updated standards, continuing rulemaking and exemption mechanisms.

  Sources

  • National Highway Traffic Safety Administration — Laws and Regulations — NHTSA
  • National Highway Traffic Safety Administration — Automated Vehicle Safety — NHTSA
• Policy Gap Partial Gap

  Federal Safety Framework for Automated Driving Systems

  Jurisdiction

  United States (Federal)

  Status

  Partial Gap

  What it does: Federal policy already provides multiple mechanisms for overseeing automated vehicles. These include Federal Motor Vehicle Safety Standards, crash-reporting requirements, defect and recall authority, and mechanisms allowing exemptions from certain existing requirements. NHTSA has also updated some standards and continues work intended to accommodate vehicles that may operate without conventional human driving controls. However, the transition is still underway. Existing federal vehicle-safety requirements do not yet provide a single comprehensive set of performance standards specifically governing how automated driving systems must perform the driving task across the developing range of automated vehicles.

  Potential Policy Question

  As vehicles increasingly perform the driving task themselves, how should federal safety standards and oversight adapt to vehicles designed without conventional human driving controls?

  Sources

  • National Highway Traffic Safety Administration — Laws and Regulations — NHTSA
  • National Highway Traffic Safety Administration — Automated Vehicle Safety — NHTSA
  • Congress.gov — H.R. 7390, SELF DRIVE Act of 2026
• Policy Gap Partial Gap

  Federal and State Responsibility for Self-Driving Vehicles

  Jurisdiction

  United States (Federal)

  Status

  Partial Gap

  What it does: Responsibility for motor-vehicle regulation in the United States is divided between federal and state governments. At the federal level, NHTSA regulates motor vehicles and motor-vehicle equipment, establishes and enforces Federal Motor Vehicle Safety Standards, and has authority involving safety defects and recalls. States traditionally regulate many aspects of vehicle operation, including driver licensing, vehicle registration, traffic laws, insurance and liability. Automated driving complicates that longstanding division because the vehicle's technology can increasingly perform tasks that traffic laws traditionally assigned to a human driver. As states develop their own approaches to automated vehicles, requirements can vary across jurisdictions. Federal policy addresses important aspects of vehicle and equipment safety, but it does not replace the many state laws governing how vehicles are operated on public roads.

  Potential Policy Question

  When a vehicle drives itself, how should responsibility be divided among federal regulators, states, vehicle manufacturers, automated-driving-system developers, owners, and operators?

  Sources

  • National Highway Traffic Safety Administration — Automated Driving Systems — NHTSA
  • Congress.gov — H.R. 7390, SELF DRIVE Act of 2026