SELF DRIVE Act of 2026
- Sponsor
- Rep. Latta, Robert E. [R-OH-5]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Feb 10, 2026
Bottom line
The SELF DRIVE Act of 2026 aims to accelerate the safe deployment of autonomous vehicles by standardizing federal oversight, centralizing crash data collection, and preempting conflicting state-level safety regulations.
What it actually does
This bill establishes a federal framework for regulating Automated Driving Systems (ADS) and ADS-equipped vehicles under the National Highway Traffic Safety Administration (NHTSA). It mandates manufacturers to develop 'safety cases' for their ADS, creates a National Automated Vehicle Safety Data Repository for crash data, and clarifies federal preemption over state laws concerning ADS safety standards, while preserving state authority over traffic laws, vehicle registration, and consumer protection. It also permits limited commercial operations for ADS-equipped vehicles during testing.
Proponents argue
Proponents argue this bill is crucial for fostering innovation and maintaining U.S. leadership in autonomous vehicle technology. They contend that a unified federal regulatory framework, rather than a patchwork of state laws, will provide clarity and certainty for manufacturers, thereby accelerating the safe development and deployment of ADS-equipped vehicles. They also highlight the potential for improved road safety, increased mobility, and job creation.
Opponents contend
Opponents might argue that the bill preempts states from setting potentially stronger safety standards, potentially compromising public safety for the sake of industry convenience. Concerns could also be raised about the adequacy of the proposed safety case framework and data reporting requirements, particularly regarding public access to critical safety information and the potential for manufacturers to self-certify without sufficient independent oversight.
The bill is moderately detailed but structured logically, making it accessible for a reader to understand its core provisions within a reasonable timeframe.
Sec. 3, adding 49 U.S.C. 30130(a)
Standardized Definitions for Automated Driving Systems (ADS)
This section establishes comprehensive definitions for key terms related to automated driving systems, including 'ADS-dedicated vehicle,' 'ADS-equipped vehicle,' 'automated driving system (ADS),' 'dynamic driving task (DDT),' 'minimal risk condition (MRC),' and different levels of automation (Level 3, 4, 5) by referencing SAE International's J3016 standard. It also defines 'vulnerable road user.' These definitions are critical for consistent application of the bill's regulations.
Supporters argue
Supporters argue that standardized definitions are essential for regulatory clarity, ensuring that all manufacturers and regulators operate under a common understanding of ADS technology, which is vital for consistent safety standards and accelerated development.
Critics contend
Critics might argue that relying heavily on industry standards (SAE J3016) could limit regulatory flexibility or public input in defining critical safety terms, potentially allowing industry to set its own regulatory boundaries.
Tradeoffs
Balances the need for industry-led technical definitions with the government's role in establishing regulatory clarity and oversight.
Sec. 3, adding 49 U.S.C. 30130(b)
Mandatory Manufacturer Safety Case for ADS-Equipped Vehicles
This provision mandates that manufacturers must develop a 'safety case' for every automated driving system or ADS-equipped vehicle before it can be sold or imported. This safety case must provide claims, arguments, and evidence demonstrating that the ADS design, construction, and performance do not pose an unreasonable risk of accidents, death, or injury. It requires detailed descriptions of hardware, software, operational design domain (ODD), engineering methodologies, safety performance analysis, crash anticipation/response, and a cybersecurity plan. NHTSA is required to issue a final rule by September 30, 2027, to establish objective content requirements and certification procedures for these safety cases.
Sec. 3, adding 49 U.S.C. 30130(c)
Occupant Control and Exit Requirements for ADS-Dedicated Vehicles
This provision requires ADS-dedicated vehicles (designed exclusively for Level 4 or 5 automation) that carry occupants to be equipped with a means for an occupant to command the ADS to safely achieve a Minimal Risk Condition (MRC) and then safely exit the vehicle. It also exempts such vehicles from existing motor vehicle safety standards that require manually operated controls intended only for human drivers, if the vehicle is equipped with the MRC system. Vehicles configured solely for property transport are also exempt from manual control requirements.
Sec. 3, adding 49 U.S.C. 30131
Establishment of National Automated Vehicle Safety Data Repository
This section mandates NHTSA to establish a National Automated Vehicle Safety Data Repository by September 30, 2026. Manufacturers of ADS and ADS-equipped vehicles must report specific information about 'covered crashes' (crashes involving fatalities, injuries requiring hospital transport, airbag deployment, vulnerable road users, or towing, where ADS was engaged 30 seconds prior to the crash) within 30 days of the crash or 10 days of notification. Manufacturers must also submit quarterly reports on total miles traveled with ADS engaged. The repository data will be accessible to State transportation regulatory agencies (subject to confidentiality protections) and publicly shared (with confidential business information protected). This provision also repeals NHTSA's Standing General Order 2021-01 upon the final rule's compliance date.
Sec. 3, amending 49 U.S.C. 30165(a)(1)
Federal Preemption of State ADS Safety Regulations
This provision establishes that states and political subdivisions cannot maintain or enforce laws, rules, or standards that prohibit manufacturers from selling ADS or ADS-equipped vehicles if the manufacturer has developed a federal safety case (as required by section 30130(b)(3)). It also preempts state requirements for manufacturers to report covered crash information if the federal repository requirements are met. However, it explicitly preserves state authority over traffic laws, vehicle registration, safety and emissions inspections, congestion management, insurance, generally applicable consumer protection laws, environmental laws, and laws related to the sale, distribution, repair, or service of ADS-equipped vehicles by dealers, manufacturers, or distributors.
Sec. 4, amending 49 U.S.C. 30112(c)
Authorization for Limited Commercial Operations During ADS Testing
This section authorizes the Secretary of Transportation to permit manufacturers conducting ADS testing or evaluation to undertake limited commercial operations. This includes carrying members of the public as passengers and transporting freight, as part of the testing or evaluation process. The Secretary will establish limitations based on the manufacturer's operational use case and objectives, such as reasonable limits on the number of vehicles, mileage, revenue generation, or duration of deployment, to ensure these operations do not become de facto deployment of non-compliant vehicles.
Sec. 5, amending 49 U.S.C. 30122(b)
Exception for Temporarily Disabling Manual Controls During ADS Engagement
This section creates an exception to the existing 'make inoperative' rule, which generally prohibits manufacturers, distributors, dealers, or repair businesses from rendering a safety device or element of design inoperative. The exception allows a manufacturer to temporarily disable or alter the functionality of manual driving controls (e.g., steering wheel, pedals) for safety reasons when an automated driving system is engaged and fully capable of performing the dynamic driving task. Manufacturers claiming this exception must comply with the safety case requirements of section 30130(b).
Sec. 6
Review of Connected Vehicle Cybersecurity Supply Chain Rule
This section mandates the Secretary of Commerce, in consultation with relevant agencies, to review the implementation of the final rule 'Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles' (90 Fed. Reg. 5360) within one year of the Act's enactment. Following the review, the Secretary of Commerce must provide a briefing to relevant Congressional committees within 60 days.
The requirement for manufacturers to submit quarterly reports on total miles traveled with ADS engaged (including revenue service miles) will sunset 5 years after the final rule for the National Automated Vehicle Safety Data Repository is issued.
Sec. 3, adding 49 U.S.C. 30131(c)
Why it matters:This could be standard legislative practice for a temporary data collection measure, or it could be a concession to industry to limit long-term reporting burdens.
Case for: Supporters would argue that the initial 5 years of data collection are sufficient to establish baseline safety metrics and trends, after which the burden of continuous detailed mileage reporting can be reduced without compromising safety oversight.
Case against: Critics might argue that continuous mileage data is crucial for long-term safety monitoring, especially as ADS technology evolves and deployment scales up. A sunset clause could prematurely limit valuable data for regulators and researchers.
Estimated impact: Reduces a recurring reporting burden for manufacturers after 5 years.