2025 Autonomous Vehicles Federal Policy Wrapped

The year 2025 has been a significant year in the growth of the autonomous vehicle industry. Existing deployments of autonomous rideshare in cities including Phoenix, San Francisco, and Austin have grown by both fleet size and driverless miles. As testing locations have expanded so too have announcements for planned deployments in 2026 including in Dallas, Miami, and Nashville. On the freight side, driverless long-haul routes started in Texas. 

The increased visibility of AVs across the country in urban areas along with increased industry efforts for a federal regulatory framework has likely contributed to the introduction of several federal legislative initiatives related to autonomous vehicles this year. Autonomous vehicles are currently governed by a patchwork of state-by-state requirements which can vary on permitting and commercial operation requirements, safety and data reporting standards, and expectations for interactions with law enforcement and emergency responders. As the geographic footprint of autonomous vehicles, both for rideshare and freight, expands in the upcoming year, there will likely be continued efforts from various stakeholders, including but not limited to city and state governments, the AV industry, labor groups, safety advocates, and the legacy automative industry to shape a potential federal regulatory framework.  

In 2025, a number of individual pieces of legislation related to federal regulation of autonomous vehicles were introduced including the AV Accessibility Act, the AV Safety Data Act, the Autonomous Vehicle Acceleration Act, and the AMERICA DRIVES Act. The AV Accessibility Act, introduced in July by Rep. Greg Stanton (D-AZ), calls for federal research to enhance access to autonomous rideshare for disabled individuals along with rider protections and has industry support. The AV Safety Data Act, introduced by Rep. Kevin Mullin (D-CA) in July, would require increased data reporting to National Highway Traffic Safety Administration (NHTSA), including vehicle miles traveled data, injuries, interactions with law enforcement, and collisions. The Autonomous Vehicle Acceleration Act, introduced by Cynthia Lummis (R-WY) in May, calls for updating the Federal Motor Vehicle Safety Standards (FMVSS) for Level 4 and 5 Automated Driving Systems (ADS)-equipped vehicles to enable faster adoption of autonomous technologies. The AMERICA DRIVES Act, introduced by Rep. Vince Fong (R-CA) in July calls for federal preemption for Level 4 and 5 ADS commercial trucking.  

Going into 2026, stakeholders will be watching for the potential inclusion of autonomous vehicle language in surface transportation reauthorization. Chair Brett Guthrie (R-KY) said in June the House Energy and Commerce Committee is working on a motor vehicle safety title and is considering inclusion of AV policy. Rep. Bob Latta (R-OH) and Rep. Debbie Dingell (D-MI) are also reported to be working on an AV federal safety framework to include in reauthorization. Rep. Mullin is working with Rep. Latta to include the AV Safety Data Act in their wider framework 

While there have been bipartisan efforts on bills to propel ADS deployments, there have also been concerns from both sides of the aisle about potential labor ramifications. Sen. Josh Hawley (R-MO) raised concerns in September about the impact on labor and has drafted a bill requiring safety drivers in ADS vehicles. In November, Rep. Ro Khanna (D-CA) called for regulation to protect commercial truck and long-haul drivers stating, “Drivers are needed for safety, oversight, edge cases, & maintenance.” 

It is also notable that Texas and California, early leaders in autonomous vehicle deployments, have updated their state regulations this year. Texas now requires permits for fully autonomous vehicles, and California is currently in the process of updating their regulations to include requiring safety cases and shifting from disengagement reports to documentation of dynamic driving task system failures. It is likely in 2026 that states and cities will continue updating their regulations and response to ADS-vehicles, especially as more cities join the ADS footprint.  

From the agency side, NHTSA has taken a number of actions to move forward ADS technologies within its existing authorities. In April, NHTSA announced its new AV Framework, with the principles of prioritizing safety, unleashing innovation, and enabling commercial deployment. As first actions under its new framework, NHTSA streamlined reporting for the Standing General Order on Crash Reporting for ADAS and ADS and included domestically produced vehicles within the Automated Vehicles Exception Program (AVEP). In September, NHTSA announced three rulemakings to update the Federal Motor Vehicle Safety Standards for ADS-equipped vehicles without conventional concerns, updating standards for (1) FMVSS No. 102, “Transmission shift position sequence, starter interlock and transmission braking effect,” (2) FMVSS No. 103, “Windshield defrosting and defogging systems,” and FMVSS No. 104, “Windshield wiping and washing systems,” and (3) FMVSS No. 108, “Lamps, reflective devices, and associated equipment.” 

In a July 2025 report to Congress, NHTSA provided updates on the modal administration’s ADS rulemakings. NHTSA’s current rulemakings highlighted in the update included: (1) Pilot Program for Collaborative Research on Motor Vehicles with High or Full Driving Automation (RIN 2127-AL99), (2) Facilitating New ADS Vehicle Designs for Crash Avoidance Testing (RIN 2127-AM00), (3) Considerations for Telltales, Indicators, and Warnings in Vehicles Equipped with ADS (RIN 2127-AM07), (4) Expansion of Temporary Exemption Program to Domestic Manufacturers for Research, Demonstrations, and Other Purposes (RIN 2127-AM14), (5) Framework for ADS Safety (RIN 2127-AM15), (6) Exemption and Demonstration Framework for Automated Driving Systems (RIN 2127-AM60), and (7) Incident Reporting Requirements for Automated Driving Systems and Level 2 Advanced Driver Assistance Systems (RIN 2127-AM63). Noteworthy efforts in these rulemakings include assessing requirements for the crash avoidance FMVSS (2), safety messaging for vehicles without traditional driver controls (3), analysis of previous comments on a safety framework (5), analysis of comments on the AV STEP Program (6), and assessment of potential codification of safety reporting requirements under NHTSA’s Third Amended Standing General Order (7). 

The report to Congress also highlighted Automated Driving System (ADS) research efforts. This month NHTSA published the last volume of “FMVSS Considerations for Vehicles with Automated Driving Systems.” The four iterations of the study explored how 81 Federal Motor Vehicle Standards can be applied to ADS vehicles. Volume 1 published in 2020 and Volume 2 published in 2021 focused on crash avoidance and crashworthiness standards. Volume 3 published in July analyzed crash avoidance standards, crashworthiness standards for conventional seating designs and one unconventional seating design, and a low-speed standard. Volume 4 looked at braking and electronic stability control test methods, heavy braking and electronic stability control requirements, technical translations for a number of standards, and potential unconventional seating barriers. The fourth volume is currently open for comment. 

Additional research efforts highlighted in the report to Congress include evaluation of subsystems within ADS (perception, decision/path planning, and execution) and benefits and limitations of artificial intelligence applications within ADS. NHTSA is also examining crashworthiness in ADS vehicles, including those with unconventional seat configurations, and developing methodology for safety assessments. Researchers are also looking at interactions between ADS vehicles and other roadway users and infrastructure and user experience for those with disabilities. 

Given the Trump/Duffy Administration’s focus on innovation and autonomous vehicles, it is highly likely that NHTSA will continue its rulemaking and research activities in 2026 under its new AV framework with or without expanded federal legislation. If reauthorization provides NHTSA with expanded regulatory responsibilities, it may also need to provide the modal administration with expanded resources.  

As surface transportation reauthorization advances and on the road deployments, testing, and applications of autonomous vehicles expand in the upcoming year, it will be important to see how ADS-related legislation potentially moves forward on the Hill. Measures taken by states and cities within their respective regulatory authorities will also be significant. Even with a potential federal framework, states and cities will likely still play a key role in the deployment of autonomous vehicles, such as through traffic safety enforcement and permitting of vehicles and commercial operations. The success and reception of deployments across different states may influence lawmakers on the Hill. Questions related to FMVSS updates, roadway safety, data sharing, labor integration, interstate commerce, and user access and experience may be elevated at both federal and state levels as deployments and technologies change and advance. 

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