Autonomous vehicles are being tested and deployed in US cities in real time as Congress considers long-term changes to transportation programs and Secretary Duffy advances an Innovation Agenda. Early deployments in Phoenix, Austin, San Francisco, and Los Angeles have helped improve understanding and advance technologies to a better state of readiness but have occurred under the current state by state regulatory framework. As autonomous technology matures and as ridership and testing locations expand, it is likely that pressure will grow on the federal government to both support innovation and also provide a consistent and comprehensive approach to regulating the safety of autonomous vehicle technologies.

Through the National Traffic and Motor Vehicle Safety Act, USDOT’s National Highway Traffic Safety Administration (NHSTA) regulates Federal Motor Vehicle Safety Standards (FMVSS). NHSTA can also grant FMVSS exemptions, safety standards, and can conduct investigations. The Federal Motor Carrier Safety Administration (FMCSA) also has relevant regulatory authority. Outside of USDOT, autonomous vehicle related investigations may also be conducted by the US National Transportation Safety Board (NTSB), the US Department of Justice (DOJ), and the US Securities and Exchange Commission (SEC). States may enforce higher performance standards for vehicles beyond FMVSS requirements and have the authority for licensing and operational safety of vehicles. The lack of a federal AV regulatory framework and explicit performance standards for AVs from NHTSA has placed states as key regulators of autonomous vehicles thus far. However, USDOT has taken actions related to AV regulation.

The first Federal Automated Vehicle Policy Statement (FAVP) was released by USDOT under the Obama Administration delineating regulatory roles, outlining NHTSA’s existing authorities, providing guidance for testing and deploying AVs, and listing potential authorities NHTSA may want to request from Congress.

Throughout the first Trump Administration, USDOT released multiple iterations of autonomous vehicle frameworks. In 2020, NHTSA started the AV TEST (Transparency and Engagement for Safe Testing) initiative, compiling voluntarily submitted testing information from states and companies into a public database. In 2021 NHTSA’s Standing General Order was first released requiring companies to “report to the agency certain crashes involving vehicles equipped with automated driving systems or SAE Level 2 advanced driver assistance systems.”

In 2024, the Biden Administration released voluntary safety guidelines for self-driving vehicles. The safety guidelines did not include specific performance standards for vehicles but instead created the structure for a voluntary program in which autonomous vehicle companies would provide safety data and undergo independent safety assessments. NHTSA planned to then utilize this information to set performance metrics. In September 2024, the Biden Administration’s Department of Commerce announced a notice of proposed rulemaking to prohibit the sale or import of vehicle connectivity systems and automated driving systems from countries of concern.

In April 2025, USDOT Secretary Duffy announced NHTSA’a updated regulatory framework, with the express goal of creating a more welcoming environment for vehicle innovation while still prioritizing safety.  This includes maintaining but streamlining reporting on its Standing General Order on Crash Reporting for vehicles with advanced driver assistance systems and automated driving systems. The agency also seeks to modernize the Federal Motor Vehicle Safety Standards (FMVSS) to better incorporate autonomous vehicles. NHTSA also expanded the Automated Vehicle Exemption Program to domestic vehicles. The first domestic demonstration exemption was issued to Zoox in August.

According to a letter sent to autonomous vehicle manufacturers from NHSTA in April, the agency is actively working to develop a regulatory framework for ADS-equipped vehicles. NHTSA’s AV Framework principles are (1) prioritizing safety of ongoing AV operations, (2) unleashing innovation through the removal of regulatory barriers, and (3) enabling commercial deployment to enhance safety and mobility.

In addition to this activity from NHSTA and likely more to come, certain stakeholders are campaigning for congressional legislation. This week the United for Autonomy coalition was announced, with a multitude of stakeholders including safety advocates and technology associations. In January 2025, the Autonomous Vehicle Industry Association (AVIA), a member of the United for Autonomy coalition, released its federal policy framework. The framework calls for congressional action to require AV companies to develop privacy plans for the use of consumer data, remove requirements for manual controls for performance standard compliant Level 4 or Level 5 ADS vehicles, establish a national AV safety data repository through NHSTA, and increase funding levels for NHSTA and FMCSA to enhance AV industry regulation activities. Their framework also calls for passing the AV Accessibility Act introduced by Rep. Greg Staton (D-AZ) in July 2025.

Interested in Discussing Further? On Wednesday, December 10, 1:00-3:00 p.m. EST, the Eno Center will host a roundtable discussion on the topic of the role of the federal government in ensuring the safe transition to roadways shared between autonomous and non-autonomous vehicles and all other roadway users. Roundtable participants will discuss several key questions including:

• What, if any, gaps exist in the existing federal regulatory structure of autonomous vehicles?
  • When, if at all, in the deployment timeline should Congress move forward on a federal framework?
  • Are there downsides to federal preemption of existing state regulations?
• Without any additional steps from Congress, are there actions NHSTA and FMCSA can and should take to update their existing oversight of AV deployments?
  • NHTSA’s AV Framework highlights safety, innovation, and enhanced mobility. How can federal regulation enhance these elements of AV deployment? What other factors should lawmakers/regulators consider?

We are opening up the roundtable for ETW subscribers and organization members with relevant expertise in autonomous vehicles policy to attend. RSVP by Wednesday, December 3. This event will be open to a limited number of participants.

Questions/RSVP: Reach out to Grace Truslow with any questions, comments, or RSVP: gtruslow@enotrans.org