HR 4661
America drives act
America Drives Act
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Bill overview
The AMERICA DRIVES Act amends U.S. code to clarify that commercial motor vehicles equipped with automated driving systems (ADS) can operate without a human driver or remote driver on board, effectively preempting state laws requiring human occupants. It also establishes definitions for key terms like ADS and Level 4/5 automation, and aims to streamline regulations related to these vehicles. Furthermore, the bill seeks to ensure regulatory parity and flexibility for motor carriers utilizing ADS technology.
Key provisions
- Clarifies that ADS-equipped commercial motor vehicles can operate without a human driver or remote driver.
- Defines ‘ADS’ and ‘Level 4/5’ automation according to SAE International standards.
- Streamlines regulations related to hours of service, drug testing, and driver licensing for ADS vehicles.
- Defines ‘remote driver’ and ‘remote assistance’ for ADS operations.
- Ensures regulatory parity for ADS-equipped vehicles compared to traditional commercial vehicles.
- Excludes automated driving system technologies and equipment from width calculations.
- Allows for the use of cab-mounted warning beacons as a permissible safety device.
Who is affected
- Motor carriers
- Commercial motor vehicle drivers
- The Department of Transportation
- State governments (due to preemption)
- Automated driving system manufacturers
Notable changes
- Preempts state laws requiring human occupants in ADS-equipped commercial vehicles.
Sponsors
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119th CONGRESS — 1st Session
H. R. 4661
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 49, United States Code, to clarify the preemption of State laws requiring a human occupant in an automated driving systems-equipped commercial motor vehicle, and for other purposes.
This Act may be cited as the Autonomous Mobility Ensuring Regulation, Innovation, Commerce, and Advancement Driving Reliability in Vehicle Efficiency and Safety Act AMERICA DRIVES Act
or the
.
Subchapter III of chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following:
a human driver on board such vehicle; or
a remote human driver.
The analysis for chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following:
Section 31132 of title 49, United States Code, is amended by adding at the end the following:
ADS-equipped vehicle
means a motor vehicle equipped with an automated driving system.
Automated driving system
or ADS
means—
hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such hardware or software is limited to a specific operational design domain;
includes only systems that meet the definition of automation levels 3, 4, or 5 under SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles
, or subsequent editions of J3016 adopted by the Secretary; and
does not include systems that provide only assistance to a human driver.
Level 4
has the meaning of that term as provided in the April 2021 edition of SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles
, or subsequent editions of J3016 adopted by the Secretary and refers to an ADS that is capable of providing full driving automation under defined conditions with no need for human intervention.
Level 5
has the meaning of that term as provided in the April 2021 edition of SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles
, or subsequent editions of J3016 adopted by the Secretary and refers to an ADS that is capable of providing full driving automation under all conditions with no need for human intervention.
Not later than September 30, 2027, the Secretary of Transportation shall address the applicability of sections 350 through 399 of title 49, Code of Federal Regulations to ADS-equipped commercial motor vehicles based on the advance notice of proposed rulemaking published on May 28, 2019 (84 Fed. Reg. 24449) that—
amends such sections to provide for the integration of automated driving systems into commercial vehicle operations, including updating any such sections that reasonably apply only to a human driver to clarify such regulations do not apply to an ADS or to an ADS-equipped vehicles operating with an ADS engaged and without a human driver on board, including hours of service, drug testing, electronic logging devices, commercial driver’s license, and physical qualification requirements; and
define the terms remote driver and remote assistance as follows:
The term remote driver
means a driver who is not seated in a position to manually exercise in-vehicle braking, accelerating, steering, and transmission gear selection input devices (if any), but is able to operate the vehicle.
The term remote assistance
means event-driven provision, by a remotely located human, of information or advice to an AD2202S-equipped vehicle in driverless operation in order to facilitate trip continuation when the automated driving system encounters a situation where remote assistance could provide clarity.
The Secretary may not issue a regulation that unduly burdens motor carriers operating ADS-equipped vehicles or discriminates against an ADS-equipped vehicle relative to other commercial motor vehicles.
Section 31113 of title 49, United States Code, is amended—
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
by inserting the following after subsection (b):
Width calculated under this section does not include automated driving system technologies or equipment.
The terms defined in section 31132 of title 49, United States Code, apply to this section.
Sections 392.22 and 393.95(f) of title 49, Code of Federal Regulations, and any related regulations shall be applied as if to include cab-mounted warning beacons as a permissible warning device, as proposed by the Exemption Application published on March 3, 2023 (88 Fed. Reg. 14665, Docket No. FMCSA–2023–0071).