H.R. 4661 — AMERICA DRIVES Act

This section establishes new authority at 49 U.S.C. §31140 for commercial motor vehicles equipped with a Level 4 or Level 5 automated driving system (ADS)—defined per SAE International’s J3016 standard as capable of full driving automation under defined conditions (Level 4) or all conditions (Level 5) with no human intervention—to operate in interstate commerce without a human driver on board or a remote human driver. (Thus, this preempts state laws requiring a human occupant in such vehicles.) It further directs the Secretary of Transportation to issue implementing regulations (with no mandate to equip vehicles with ADS) and adds related definitions to 49 U.S.C. §31132, including “ADS-equipped vehicle” and “automated driving system” or “ADS” (i.e., hardware and software performing the entire dynamic driving task at SAE levels 3, 4, or 5).

This section addresses regulatory obstacles to automated driving system (ADS)-equipped commercial motor vehicles (CMVs) as follows: (1) Directs the Secretary of Transportation, not later than September 30, 2027, to address the applicability of 49 CFR parts 350 through 399 (i.e., Federal Motor Carrier Safety Regulations) to ADS-equipped CMVs, consistent with the advance notice of proposed rulemaking published May 28, 2019 (84 Fed. Reg. 24449), by— (A) amending such regulations to integrate ADS into CMV operations, including clarifying that regulations reasonably applicable only to human drivers (e.g., hours of service, drug testing, electronic logging devices, commercial driver’s licenses, and physical qualification requirements) do not apply to an ADS or ADS-equipped CMVs operating exclusively with an ADS engaged and without a human driver on board; and (B) defining— (i) “remote driver” as a driver not seated to manually exercise in-vehicle braking, accelerating, steering, and transmission gear selection input devices (if any), but able to operate the vehicle; and (ii) “remote assistance” as event-driven provision, by a remotely located human, of information or advice to an ADS-equipped vehicle in driverless operation to facilitate trip continuation when the ADS encounters a situation where remote assistance could provide clarity; (2) Prohibits the Secretary from issuing a regulation that unduly burdens motor carriers operating ADS-equipped vehicles or discriminates against ADS-equipped vehicles relative to other CMVs; (3) Amends federal limits on state regulation of CMV width—generally preempting states (except Hawaii) from enforcing limits other than 102 inches on the Interstate System and qualifying Federal-aid highways—to exclude automated driving system technologies or equipment from width calculations (i.e., such equipment does not count toward the 102-inch limit, similar to safety and energy conservation devices); and (4) Applies definitions in 49 U.S.C. 31132 to this section.

This section directs that 49 CFR §§392.22 and 393.95(f)—which require commercial motor vehicle drivers to display emergency warning signals (i.e., fusees or reflective triangles) when stopped in certain hazardous locations—and related regulations be applied to include cab-mounted warning beacons as permissible devices, consistent with the exemption application proposed by FMCSA on March 3, 2023 (88 Fed. Reg. 14665, Docket No. FMCSA–2023–0071). (Thus, CMV drivers may use cab-mounted beacons instead of traditional signals.)