While the National Highway Traffic Safety Administration (NHTSA) says there are no self-driving cars (and we say so ourselves), there are some cars on the road today that allow for hands-free driving for periods of time, including General Motors models with their evolving Super Cruise technology. But no system, whether Super Cruise, Tesla’s Autopilot, or other systems offered by other automakers, can drive on every road in the U.S. – not at all.
That day is approaching; it’s just a question of when. Though it may take decades, the ultimate goal of advanced automated driver assistance systems is to completely eliminate stressed, distracted, intoxicated, or otherwise fatigued drivers, dramatically making our roads safer, enabling mobility for all, and optimizing the movement of goods and services. With that inevitability in mind, several states have begun to enact autonomous vehicle laws. Let’s take a look at which states have taken action, which have not, and which are still in the research, planning, or testing stages of enacting autonomous vehicle laws and regulations.
Which states will allow self-driving cars, which won’t, and which will require someone to be in the driver’s seat?
Currently, 21 states have laws allowing the introduction of self-driving cars, 6 states have laws only for large trailer trucks, and 13 states and Washington, D.C. are investigating laws for these types of vehicles. This means that as of now, only 10 states have no laws on self-driving cars or no formally announced investigations.
Of the 27 states that have self-driving car laws or regulations, 12 have provisions regarding the level of autonomy a vehicle can have (as defined by the Society of Automotive Engineers (SAE)), and many of those states require a licensed driver to be at the wheel and supervise the autonomous technology. States have varying interpretations of how these vehicles should be operated, including:
Michigan allows testing of any “self-driving vehicles” and the deployment of “on-demand self-driving” vehicle networks. The state doesn’t require someone to be behind the wheel, but does require that someone have a driver’s license.
Pennsylvania has voluntary guidelines for testing fully autonomous vehicles and also allows the use of autonomous “work zone vehicles.” But while these vehicles, which Pennsylvania calls “highly automated vehicles,” must have a “licensed human driver” at the wheel, “work zone vehicles” do not require a human to be in the car.
Oklahoma’s new rules allow self-driving cars to operate, but as of this writing there are no rules or laws dictating whether someone needs to be in the driver’s seat or whether that driver needs to be licensed.
Seven states — Florida, Georgia, Nevada, North Carolina, North Dakota, Utah and West Virginia — don’t require a driver to be in the driver’s seat or have a license if the vehicle is deemed SAE Level 4 or 5 compliant.
Arizona, Kansas, and Nebraska require a licensed driver to be behind the wheel in case a human operator needs to take over, but don’t require one otherwise. Kansas is the only state of these three that requires fully driverless vehicles to operate with a driver for the first 12 months. At the same time, the state doesn’t require a human to be present if there are no manual controls or the vehicle isn’t intended to carry a human passenger.
New Hampshire only requires a licensed driver when the vehicle is in testing; otherwise, if it does not require human intervention at any time, it does not need to be licensed. Texas and Tennessee do not require a driver to be present in a self-driving car, nor do they require a license for that driver to be present.
In Arkansas, Alabama, and Louisiana, only commercial vehicles can drive autonomously on the roads. Arkansas specifies that fully autonomous vehicles do not need a steering wheel (or seat belts or rearview mirrors), but they must be fully capable of achieving a “minimal risk condition” in the event of a breakdown. What that means is not clearly defined in the law, but autonomous vehicles must be able to handle an accident, come to a complete stop, not impede traffic (or impede as little as possible) if possible and drivable, and wait until authorities arrive. In Louisiana, if a vehicle uses a remote driver, that driver must have a driver’s license, but Alabama doesn’t address the driver question at all and does not require operators to have a license.
Platooning of autonomous large trucks
Another application that could revolutionize autonomous vehicle operation in the future is the concept of platooning, a technique in which vehicles, usually long-haul trucks, drive close to each other in a single file to reduce wind resistance and increase efficiency. Platooning is similar in scope to drafting in motorsports, except there is no need to overtake. Several states that have autonomous vehicle laws also have laws that allow platooning. Currently, 14 of the 34 states that allow some form of autonomous vehicle operation also allow platooning for large trucks.
When it comes to automated platooning, most of the current laws only apply to active systems with a driver on board, but some states don’t really clarify what those active systems are, saying only that the truck must have “cooperative adaptive cruise control or other automated driving technology” without elaborating on what level of technology that is.
Interestingly, Indiana, Kentucky, Oregon, South Carolina, Wisconsin, and Mississippi have laws that allow autonomous trucks to platoon (if plans are submitted in advance and approved), but no autonomous vehicle laws for other vehicles. The minimum distance these vehicles can follow each other varies from state to state, with many having a simple “sufficient space” requirement. The legal minimum is 200 feet in Arkansas, and the maximum is 500 feet in Michigan, Nevada, and Wisconsin.
Alabama, California, Iowa and Minnesota are also investigating legislation regarding platooning of large trucks (self-driving or not), have bills pending passage, or have laws on the books but are waiting for other related legislation to be passed to make it official.
States that are just studying the law
What about states that don’t have laws in place yet but are studying requirements and safety rules for autonomous vehicles, or that currently have interim rules that allow for driverless testing of autonomous vehicles? Of the 13 states and the District of Columbia that are testing or studying autonomous vehicles for use on roads and highways, only five states require that a person be present in the vehicle to drive. As with other states with established rules and laws, whether a driver is required depends on whether the vehicle is SAE Level 4 or Level 5 capable, but this is not the case in all cases.
Washington, Maine, Ohio, and Washington DC don’t require someone to be in the driver’s seat, but Washington requires that if someone is driving, they must be licensed. Virginia is silent on whether someone needs to be in the car (and therefore doesn’t say whether the driver needs to be licensed). New Mexico depends on the type of vehicle. Maine and Hawaii are silent on whether someone needs to be licensed, but Hawaii requires that someone must be in the driver’s seat.
Insurance requirements for autonomous vehicles
When it comes to insurance for self-driving cars, most states that allow for full deployment also have insurance requirements. Nine states only require that vehicles carry automobile liability insurance that meets the state’s minimum standards, but Oklahoma requires $1 million in insurance for self-driving cars, while California and Tennessee require $5 million in insurance for self-driving cars. Georgia, New Hampshire, and West Virginia require that vehicles carry the minimum automobile liability insurance allowed by state law, even if there is no driver in the car. Nevada requires companies or individuals wanting to test self-driving cars to carry $5 million in liability insurance and requires companies to carry $1.5 million in insurance.
Of the states that only allow commercial deployment, Alabama and Louisiana have a $2 million insurance coverage requirement. Arkansas requires that “self-driving vehicle programs” comply with “minimum liability insurance coverage requirements,” a law that went into effect in the state in January 2021, but no further provisions are required. Colorado is the only exception among states that allow the full deployment of self-driving cars. It does not require liability insurance or a licensed driver to be in the driver’s seat at all times.
Among states whose autonomous vehicle laws are still in the testing or research stages, Virginia and Hawaii stand out with regards to insurance. Virginia has no insurance mandate, and Hawaii does not address the issue in its laws as of this writing. All other states require insurance, with seven of them requiring a minimum of $5 million worth of coverage. Only Massachusetts also requires applicants to carry commercial general liability, automobile liability, and workers’ compensation insurance.
Conclusion
This means that current laws, rules and regulations regarding the operation of self-driving cars are often vague and vary widely from state to state. Some states require a driver, others don’t. Some don’t require insurance, others require as much as $5 million in coverage. And some states don’t have laws at all yet.
It’s not realistic to have the same laws in every state, but surely there should be some kind of comprehensive state and federal guidelines, so that one day when you drive hands-free across state lines, you’re not going to be busted for not being in control of your car, even though your car is controlling itself. The same goes for insurance: state-to-state requirements should be close enough that no one will be short of insurance when they cross state lines, whether or not a human is driving — whether or not there are wheels behind the wheel.
While it is true that mass adoption of highly automated vehicles for personal and commercial use is still a decade or more away, it seems reasonable to enact and gain broad consensus on autonomous vehicle laws across the U.S. Such laws should be clear, concise, and apply to all vehicles capable of driving themselves. And given how quickly technology is changing, they should be enacted sooner or later, before inaction leads to a series of tragic consequences that ultimately force fundamental change.
