(a) Short title

This Act may be cited as the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act of 2026 or the SELF DRIVE Act of 2026.

(b) Table of contents

The table of contents for this Act is as follows:

(a) In general

Subchapter II of chapter 301 of subtitle VI of title 49, United States Code, is amended by adding at the end the following:

30130. Motor vehicle safety standards for automated driving systems

(a) Definitions

(1) In general

Except as provided in paragraph (2), in this section and sections 30103, 30112, 30122, and 30131:

(A) ADS-dedicated vehicle

The term ADS-dedicated vehicle means an ADS-equipped vehicle designed to be operated exclusively by a Level 4 or Level 5 automated driving system in driverless operation under any routine or normal operating condition during any trip within the operational design domain of the vehicle.

(B) ADS-equipped vehicle

The term ADS-equipped vehicle means any motor vehicle equipped with an automated driving system.

(C) Automated driving system; ADS

The terms automated driving system and ADS—

(i)

mean the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; and

(ii)

include only a system that meets the definition of Level 3, Level 4, or Level 5 automation.

(D) DDT fallback

The term DDT fallback means, after a DDT performance-relevant system failure or upon the exit of an ADS-equipped vehicle from the operational design domain of that vehicle—

(i)

the response by the in-vehicle fallback-ready user to perform the dynamic driving task or to achieve an MRC; or

(ii)

the response by an automated driving system to achieve an MRC.

(E) DDT performance-relevant system failure

The term DDT performance-relevant system failure means a malfunction in an ADS, another vehicle system, or both that prevents the ADS from reliably performing the DDT on a sustained basis.

(F) Dynamic driving task; DDT

The terms dynamic driving task and DDT—

(i)

mean all of the real-time operational and tactical function required to operate a motor vehicle in on-road traffic;

(ii)

exclude any strategic function, such as trip scheduling and selection of a destination or waypoint; and

(iii)

include—

(I)

lateral vehicle motion control through steering;

(II)

longitudinal motion control through acceleration and deceleration;

(III)

monitoring of the driving environment through object and event detection, recognition, classification, and response preparation;

(IV)

object and event response execution;

(V)

maneuver planning; and

(VI)

enhancement of conspicuity through lighting, sounding the horn, signaling, gesturing, or another indicator.

(G) Fallback-ready user

The term fallback-ready user means a user of a motor vehicle equipped with an engaged Level 3 ADS feature who—

(i)

is properly qualified and able to operate the vehicle; and

(ii)

is receptive to an ADS-issued request to intervene and to evident DDT performance-relevant system failure in the vehicle.

(H) In‑vehicle fallback‑ready user

The term in-vehicle fallback-ready user means a fallback‑ready user who is seated in the driver’s seat.

(I) Level 3; Level 4; Level 5

The terms Level 3, Level 4, and Level 5 have the meaning given those terms in the April 2021 edition of the J3016 recommended practice of SAE International, Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles.

(J) Minimal risk condition; MRC

The terms minimal risk condition and MRC mean a stable, stopped condition to which an in-vehicle fallback-ready user or an ADS may bring a motor vehicle after performing the DDT fallback in order to reduce the risk of a crash when a trip cannot or should not be continued.

(K) Operational design domain; ODD

The terms operational design domain and ODD mean the operating conditions under which an ADS, or feature thereof, is specifically designed to function, including any environmental, geographical, and time-of-day restriction, or the requisite presence or absence of certain traffic or roadway characteristics.

(L) Secretary

The term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration.

(M) Vulnerable road user

The term vulnerable road user—

(i)

means an individual who is present on or in close proximity to a road but is not an occupant of a motor vehicle with more than 3 wheels; and

(ii)

includes a pedestrian, bicyclist, motorcyclist, individual in a wheelchair, and a rider or occupant of any other transport vehicle that is not a motor vehicle, such as an all-terrain vehicle or tractor.

(2) Update to definitions

(A) Use of SAE International definitions

The Secretary shall use any definition set forth in April 2021 edition of the J3016 recommended practice of SAE International, Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles for any term defined in paragraph (1).

(B) Review

(i) In general

Not later than 180 days after the date on which any definition for an automated driving system described in subparagraph (A) is released by SAE International, the Secretary—

(I)

shall publish in the Federal Register a review on the clarity and objectivity of such definition; and

(II)

may provide feedback to SAE International with suggestions for updates to any such definition.

(ii) Use of revised standard

(I) Determination

Not later than 120 days after the date on which SAE International revises a definition described in subparagraph (A), the Secretary, after publishing notice of the revision in the Federal Register, shall determine whether to revise any term defined in paragraph (1).

(II) Effect of decision not to adopt a revised definition

If the Secretary decides not to adopt a revised definition—

(aa)

the Secretary shall notify SAE International of the decision by the Secretary; and

(bb)

the definitions described in subparagraph (A) shall remain in effect.

(b) Automated driving system requirements

(1) In general

(A) Safety case required

A manufacturer may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States any automated driving system or ADS-equipped vehicle unless the manufacturer has developed a safety case for the automated driving system or ADS-equipped vehicle that meets the requirements described in paragraph (3).

(B) Regulations and procedures

Consistent with paragraphs (3), (4), and (5), the Secretary may prescribe regulations to establish—

(i)

objective content requirements for a safety case; and

(ii)

procedures for manufacturers to certify the completion of a safety case and provide the safety case to the Secretary upon request under section 30166.

(C) Modification of ADS competencies by Secretary

The Secretary may prescribe motor vehicle safety standards that define, modify, or interpret the ADS competencies described in paragraph (5).

(2) Safety standard to require safety case

(A) Safety standard

Not later than September 30, 2027, the Secretary of Transportation shall issue a final rule that prescribes a motor vehicle safety standard under section 30111 that requires each manufacturer that manufactures for sale, sells, offers for sale, introduces or delivers for introduction in interstate commerce, or imports into the United States an ADS-equipped vehicle or an automated driving system intended for installation in a motor vehicle not originally equipped with such system to—

(i)

complete a safety case described in paragraph (3) for each ADS version produced by the manufacturer that meets the requirements described in this section; and

(ii)

provide the safety case to the Secretary upon request under section 30166.

(B) Deadline

If the Secretary does not meet the deadline described in subparagraph (A), the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes the reasons why the deadline was not met.

(C) Special rule

Any motor vehicle safety standard issued under this paragraph supersedes any conflicting requirement under paragraph (1).

(3) Requirements for safety case

A safety case described in paragraphs (1) and (2) shall provide claims, supported by arguments and evidence, that support the conclusion of the manufacturer that the design, construction, and performance of the automated driving system to be used in an ADS-equipped vehicle will not present an unreasonable risk of accidents, death, or injury, and shall include:

(A)

A description of each hardware and software element of the ADS that includes the following:

(i)

Braking, steering, and computing capability.

(ii)

Redundancies.

(iii)

Each capability of the suite of sensors of the ADS.

(iv)

The integration of the ADS into the vehicle platform, including its propulsion system.

(B)

A complete description of the operational design domain of the ADS and how the ADS performs each element of the dynamic driving task within the ODD of the ADS.

(C)

Each engineering methodology, including each hazard analysis used to design and assess the performance of the ADS and ensure motor vehicle safety.

(D)

Analysis of the safety performance of the ADS that uses the methodology described in subparagraph (C), including each competency in normal driving and crash avoidance capability and the acceptance criteria used by the manufacturer in assessing such performance.

(E)

An explanation of how the ADS anticipates and responds to any potential crash.

(F)

A description of any vehicle-integrated system that provides a visual or digital hazard that alerts a nearby road user when the vehicle executes or enters a minimal risk condition, including any system that automatically activates a high-conspicuity lighting pattern, transmits a digital hazard message, or both, to any connected vehicle and roadway infrastructure.

(G)

An explanation of how the ADS-equipped vehicle meets each competency listed in paragraph (5).

(4) ADS competencies

The competencies described in this paragraph are the following:

(A)

An ADS can perform the entire DDT within the ODD of the ADS and is able to recognize the boundaries of its ODD.

(B)

An ADS can detect and respond appropriately to any vulnerable road user likely to be present and in proximity to the ADS in the relevant ODD.

(C)

In the case of a Level 3 ADS, the ADS has the ability to clearly and unambiguously communicate ADS status and whether a user is a fallback ready user and, during any transfer of control to the fallback-ready user, to provide sufficient lead time for the fallback-ready user to safely assume the DDT and safely maintain vehicle control until the fallback-ready user has assumed control and the transfer is completed.

(D)

In the case of a Level 4 and Level 5 ADS, the ADS has the ability to safely achieve an MRC when necessary.

(E)

An ADS can detect the limits of the ODD of the ADS and respond appropriately when 1 or more conditions of the ODD are no longer met, whether by achieving an MRC or, in the case of a Level 3 ADS, alerting the fallback-ready user to intervene and assume control of the DDT.

(F)

An ADS is can detect and respond to any object or event, including emergency vehicles, emergency personnel, and school buses likely to be present and in proximity to the ADS in the relevant ODD and relevant to any driving decision of the ADS.

(G)

An ADS can comply with any applicable State or local traffic law and any law relevant to the performance of the DDT.

(H)

A description of a cybersecurity plan that includes the following:

(i)

A written cybersecurity policy with respect to the practices of the manufacturer to detect and respond to cyber attacks, unauthorized intrusions, and false vehicle control commands.

(ii)

A process to identify, assess, and mitigate reasonably foreseeable cyber risks related to motor vehicle safety from cyber attacks or unauthorized intrusions, including false and malicious vehicle control commands.

(iii)

A process to take preventive and corrective action to mitigate against reasonably foreseeable cyber risks related to motor vehicle safety in an automated driving system or ADS-equipped vehicle, including incident response plans, unauthorized intrusion detection and prevention systems that safeguard key controls, systems, and procedures through testing or monitoring, and updates to such process based on changed circumstances.

(5) Report required

Not later than four years after enactment of this Act, the Secretary shall submit a report to the House Commerce on Energy and Commerce and Senate Committee on Commerce, Science, and Transportation that shall include recommendations for potentially needed new standards specific to ADS and ADS-equipped vehicles that the Secretary finds necessary to promulgate under 49 U.S.C. 30111.

(c) Manual controls

(1) Requirements

A manufacturer may not sell, offer for sale, introduce or deliver for introduction into commerce, or import into the United States any ADS-dedicated vehicle that is configured or subsequently altered to carry 1 or more occupants, unless the vehicle is equipped to—

(A)

provide an occupant inside of the vehicle with the means from within the vehicle to command that the ADS safely achieve an MRC; and

(B)

after the vehicle has achieved an MRC, allow the occupant to safely exit the vehicle.

(2) Exemption from motor vehicle safety standards

(A) Manually operated controls and equipment

If a vehicle is equipped with the system described in paragraph (1), a motor vehicle safety standard issued under section 30111 may not require the manufacturer to equip the vehicle with manually operated controls and equipment intended only to support a human driver in an ADS-dedicated vehicle.

(B) Vehicle configured to carry property

A motor vehicle safety standard issued under section 30111 may not be applied to require a manufacturer of an ADS-dedicated vehicle configured solely to carry property and not one or more occupants to comply with the standard by equipping the vehicle with manually operated controls and equipment intended only to support a human driver in an ADS-dedicated vehicle.

30131. National Automated Vehicle Safety Data Repository

(a) Definitions

In this section:

(1) Covered crash

The term covered crash means a crash on a publicly accessible road in the United States—

(A)

that involves—

(i)

a fatality;

(ii)

an injury that results in a person being transported from the scene of the crash to a hospital for medical treatment;

(iii)

an airbag deployment;

(iv)

a strike of a vulnerable road user;

(v)

the towing of a vehicle; and

(B)

in which the automated driving system was engaged at any time during the period from 30 seconds immediately prior to the commencement of the crash through the conclusion of the crash.

(2) Repository

The term repository means the National Automated Vehicle Safety Data Repository established pursuant to subsection (b).

(3) State transportation regulatory agency

The term State transportation regulatory agency means a department of motor vehicles, department of transportation, or equivalent State or local agency.

(b) Rulemaking required

Not later than September 30, 2026, the Secretary of Transportation shall issue a final rule that includes the following:

(1)

The establishment of a National Automated Vehicle Safety Data Repository to receive and store data from a covered crash from manufacturers of automated driving systems and from manufacturers of ADS-equipped vehicles.

(2)

A requirement, stated in objective terms, for such manufacturers to report to the Secretary for inclusion in the repository, not later than 30 days after the date on which a covered crash occurs or 10 days after the date on which a manufacturer receives notice of such crash, whichever is later, specific information known to the manufacturer about the crash that includes the following:

(A)

The time and location.

(B)

Each vehicle involved.

(C)

Whether a vulnerable road user was involved.

(D)

Any injuries that resulted from the crash.

(E)

Whether any local authority investigated the crash.

(F)

A summary of the circumstances surrounding the crash.

(3)

A requirement for such manufacturers to submit to the Secretary on a quarterly basis, a report on the total miles traveled with the ADS engaged of the ADS-equipped vehicles of the manufacturer during the previous quarter, including the total miles traveled in revenue service during commercial operations.

(4)

A process for a relevant State transportation regulatory agency to access information from a covered crash described in paragraph (2) in a timely manner.

(5)

A requirement that—

(A)

any information shared with a relevant State or local transportation regulatory agency is protected by the confidential business information protections and procedures established in part 512 of title 49, Code of Federal Regulations, and is exempt from disclosure under sections 552(b)(3) and section 552a of title 5; and

(B)

any such relevant State or local transportation regulatory agency is subject to the same confidential business information protections and procedures established in such part 512.

(6)

The establishment of a system to publicly share the data collected for the repository, subject to the confidential business information protections and procedures established in part 512 of title 49, Code of Federal Regulations.

(7)

A requirement to minimize the duplication of information about a covered crash described in paragraph (2) and any other publicly reported data in the repository.

(8)

A requirement for a manufacturer to report whether an ADS-equipped vehicle involved in a covered crash was authorized to operate pursuant to section 30112(b)(10).

(c) Sunset for quarterly mileage reports

(1) Total miles traveled

Except as provided in paragraph (2), the requirement described in subsection (b)(3) does not apply beginning on the date that is 5 years after the date on which a final rule is issued pursuant to subsection (b).

(d) Repeal

Standing General Order 2021–01 issued by the National Highway Traffic Safety Administration does not apply to an ADS-equipped vehicle beginning on the compliance date of the final rule issued pursuant to subsection (b).

(e) Effective date

This section shall take effect on September 30, 2026.

(b) Technical and conforming amendment

The table of sections for subchapter II of chapter 301 of subtitle VI of title 49, United States Code, is amended by adding at the end the following:

(c) Enforcement authority

Section 30165(a)(1) of title 49, United States Code, is amended by inserting 30130, 30131, after 30127,.

(3) Federal preemption for automated driving systems and ads-equipped vehicles

(A) In general

Except as provided in subparagraph (B), a State, or political subdivision of a State, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of the State, or political subdivision of the State, that—

(i)

prohibits in whole or in part a manufacturer from manufacturing for sale, selling, offering for sale, introducing or delivering for introduction into interstate commerce, or importing into the United States any automated driving system or ADS-equipped vehicle if the manufacturer develops a safety case described in section 30130(b)(3) for the automated driving system or ADS-equipped vehicle; or

(ii)

requires manufacturers of automated driving systems and manufacturers of ADS-equipped vehicles to report information about a covered crash to a State or a political subdivision of a State.

(B) Exceptions

Notwithstanding subparagraph (A)—

(i)

a State may enforce a law or requirement that is identical to a law or requirement under subparagraphs (A) or (B) of section 30130(b)(1) or section 30131; and

(ii)

compliance with subparagraphs (A) or (B) of section 30130(b)(1) or section 30131 does not exempt a person from liability at common law.".

(C)

Nothing in this paragraph shall be construed to limit or preempt State or local authority over:

(i)

traffic laws;

(ii)

vehicle registration;

(iii)

safety and emissions inspections;

(iv)

congestion management of vehicles operating within a State or political subdivision of a State;

(v)

insurance;

(vi)

generally applicable consumer protection laws; or

(vii)

environmental laws or regulations.

(D)

Nothing in this paragraph may be construed to prohibit a State or a political subdivision of a State from maintaining, enforcing, prescribing, or continuing in effect any law or regulation relating to the sale, distribution, repair, or service of ADS-equipped vehicles or automated driving systems, by a dealer, manufacturer, or distributor.

(1)

in subsection (b)(10)—

(2)

by adding at the end the following:

(c) Commercial operations permitted for testing or evaluation for ads-equipped vehicles

(1) Authorization by Secretary

Subject to paragraph (2), the Secretary may authorize a manufacturer that conducts testing or evaluation under subsection (b)(10) to undertake limited commercial operations for an ADS-equipped vehicle, including through the carrying of members of the public as passengers and transporting of freight, as part of the testing or evaluation.

(2) Consideration for evaluation

Any limited commercial operation authorized by the Secretary pursuant to paragraph (1) shall consider the operational use case of the manufacturer, the objectives of the manufacturer for the testing or evaluation, and be subject to limitations established by the Secretary based on the operational use case to ensure that the testing or evaluation under this subsection does not constitute de facto deployment of non-compliant motor vehicles, which may include—

(A)

reasonable limitations (on a jurisdiction-by-jurisdiction basis) on the number of participating motor vehicles, mileage, revenue generation, or duration of deployment; and

(B)

any additional oversight and transparency requirements determined by the Secretary consistent with the authority of the Secretary described elsewhere in this chapter.

(1)

by inserting (1) In general. before A manufacturer; and

(2)

by adding at the end the following:

(2) Exception

Paragraph (1) does not apply in a case in which a manufacturer intentionally causes a device or element of a design relating to the performance of the dynamic driving task by a human driver to be temporarily disabled or altered in their functionality for safety reasons during the time that an automated driving system is engaged and capable of performing the entire dynamic driving task.

(3) Compliance with section 30130 required for exception

Any manufacturer that claims the exception described in paragraph (2) shall comply with section 30130(b).

(a) Review

Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the head of any relevant agency, shall review the implementation of the final rule Securing the Information and Communications Technology and Services Supply Chain: Connected Vehicles (90 Fed. Reg. 5360).

(b) Briefing

Not later than 60 days after the date of the completion of the review described in subsection (a), the Secretary of Commerce shall provide a briefing on implementation of the final rule to the Committees on Energy and Commerce and Foreign Affairs of the House of Representatives and the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate.

(c) Agency defined

In this section, the term agency has the meaning given that term in section 551 of title 5, United States Code.