Congress' automated driving bills are both more and less than they seem

Bills being considered by Congress deserve our attention--but not our full attention. To wit: When it comes to safety-related regulation of automated driving, existing law is at least as important as the bills currently in Congress (HB 3388 and SB 1885). Understanding why involves examining all the ways that the developer of an automated driving system might deploy its system in accordance with federal law as well as all the ways that governments might regulate that system. And this examination reveals some critical surprises. As automated driving systems get closer to public deployment, their developers are closely evaluating how the full set of Federal Motor Vehicle Safety Standards (FMVSS) will apply to these systems and to the vehicles on which they are installed. Rather than specifying a comprehensive regulatory framework, these standards impose requirements on only some automotive features and functions.