Nation’s highways being used as testing ground for AVs, OOIDA says

According to multiple surveys, the majority of Americans don’t trust self-driving vehicles. Regardless, autonomous cars and trucks are already deployed on the nation’s highways.

Are lawmakers and regulators doing their part to make sure AVs are safe?

The Owner-Operator Independent Drivers Association recently raised concerns about the lack of safety protocols in place to guard against an imperfect technology as well as various cybersecurity implications.

In late August, OOIDA sent letters to leaders of the House Energy & Commerce Committee, asking them to prioritize safety.

“Our members make their living behind the wheel of a truck, and they are justifiably concerned that our nation’s roads are currently being used as a testing track for driverless technology,” OOIDA wrote in comments signed by President Todd Spencer. “Whether it may be an AV truck that fails to drive safely or an AV that is compromised and controlled by a bad actor, these scenarios present a direct threat to safety. Failure to protect against these risks would effectively prioritize the deployment of new technology over the well-being of America’s truckers and the driving public.”

Most of the federal reporting requirements regarding autonomous vehicles are voluntary. OOIDA told lawmakers that this must change.

“The federal government must require companies to provide data detailing the performance of their vehicles, including mandatory testing, safety and crash reporting requirements,” OOIDA wrote. “This will give the public direct and easy access to performance information about vehicles they share the road with.”

Cybersecurity concerns

Even if driverless technology can operate safely, what has been done to ensure that a bad actor doesn’t seize control of the vehicle?

Last year, the U.S. Department of Commerce’s Bureau of Industry and Security described the national security threat related to connected and autonomous commercial motor vehicles as “grave.” However, no final rule has been issued to combat this threat.

The current electronic logging device mandate for commercial motor vehicles already creates cybersecurity concerns.

“Congress must also ensure AVs are properly protected against cyberattacks,” OOIDA wrote. “On this issue, there are parallels to technology security concerns in the trucking industry: Congress mandated that heavy-duty CMVs are outfitted with and use an electronic logging device (ELD) to track a driver’s duty status and location. Many of these devices are hardwired into the truck and have access to critical components, but Congress failed to require any cybersecurity or certification requirements for ELDs.”

Researchers at Colorado State University found that they were able to take control of a truck’s accelerator by accessing the ELD.

“Before allowing for the deployment of autonomous trucks or vehicles, Congress must mandate that these vehicles meet strong safety and cybersecurity standards,” OOIDA wrote. “Failure to do so will put America’s truckers and the motoring public at risk.”

Safety concerns

“Identifying Research Gaps through Self-Driving Car Data Analysis,” co-authored by Missy Cummings of George Mason University, dove into the safety aspects autonomous vehicles present.

Artificial intelligence is not reasoning or thinking like a human, Cummings said.

“If not designed correctly, automation or autonomy can lead to some catastrophic events,” Cummings told Trucking with OOIDA. “If we can’t figure out how to address the phantom braking problem, self-driving trucking is never going to work. It’s also going to severely limit the self-driving car.”

America Drives Act

In late July, Rep. Vince Fong, R-Calif., introduced a bill that would establish a national framework for autonomous vehicle trucking.

The America Drives Act would preempt state laws pertaining to autonomous commercial vehicles while supporting the deployment and regulation of autonomous vehicles in interstate commerce.

If this proposal becomes law, states would not be allowed to prohibit the operation of commercial motor vehicles with Level 4 or Level 5 automated driving systems based on the absence of a human occupant.

“By establishing a federal framework for autonomous trucks and empowering the Department of Transportation to set practical regulations, we can safely scale this emerging technology nationwide,” Fong said. “The America Drives Act provides a clear path for adoption across state lines, helping support supply chain efficiency, strengthen domestic commerce and ensure the United States remains unbeatable in the global marketplace.”

An exemption for fully autonomous trucks from human-specific requirements, such as hours of service and drug testing, is included in the America Drives Act.

The bill would also align with a 2023 FMCSA exemption request that a flashing, cab-mounted beacon be used for a disabled commercial vehicle instead of warning triangles.

The Autonomous Vehicle Industry Association threw its support behind a Congressional effort to establish autonomous vehicle regulations.

“Congressman Fong’s bill is exactly the bold action needed to cement U.S. leadership in this transformative field,” said Jeff Farrah, CEO of the Autonomous Vehicle Industry Association. “By embracing the benefits of autonomous trucking, this bill would strengthen American supply chains, enhance road safety and keep the U.S. at the forefront of global transportation innovation. We look forward to working with lawmakers and the administration to advance smart AV policy that prioritizes both safety and innovation.”

As part of recent comments to the U.S. Department of Transportation, OOIDA opposed the America Drives Act.

“HR4602 would similarly push the deployment of AV trucks without establishing the necessary federal oversight to prioritize safety performance over private investment returns,” Spencer wrote. LL