119-hr4661

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4661 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4661

 To amend title 49, United States Code, to clarify the preemption of 
 State laws requiring a human occupant in an automated driving systems-
 equipped commercial motor vehicle, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 23, 2025

 Mr. Fong introduced the following bill; which was referred to the 
 Committee on Transportation and Infrastructure

_______________________________________________________________________

 A BILL

 To amend title 49, United States Code, to clarify the preemption of 
 State laws requiring a human occupant in an automated driving systems-
 equipped commercial motor vehicle, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Autonomous Mobility Ensuring 
Regulation, Innovation, Commerce, and Advancement Driving Reliability 
in Vehicle Efficiency and Safety Act'' or the ``AMERICA DRIVES Act''.

SEC. 2. PREEMPTION OF STATE LAWS REQUIRING A HUMAN OCCUPANT IN AN 
 AUTOMATED DRIVING SYSTEMS-EQUIPPED COMMERCIAL MOTOR 
 VEHICLE.

    (a) ADS-Equipped Commercial Motor Vehicle Operation.--

    (1) In general.--Subchapter III of chapter 311 of title 49, 
 United States Code, is amended by inserting after 

section 31139 
 the following:
``

Sec. 31140. ADS-equipped commercial motor vehicle operation
 ``

    (a) In General.--A commercial motor vehicle equipped with a Level 
4 or Level 5 ADS may be operated in interstate commerce without--
 ``

    (1) a human driver on board such vehicle; or
 ``

    (2) a remote human driver.
 ``

    (b) Regulations.--The Secretary of Transportation shall issue 
regulations as necessary to implement this section.
 ``
            (c) Statutory Construction.--Nothing in this subsection shall be 
construed to require a commercial motor vehicle to be equipped with an 
ADS.''.

    (2) Clerical amendment.--The analysis for chapter 311 of 
 title 49, United States Code, is amended by inserting after 
 

section 31139 the following:

``31140. ADS-equipped commercial motor vehicle operation.''.

    (b) 

=== Definitions. ===
-

Section 31132 of title 49, United States Code, is 
amended by adding at the end the following:
 ``

    (12) `ADS-equipped vehicle' means a motor vehicle 
 equipped with an automated driving system.
 ``

    (13) `Automated driving system' or `ADS' means--
 ``
        (A) hardware and software that are collectively 
 capable of performing the entire dynamic driving task 
 on a sustained basis, regardless of whether such 
 hardware or software is limited to a specific 
 operational design domain;
 ``
        (B) includes only systems that meet the 
 definition of automation levels 3, 4, or 5 under SAE 
 International's J3016 recommended practice titled 
 `Taxonomy and Definitions for Terms Related to Driving 
 Automation Systems for On-Road Motor Vehicles', or 
 subsequent editions of J3016 adopted by the Secretary; 
 and
 ``
            (C) does not include systems that provide only 
 assistance to a human driver.
 ``

    (14) `Level 4' has the meaning of that term as provided 
 in the April 2021 edition of SAE International's J3016 
 recommended practice titled `Taxonomy and Definitions for Terms 
 Related to Driving Automation Systems for On-Road Motor 
 Vehicles', or subsequent editions of J3016 adopted by the 
 Secretary and refers to an ADS that is capable of providing 
 full driving automation under defined conditions with no need 
 for human intervention.
 ``

    (15) `Level 5' has the meaning of that term as provided 
 in the April 2021 edition of SAE International's J3016 
 recommended practice titled `Taxonomy and Definitions for Terms 
 Related to Driving Automation Systems for On-Road Motor 
 Vehicles', or subsequent editions of J3016 adopted by the 
 Secretary and refers to an ADS that is capable of providing 
 full driving automation under all conditions with no need for 
 human intervention.''.

SEC. 3. REDUCING REGULATORY OBSTACLES TO SAFE INTEGRATION OF AUTOMATED 
 DRIVING SYSTEMS-EQUIPPED COMMERCIAL MOTOR VEHICLES.

    (a) Streamlining Regulations.--Not later than September 30, 2027, 
the Secretary of Transportation shall address the applicability of 
sections 350 through 399 of title 49, Code of Federal Regulations to 
ADS-equipped commercial motor vehicles based on the advance notice of 
proposed rulemaking published on May 28, 2019 (84 Fed. Reg. 24449) 
that--

    (1) amends such sections to provide for the integration of 
 automated driving systems into commercial vehicle operations, 
 including updating any such sections that reasonably apply only 
 to a human driver to clarify such regulations do not apply to 
 an ADS or to an ADS-equipped vehicles operating with an ADS 
 engaged and without a human driver on board, including hours of 
 service, drug testing, electronic logging devices, commercial 
 driver's license, and physical qualification requirements; and

    (2) define the terms remote driver and remote assistance as 
 follows:
        (A) The term ``remote driver'' means a driver who 
 is not seated in a position to manually exercise in-
 vehicle braking, accelerating, steering, and 
 transmission gear selection input devices (if any), but 
 is able to operate the vehicle.
        (B) The term ``remote assistance'' means event-
 driven provision, by a remotely located human, of 
 information or advice to an AD2202S-equipped vehicle in 
 driverless operation in order to facilitate trip 
 continuation when the automated driving system 
 encounters a situation where remote assistance could 
 provide clarity.

    (b) Ensuring Regulatory Parity for Commercial Motor Vehicles.--The 
Secretary may not issue a regulation that unduly burdens motor carriers 
operating ADS-equipped vehicles or discriminates against an ADS-
equipped vehicle relative to other commercial motor vehicles.
            (c) Ensuring Regulatory Flexibility for Safety Technologies.--

Section 31113 of title 49, United States Code, is amended--

    (1) by redesignating subsections
            (c) ,
            (d) , and

    (e) as 
 subsections
            (d) ,

    (e) , and

    (f) , respectively; and

    (2) by inserting the following after subsection

    (b) :
 ``
            (c) Exclusion of Automated Driving Technologies and Equipment.--
Width calculated under this section does not include automated driving 
system technologies or equipment.''.
            (d) === Definitions. ===
-The terms defined in 

section 31132 of title 49, 
United States Code, apply to this section.

SEC. 4. REGULATORY INTERPRETATIONS.

 Sections 392.22 and 393.95

    (f) of title 49, Code of Federal 
Regulations, and any related regulations shall be applied as if to 
include cab-mounted warning beacons as a permissible warning device, as 
proposed by the Exemption Application published on March 3, 2023 (88 
Fed. Reg. 14665, Docket No. FMCSA-2023-0071).
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