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Goal 4

Close the Level 2+
Loophole

According to the Society of Automotive Engineers J3016 Standard, the human driver is considered to be in control of a vehicle using a driver assistance system (Levels 1 and 2 ADAS systems), while the computer driver is responsible for fully autonomous systems (Levels 3, 4 and 5 ADS systems).  

Unfortunately, a loophole in J3016 allows car companies to blur this distinction with so-called Level 2+ systems. These systems allow the computer driver to perform complex driving tasks, even completing entire trips without any human intervention, but in the event of a collision the vehicle manufacturer can pin the liability on the human driver.

Campaign Goal 4 is to close this Level 2+ loophole by addressing several issues:

  • Redefine Level 2+ as an ADS System: Legally define any automated driving system that is capable of departing a marked lane of travel as an ADS system. Require it to go through AV testing permitting process. (Similar legislation is currently being considered in California [CA SB 511]).
  • Level 2+ Liability: Assign criminal fines and civil liability to manufacturers of Level 2+ vehicles for any traffic law violations.
  • Truth In Advertising: Ban advertising and brand names of ADAS systems that falsely imply that the vehicles are fully autonomous.

Goal 3

Establish Manufacturer Crash Liability and Mandatory Crash Reporting​

Advanced driver assistance systems (Level 2 ADAS systems) currently operate with essentially no state-level regulations.

Unfortunately, civil and criminal liability law has not kept up with the proliferation of ADAS systems, and human drivers (not vehicle manufacturers) are almost always held liable for crashes involving the use of ADAS systems. Further, states do not currently require vehicle manufacturers to report ADAS crashes or crash data to state agencies. Companies are only required to report ADAS crashes to federal agencies, but this requirement was significantly reduced in 2025.

Campaign Goal 3 is to establish clear legal liability laws that protect the rights of human drivers while using ADAS systems and to require all companies to report all crashes and crash data involving ADAS systems to the state.

Specific legislative goals include:

  • Driver Monitoring: Assigns criminal fines and civil liability to manufacturers of Level 2 vehicles for any traffic law violations if the human driver was not engaged.
  • Operational Design Domain (ODD): Subjects manufacturers of Level 2 vehicles to civil penalties and a private right of action if their Level 2 system is able to operate outside of the ODD and if the manufacturer has not defined the ODD as the conditions in which the vehicle can operate safely.
  • Collision Reporting: Require vehicle manufacturers to report any ADAS collision to the state DMV within five days (similar legislation is currently being considered in California [CA SB 572]).
  • Data Deletion: Set a civil penalty of $10 million for vehicle manufacturers that destroy or hide “black box” data relevant to a crash investigation.

Goal 2

Taxi & Sensor Safety Regulations

Most autonomous vehicles in development today are guided by a diverse mix of sensors, including cameras, radar, and lidar (see “How AVs Work” for more details). Unfortunately, some companies are pursuing single-sensor (i.e., camera-only) designs to minimize vehicle costs.

Taxis have to operate in complex urban environments, with frequent road surprises like vehicles, cyclists, and pedestrians unexpectedly entering the vehicle path. Driver assistance systems cause drivers to pay less attention to the road, increasing the risk of collisions. Self-driving cars require a mix of sensors to maximize their ability to detect and avoid road hazards.   

Campaign Goal 2 is to make sure all autonomous vehicles use a mix of sensor technologies to ensure maximum vehicle safety.

The following regulations can be implemented via local taxi regulators and municipal legislation in addition to state legislation.

  • Taxi Licensing – Single-Sensor Regulations: Prohibit vehicles used as licensed taxis from activating single-sensor ADAS and ADS systems. Require a mix of sensors, including lidar.
  • Geofencing: Place restrictions on the operation of single-sensor ADAS and ADS taxis, including the operation of vehicles near school zones and work zones, in adverse driving conditions, and outside that vehicle’s pre-established operational design domain.
  • Municipally Owned Vehicles: Municipalities can commit to not purchasing vehicles equipped with single-sensor ADAS and ADS systems.

Video: An ADAS-equipped vehicle with no lidar sensor fails to avoid an overturned truck. No one was hurt in this collision.

Goal 1

Establish California-Style AV Regulations in 
More States

California leads the nation in both the development and regulation of fully autonomous vehicles (Levels 3, 4 and 5 ADS systems). California-based AV companies like Waymo, Nuro, and Zoox have developed their technology while complying with the rigorous regulations imposed by the state.

Around 30 states allow the testing and/or deployment of fully autonomous vehicles, with a wide range of data reporting requirements, testing permit processes, and liability definitions. Major states such as Illinois and New York do not presently have state laws authorizing the testing of ADS systems.

Campaign Goal 1 is to pass California-style AV regulations in many additional states to establish rigorous safety standards across the nation.

Important features of the California regulations include:

  • Three stages of development permits: testing with a driver in the vehicle; testing without a driver in the vehicle; and full deployment.
  • Required definition of the operational design domain (the geographic areas and weather conditions in which the vehicle will be operated).
  • Regular crash and safety data reporting to the state DMV.
  • A ban on misleading advertising of the safety and capabilities of AVs.

 

These regulations ensure that vehicles are thoroughly tested and shown to be safe before they can be used in a robotaxi service or as a personal autonomous vehicle.

These regulations are available online through the California DMV.