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Introduction
Since the first Federal Safety Standards for cars became effective on January 1, 1968, motor vehicle regulations have been designed with drivers as an assumed constant. However, much has changed in the intervening 53 years, and the United States’ regulatory framework has not been able to keep pace with the rapid technological development of autonomous vehicles (AVs).
Level 4 and 5 AVs, which do not require drivers and may be specialized for tasks that do not involve passengers, no longer fit squarely into existing regulations.
1 While there has been recent bipartisan interest in introducing legislation regarding self-driving cars, most recently as part of the Endless Frontier Act, Congress has not passed AV legislation thus far. Similarly, federal regulators have issued guidance but no binding regulations on AV operations. States have filled this vacuum, creating a patchwork of regulations that could hinder deployment of this technology at scale. As a result, the A