The Department of Transportation’s 2026 Regulatory Agenda: Acceleration of Autonomous Vehicle Rulemaking and Future Action on Fuel Economy
On July 7, 2026, the Department of Transportation released its 2026 unified rulemaking agenda. Many of the items on it relate to autonomous driving systems. They signal that the Trump Administration is accelerating its efforts to promote the development and deployment of autonomous technologies, while — with notable exceptions, particularly fuel economy — putting other regulatory efforts on the back burner. (more…)
NHTSA Proposes Amending Federal Brake Standards for Autonomous Vehicles
On June 26, the National Highway Traffic Safety Administration published another proposed rulemaking designed to promote the deployment of autonomous vehicles on public roads. The proposal would amend Federal Motor Vehicle Safety Standard (FMVSS) No. 135, “Light vehicle brake systems,” by removing requirements for hand- and foot-operated brake controls in vehicles that operate without a human driver, while retaining stopping distance performance requirements. This rulemaking represents a meaningful—if still incremental—step in modernizing the federal regulatory framework for autonomous vehicles, particularly those that are manufactured without the standard equipment designed for human drivers.
The BUILD America 250 Act: Creating a Federal Framework for Autonomous Commercial Vehicles
On May 22, the House Transportation and Infrastructure Committee approved the BUILD America 250 Act, a five-year surface transportation reauthorization bill intended to replace the Infrastructure Investment and Jobs Act (IIJA), which expires on September 30, 2026. In addition to authorizing hundreds of billions of dollars in highway funding and various other measures, the bill includes several provisions focusing on the emerging autonomous trucking industry. The legislation would establish federal safety requirements for commercial autonomous vehicles (AVs), would resolve the contentious issue of warning beacons on driverless trucks, and would potentially preempt at least some state and local regulation.
EPA Proposes Two-Year Delay of Biden-Era Vehicle Emissions Standards
On May 14, 2026, the U.S. Environmental Protection Agency (EPA) announced that it is reconsidering the criteria pollutant standards for new light- and medium-duty vehicles. The first phase of EPA’s proposal would push back the phase-in schedule of the “Tier 4” criteria pollutant standards from model year 2027 to model year 2029, giving automakers two additional model years to comply with the existing Tier 3 framework before the more stringent requirements begin to apply—and giving EPA time to conduct a second rulemaking to amend the Tier 4 emissions standards.
D.C. Council Proposes a Costly Path for Autonomous Vehicles in the Nation’s Capital
On May 1, three members of the D.C. Council introduced a new bill, titled the Autonomous Vehicle Deployment Authorization Amendment Act of 2026, that would create a pathway for the deployment of autonomous vehicles (AVs) in the District of Columbia. Reflecting the Council’s approach to AV deployment, the lead sponsor of the legislation has said that “we didn’t need to be the first city to bring driverless cars to our streets, but I don’t want us to be the last.”
NHTSA Issues the First Defect Recall Order in Decades
On April 29, 2026, the National Highway Traffic Safety Administration (NHTSA) took a rare step: It issued a final decision ordering a recall of vehicle equipment—in this case, air bag inflators manufactured in China that allegedly caused numerous deaths and serious injuries by exploding during a crash. This was the agency’s first recall order in decades and illustrates the unusual situation in which the agency found itself.
California Finalizes a New Regulatory Regime for Testing and Deploying Autonomous Vehicles
On April 28, the California Department of Motor Vehicles released the finalized version of the state’s new autonomous vehicle regulations. More than a year in development and shaped by extensive public debate, these rules carry significant implications for companies that manufacture and operate autonomous vehicles in the nation’s most populous state.
China Moves Toward Nationwide Autonomous Vehicle Regulation
The Chinese government recently took a significant step toward establishing nationwide standards for autonomous vehicles. On April 13, the public comment period closed on the Ministry of Industry and Information Technology’s new proposal for mandatory safety standards. Titled Safety Requirements for Autonomous Driving Systems of Intelligent Connected Vehicles, the 62-page proposal, if finalized, would further the country’s ambitions to be the world leader in autonomous vehicles (AVs).
Washington State Allows Direct Sales of Electric Vehicles
A new statute in Washington state allows certain manufacturers of electric vehicles to sell their vehicles directly to consumers, rather than through independent dealers. The law, passed as SB 6354, makes a meaningful change to the state’s automotive dealer-franchise framework through a carefully crafted exception. It allows a manufacturer to own, operate, or control a dealership selling its own vehicles and further allows the manufacturer to offer related financing, leasing, and servicing.
NHTSA Proposes Amending Federal Crash Avoidance Standards for Autonomous Vehicles
On March 16, the National Highway Traffic Safety Administration published two proposed rulemakings designed to ease the path for manufacturing autonomous vehicles and deploying them on public roads. Both proposals would amend existing Federal Motor Vehicle Safety Standards (FMVSS) by removing requirements for certain safety equipment that may be unnecessary in vehicles without a human driver. These rulemakings represent an incremental step, not a game changer, in paving the way for a driverless future.