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By Katie Cross, Senior Associate,
Blakey & Agnew
In 1999, as folks prepared for the new millennium, speculation abounded concerning what it would be like (after we recovered from the crash of all computer systems). Would everyone wear chrome? Would we all use tiny cell phones? Would people live in space? And how would we get around – jet packs, hover boards, autonomous or even flying cars? Now, nearly two decades into the new millennium, we've learned that not only were we wrong about Y2K, but we were wrong about most other predictions too. We don't wear chrome, in fact many 90's looks are back in style. Our cell phones have gotten thinner but the screens are ever-increasing in size. And we are all still using cars firmly planted on the ground and operated, for the most part, by humans. Many have speculated that autonomous vehicles and trucks are still a long ways away from being widely used or accepted. But, perhaps that future we imagined in 1999 is not actually so far away – with various companies working on technology and the U.S. Department of Transportation (USDOT) issuing its third iteration of guidance on autonomous vehicles, we could be zooming around in driverless cars and riding next to autonomous trucks sooner than we think.
Recent headlines have promised exciting things in the worlds of both personal mobility and cargo movement – a company has been testing a flying car and began taking orders in mid-October 2018, another is developing a technology that could get a commuter from D.C. to New York in a half hour (with testing in Los Angeles proposed to be open to the public in December 2018), and more. These ideas are grand and could revolutionize the way we not only move people but also move goods. But, while they are increasingly viable, they are likely a long way off before they can be fully implemented and put into use.
Alternatively, it seems driverless cars and trucks could be closer than we ever imagined. Trucking companies in some states are already testing a platooning concept: multiple trucks drive close to each other on the road, communicating through technology to easily maneuver almost as one entity. In 2017, the Federal Highway Administration (FHWA) conducted their own plantooning tests in Virginia to gauge the effectiveness of these partially automated Commercial Motor Vehicles (CMVs). An autonomous truck completed a 120 mile delivery in 2016 while another company sent an autonomous CMV from California to Florida in early 2018, a trip that, according to company reports, required very few human interventions. Car companies as well as technology companies are testing self-driving cars in cities across America.
While the industry is moving ahead in leaps and bounds, it has not been without serious mistakes and setbacks. A tragedy involving an autonomous car in Arizona in March 2018 resulted in the death of a pedestrian and other semi-autonomous technologies have failed to prevent crashes in various instances across the country.
Noting that technology is quickly evolving, the
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Federal government has acknowledged that it must catch up in order to ensure that the technologies are properly regulated and the safety of the public is maintained. On October 4, 2018, USDOT released its third edition of Automated Vehicle guidance. Titled Preparing for the Future of Transportation: Automated Vehicles 3.0, this iteration stresses the Federal government's focus on prioritizing safety, modernizing regulations to eliminate outdated rules that would impede the development of autonomous technology, and on remaining technology neutral by adopting flexible policies to promote innovation and competition. It addresses both automated cars as well as automated CMVs. Additionally, the guidance notes that the Maritime Administration (MARAD) and the Federal Motor Carrier Safety Administration (FMCSA) are "jointly exploring" how CMV automation could benefit intermodal port facilities – especially in the truck queuing, loading and unloading processes.
To facilitate the process of implementing these various technologies in CMVs, the guidance indicates that USDOT will also expand the definitions of a CMV driver or operator to "recognize that such terms do not refer exclusively to a human but may in fact include an automated system."
Congress has also noted that we could be at the cusp of a drastic change in the transportation industry. To help the Federal government keep up, and to ensure safety, the Safety Ensuring Lives Future Deployment and Research in Vehicle Evolution (SELF DRIVE) Act was introduced in the House in July 2017, outlining a federal framework for automated driving systems but excluding CMVs. It passed the House in September 2017 by a voice vote. Also in September 2017, the Senate Commerce Committee introduced the American Vision for Safer Transportation Through Advancement of Revolutionary Technologies (AV START) Act, which also excluded CMVs. The Senate's version has not yet passed the upper chamber and neither bill has passed both Chambers of Congress.
Automated cars and CMVs could be beneficial – potentially increasing safety and reducing congestion. That being said, there are also potential impacts that need to be studied, including workforce displacement, diversion of cargo from one mode of transportation to another, and more. Both Congress and the Administration have been exploring these potential impacts through hearings and pilot studies. As technology evolves, so must regulations and industry personnel.
Blakey & Agnew, LLC is a public affairs and
communications consulting firm based in
Washington, DC.
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