AV Safety Data Act

Bill Number

S. 3742

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2026-01-29: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Last Updated

2026-02-20T15:40:50Z

AI-Generated Summary

Purpose

The AV Safety Data Act aims to enhance the collection and public disclosure of safety data related to autonomous and semi-autonomous vehicles. It builds on existing reporting requirements to provide more comprehensive information on vehicle performance, incidents, and mileage, ultimately improving oversight and safety analysis by the National Highway Traffic Safety Administration (NHTSA).

Key Provisions

• Definitions: Establishes terms such as "covered entity" (manufacturers or operators of vehicles subject to NHTSA's Third Amended Standing General Order 2021-01), "covered vehicle" (vehicles equipped with an Automated Driving System (ADS) or Level 2 Advanced Driver Assistance System (ADAS)), "unplanned stoppage event" (unexpected halts or interferences caused by the system, excluding intentional human actions or collisions), and "vulnerable road user" (pedestrians, cyclists, or others at higher risk on roads, as defined in federal highway law).
• Reporting Requirements: Within 90 days of enactment, NHTSA must issue regulations requiring covered entities to submit:
• Existing data under the 2021-01 Order (which mandates reporting crashes involving ADS or Level 2 ADAS).
• Monthly reports covering the prior month, including:
• Miles traveled on public roads by covered vehicles, broken down by make, model, year, software version, road type (e.g., freeway vs. non-freeway), location (state and county), and occupant presence.
• Details on collisions involving covered vehicles that injure vulnerable road users or occupants of other vehicles.
• Information on unplanned stoppage events, such as vehicle ID, location (with coordinates), event description, environmental factors (e.g., weather), impacts on traffic or responders, resolution details, and event duration.
• Scope for Level 2 ADAS Reporting: Data from Level 2 systems (semi-autonomous features requiring human supervision) is limited to periods when the system is active or 30 seconds before an unplanned stoppage; it must exclude personally identifiable information about drivers.
• Public Disclosure: Starting 120 days after enactment, NHTSA must publish all submitted data on its website in a machine-readable format (e.g., datasets for easy analysis).
• Regulatory Flexibility: After 10 years, NHTSA may reduce or eliminate reporting requirements; it can revise rules at any time as long as they align with the Act's mandates.

Significant Changes to Existing Law

• Expands the Third Amended Standing General Order 2021-01 (effective June 2025), which previously focused mainly on crash reporting for ADS and Level 2 ADAS, by adding mandatory monthly mileage tracking, reporting of non-crash unplanned stoppages, and specific injury-related collision details.
• Introduces public transparency requirements, making aggregated data accessible online, which was not explicitly mandated before.
• Limits Level 2 ADAS reporting to active use scenarios to avoid overburdening manufacturers of consumer vehicles with partial automation.

Potential Impacts

• On Government Agencies: Increases NHTSA's workload for rulemaking, data management, and public dissemination, potentially aiding in evidence-based safety regulations for autonomous vehicles.
• On Citizens: Improves road safety awareness by providing transparent data on vehicle performance, benefiting drivers, pedestrians, and vulnerable users through better-informed policy and potential recalls.
• On International Relations: Minimal direct impact, though enhanced U.S. data standards could influence global autonomous vehicle norms or encourage international manufacturers to comply for market access.
• Overall, it may accelerate innovation in safer autonomous tech while imposing compliance costs on industry, possibly slowing deployment if reporting proves burdensome.

Main Stakeholders Affected

• Covered Entities: Primarily autonomous vehicle manufacturers (e.g., companies developing self-driving cars) and operators (e.g., ride-sharing fleets using ADS), who face new monthly reporting obligations.
• NHTSA: Responsible for enforcing rules, processing data, and ensuring public access.
• Public and Road Users: Gain from accessible safety insights, including vulnerable groups like pedestrians and cyclists who may benefit from targeted protections.
• Law Enforcement and First Responders: Could use data to better handle incidents involving autonomous vehicles.
• Broader Industry: Auto suppliers, software developers, and insurers may indirectly adapt to improved safety monitoring.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens NHTSA's regulatory authority over emerging tech without creating new agencies; emphasizes data privacy by prohibiting personally identifiable information in reports, aligning with federal privacy norms. The 10-year sunset clause provides a built-in review mechanism to adapt to technological advances.
• Constitutional: No apparent conflicts with free speech, due process, or privacy rights under the U.S. Constitution, as it focuses on business reporting rather than individual surveillance; public disclosure promotes transparency, a core governmental function.
• Political: Could spark debates on balancing innovation with safety in the growing autonomous vehicle sector, potentially facing pushback from industry on compliance costs versus support from consumer advocates for accountability. It reflects bipartisan interest in road safety amid rising adoption of self-driving tech.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Markey, Edward J. [D-MA]

Recent Actions

• 2026-01-29: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2026-01-29: Introduced in Senate

Bill Versions

• AV Safety Data Act — issued 2026-01-29 — PDF (7 pages)