“American Vision for
Safer Transportation through Advancement of Revolutionary Technologies Act”
“AVSTART Act”
The
Senate Commerce Committee is working on crafting a draft proposed bill on
Automated Vehicles in the Senate. The AV
START Act represents a positive step forward toward the eventual integration of
automated driving systems into the vehicle fleet. However, it is critically important to
public safety and protection of rights guaranteed under the constitution that
there be a robust savings clause that clearly protects the safety of the
American public and rights guaranteed to American citizens by the seventh (7th)
Amendment to the Constitution, To protect public safety and constitutional
rights the following language should be added to the bill:
No
preemption of common law or statutory causes of action for civil relief or
criminal conduct
Nothing in this chapter, nor any amendment made by the “American
Vision for Safer Transportation through Advancement of Revolutionary
Technologies Act” or the “AV START Act” , nor any
standard, rule, requirement, standard of performance, risk evaluation, or
scientific assessment implemented pursuant to this chapter, shall be construed
to preempt, displace, or supplant any State or Federal common law rights or any
State or Federal statute creating a remedy for civil relief, including those
for civil damage, or a penalty for a criminal conduct.
(B)
Clarification of no preemption
Notwithstanding any other provision of this chapter, nothing in
this chapter, nor any amendments made by the “American Vision for Safer Transportation
through Advancement of Revolutionary Technologies Act” or the “AV START Act” shall preempt or preclude any cause of action for personal
injury, wrongful death, property damage, or other injury based on negligence,
strict liability, products liability, failure to warn, or any other legal
theory of liability under any State law, maritime law, or Federal common law or
statutory theory.
This
language should be non-controversial as it changes nothing in terms of
longstanding constitutional rights, common law and statutory protections.
General Motors has also stated publically, in an interview with the Detroit
News: “There are 100 years of legal precedent, we don’t see any
reason that should be changed for Autonomous vehicles. We stand behind our
product. Just like we stand behind our products we put on the road today we
still stand behind our autonomous vehicles we put on the road today”
This
language should also be familiar as it was the same language used in the Frank R. Lautenberg Chemical Safety for the 21st Century Act