S. 3742

119 S3742 IS: AV Safety Data Act
 U.S. Senate
 2026-01-29
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3742  IN THE SENATE OF THE UNITED STATES   January 29, 2026   Mr. Markey  introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To improve incident reporting with respect to certain autonomous vehicles, and for other purposes.
1.
Short title
This Act may be cited as the   AV Safety Data Act  .
2.
Incident reporting with respect to certain autonomous vehicles
(a)
Definitions
In this section:
(1)
Administrator
The term  Administrator  means the Administrator of the National Highway Traffic Safety Administration.
(2)
Covered entity
The term  covered entity  means a manufacturer or operator that is subject to the requirements of the Third Amended Standing General Order 2021-01.
(3)
Covered vehicle
The term  covered vehicle  means a vehicle with an Automated Driving System or a Level 2 Advanced Driver Assistance System.
(4)
Third Amended Standing General Order 2021-01
The term  Third Amended Standing General Order 2021-01  means the Third Amended Standing General Order 2021-01 (relating to Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS)) of the National Highway Traffic Safety Administration with an effective date of June 16, 2025.
(5)
Third Amended Standing General Order 2021-01 terms
The terms  Advanced Driver Assistance System ,  Automated Driving System ,  Level 2 ,  manufacturer , and  operator  have the meanings given those terms in the Third Amended Standing General Order 2021-01.
(6)
Unplanned stoppage event
The term  unplanned stoppage event  means an event, other than a collision or an incident intentionally caused by a human driver, during which, as a result of an Automated Driving System or Level 2 Advanced Driver Assistance System (or if such a System was engaged or an attempt was made to engage such a System during the 30-second period preceding the event), a covered vehicle—
(A)
stops on a public road in a travel lane and is unable to proceed without retrieval, manual intervention, or the assistance of a remote operator;
(B)
interferes with the normal functioning of public transit or public transit vehicles, including light rail;
(C)
interferes with the activities of law enforcement or first responders; or
(D)
interferes with a construction or work zone.
(7)
Vulnerable road user
The term  vulnerable road user  has the meaning given the term in section 148(a) of title 23, United States Code.
(b)
Reporting to National Highway Traffic Safety Administration
Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regulations to require each covered entity to submit to the National Highway Traffic Safety Administration—
(1)
information as required by the Third Amended Standing General Order 2021-01; and
(2)
a monthly report that includes, with respect to the preceding month—
(A)
the number of miles traveled on public roads by covered vehicles manufactured or operated by the covered entity, disaggregated by make, model, model year, major software version, road type (freeway or non-freeway), location (including State and county), and whether an occupant was present in the vehicle;
(B)
information on any event during which a collision with a covered vehicle manufactured or operated by the covered entity resulted in an injury to a vulnerable road user or an occupant of a vehicle other than the covered vehicle; and
(C)
information on any unplanned stoppage event that involved a covered vehicle manufactured or operated by the covered entity, including—
(i)
the license plate number and vehicle identification number of the vehicle;
(ii)
the make, model, model year, and major software version of the vehicle;
(iii)
the date, time, and location (including State, county, and latitude and longitude) with respect to the event;
(iv)
the type of road (freeway or non-freeway) on which the event occurred;
(v)
a description of the event;
(vi)
information about any environmental conditions (including geography and weather) affecting the operation of the vehicle with respect to the event;
(vii)
information about any involvement of law enforcement, first responders, or public transit authorities with respect to the event;
(viii)
information about the impact of the event on passengers, vulnerable road users, or other vehicles;
(ix)
information about the resolution of the event;
(x)
information about any intervention by the covered entity with respect to the event; and
(xi)
the amount of time, in seconds, between the beginning and resolution of the event and, if the covered entity intervened in the event, the amount of time, in seconds, between the beginning of the event and the intervention by the covered entity.
(c)
Scope of Level 2 Advanced Driver Assistance System reporting
With respect to the monthly report required under subsection (b)(2), a covered entity may only submit data from a covered vehicle with a Level 2 Advanced Driver Assistance System if the data—
(1)
was collected—
(A)
while the Level 2 Advanced Driver Assistance System was engaged; or
(B)
during the 30-second period preceding an unplanned stoppage event; and
(2)
does not contain personally identifiable information about a human driver of the vehicle.
(d)
Public availability
Beginning on the date that is 120 days after the date of enactment of this Act, the Administrator shall make publicly available on the website of the National Highway Traffic Safety Administration, in a machine-readable format that includes datasets, any information and reports submitted pursuant to subsection (b).
(e)
Revision of regulations
(1)
In general
Beginning on the date that is 10 years after the date of enactment of this Act, and not before that date, the Administrator may rescind the regulations required by subsection (b) or revise those regulations to reduce the frequency and scope of information required to be submitted pursuant to that subsection.
(2)
Rule of construction
Nothing in paragraph (1) prevents the Administrator, at any time, from revising the regulations required by subsection (b) in a manner consistent with that subsection.