H.R. 7377: Know Before You Drive Act

This bill, known as the Know Before You Drive Act, aims to enhance consumer awareness about partially automated vehicles. It focuses on ensuring that manufacturers disclose accurate information regarding their automated driving systems to potential buyers. Here are the key components of the bill:

Prohibition on Misleading Claims

Manufacturers are prohibited from making false or misleading statements about the capabilities of partially automated driving systems. Specifically, they cannot imply that these systems are fully automated or possess capabilities beyond what they can deliver.

Notification Upon First Sale

Before selling a partially automated vehicle, manufacturers and dealers must provide clear information to purchasers, including:

• Confirmation that the vehicle has a partially automated driving system.
• A description of the system's features.
• Details about the capabilities and limitations of the system, including the operational design domain.
• Information about the tasks that the driver must still perform while the system is engaged.

This notice must be given to both the purchaser and the dealer before the vehicle is delivered.

Updates and Notifications of Changes

Manufacturers are required to inform vehicle owners or drivers about any significant changes to the capabilities or limitations of the partially automated driving systems, particularly after software updates.

Enforcement Authority

The bill enhances the enforcement capacity of the National Highway Traffic Safety Administration (NHTSA) and the Federal Trade Commission (FTC) to ensure compliance with the new regulations regarding misleading claims and information disclosure.

Violations of these provisions will be treated as unfair or deceptive acts under the FTC Act, allowing for penalties and legal actions against manufacturers or dealers who do not comply.

State Enforcement Provisions

State attorneys general can take civil action against manufacturers or dealers for violations of this act, potentially leading to injunctions or damages for affected residents. However, they must notify the FTC of any such legal actions.

Amendment of Automobile Information Disclosure Act

The bill amends the existing Automobile Information Disclosure Act to include requirements for explicitly labeling vehicles equipped with partially automated driving systems. Labels must be clear and help consumers understand:

• The specific tasks the system can perform.
• Whether driver supervision is required.
• The conditions under which the system operates effectively, including geographical or environmental limits.
• Any additional service costs related to the automated system.

Definitions

The bill provides definitions for key terms, including:

• Automated Driving System: A system capable of performing the entire driving task.
• Dynamic Driving Task: The operational tasks required to control a vehicle, such as steering and monitoring the environment.
• Operational Design Domain: The conditions under which an automated system is intended to function.
• Partially Automated Vehicle: A vehicle equipped with a partially automated driving system, requiring human oversight.

Regulatory Timeline

The Secretary of Transportation is instructed to issue regulations for implementing labeling requirements within nine months of the law’s enactment, ensuring compliance within two years.

Legal Implications

Nothing in this act is intended to limit the ability of states to impose additional regulations or liabilities related to partially automated vehicles.

Relevant Companies

• TSLA (Tesla Inc.): As a leader in automated driving technology, Tesla may need to adjust its marketing and sales strategies to comply with the new disclosure requirements concerning its autopilot features.
• GM (General Motors Co.): GM's development of partially automated vehicles will require them to ensure compliance with the bill's standards for consumer education and information disclosure at the point of sale.
• F (Ford Motor Co.): Ford, which is actively pursuing automated driving systems, may be impacted in terms of their advertising and sale practices under the new restrictions regarding misleading claims.