Are Self-Driving Vehicles Legal in My State?

The National Highway Traffic Safety Administration (NHTSA) will tell you that no self-driving cars exist (we've said as much ourselves), yet several vehicles on the road today offer hands-free driving for stretches, including the General Motors models equipped with its evolving Super Cruise technology. But the reality is that no system, not Super Cruise, Tesla's Autopilot, or any other system offered by any other automaker for that matter, can drive you on every road in the United States. Far from it.

That day is coming; it's just a question of when. Although it might take decades, the end game of advanced autonomous driver assist systems is to take stressed, distracted, intoxicated, and otherwise exhausted drivers out of the equation entirely in an effort to make our roads dramatically safer, enable mobility for all, and optimize the movement of goods and services. With that inevitability in mind, several states have begun enacting laws related to autonomous vehicles. We take a look at which states have acted, which haven't, and who are still at the studying, planning, and testing stages of making laws and rules around self-driving vehicles.

Right now, there are 21 states that have laws allowing for the deployment of autonomous vehicles, six that have laws only related to semi trucks, and 13 states plus Washington D.C. that are in the process of researching laws on these types of vehicles. This means there are only 10 states that don't have any laws on the books or any formally announced research pertaining to autonomous vehicles as of now.

Of those 27 states with autonomous vehicle laws and related rules on the books, 12 have stipulations on the level of autonomy of the vehicle (as defined by the Society of Automotive Engineers, or SAE) and in many of those states, a licensed driver is required to be behind the wheel watching over the autonomy tech. There are multiple other interpretations of how those vehicles should be operated depending on the state, among them:

In Michigan, testing of any "automated motor vehicle" and deployment of an "on-demand automated" vehicle network is allowed. The state doesn't require someone to be behind the wheel but does require that person to be licensed to drive when they are.

Pennsylvania has voluntary guidance on the testing of fully autonomous vehicles and also allows the use of autonomous "work zone vehicles." However, in those "highly automated vehicles," as Pennsylvania calls them, a "licensed human driver" must be behind the wheel, while the "work zone vehicles" do not require a human to be inside.

Oklahoma's new rules allow for the operation of autonomous vehicles, but as of this writing, there are no rules or laws addressing if someone needs to be behind the wheel or if that person needs to be licensed.

Seven states—Florida, Georgia, Nevada, North Carolina, North Dakota, Utah, and West Virginia—do not require a driver behind the wheel or for the driver to be licensed if they are, providing that vehicle is deemed to be SAE Level 4 or 5 capable.

Arizona, Kansas, and Nebraska require a licensed driver to be behind the wheel in case a human operator is needed to take over. Otherwise, an operator doesn't need to be present. Kansas is the only state of those three that requires a fully driverless vehicle to operate for the first 12 consecutive months with a driver inside it. At the same time, the state doesn't require a human to be inside the vehicle if it doesn't have controls for manual operation or isn't intended to carry human occupants.

The only time a licensed driver is required in New Hampshire is when that vehicle is in its testing phase. Otherwise, it's not required to have one if it doesn't require human intervention at any time. Texas and Tennessee do not require a driver to be present in an autonomous vehicle, nor do they require the driver to be licensed if one is onboard.

Arkansas, Alabama, and Louisiana only allow commercial vehicles to be on the road autonomously. In Arkansas, it's specifically stated that a fully autonomous vehicle doesn't need a steering wheel (or seat belts and a rearview mirror for that matter), but said vehicle must be fully capable of achieving a "minimal risk condition" in the event of a failure. What that means isn't really defined by the law, but it does state that the autonomous vehicle must be able to deal with an accident, including coming to a complete stop, making sure it's not obstructing traffic (or not obstructing as much as possible) if it's possible and drivable, and remaining until authorities arrive. Louisiana states that if the vehicle uses a remote driver, that driver must be licensed to drive, while Alabama doesn't address the driver question at all and has no requirement for that operator to be licensed.

Another potential game-changing use of autonomous vehicle operation in the future is the concept of platooning, a technique in which vehicles, usually long-haul semi trucks, drive in close quarters behind each other in a line in an effort to reduce wind resistance and improve efficiency. Platooning is similar in scope to drafting in motorsports, only there's no need to pass. Several states that have autonomous vehicle laws on the books also have laws permitting platooning. At present, 14 of the 34 states that currently allow autonomous vehicle operation in some form also allow semi truck platooning.

When it comes to autonomous platooning, most of the present laws only apply to active systems that still have drivers on board. But some states don't really make clear what those active systems are, only that the trucks must have "cooperative adaptive cruise control or any other automated driving technology," but don't expand on the level of said technology.

Interestingly, Indiana, Kentucky, Oregon, South Carolina, Wisconsin, and Mississippi have laws allowing autonomous truck platooning (so long as plans are filed and approved ahead of time) but don't have autonomous vehicle laws on the books for any other vehicle. The minimum distance at which these vehicles are allowed to follow each other varies from state to state, with many having the simple requirement of "sufficient space." The shortest distance by law is 200 feet in Arkansas, while the longest is 500 feet in Michigan, Nevada, and Wisconsin.

Alabama, California, Iowa, and Minnesota are also researching, have pending laws that are awaiting passage, or laws are on the books but are awaiting passage of other related laws to become official for semi truck platooning, autonomous or not.

What about the states that don't have laws on the books yet but are researching requirements and safety rules around autonomous vehicles and/or presently have interim rules that allow for some testing by autonomous vehicle operators? Of the 13 states and the District of Columbia that are testing or researching autonomous vehicles for use on their roads and highways, only five require someone to be inside and able to operate the vehicle. As is the case with other states with established rules and laws, whether the vehicle is SAE Level 4 or Level 5 capable can determine if a driver is required, but not in all instances.

Washington, Maine, Ohio, and D.C. do not require a person behind the wheel, but in Washington state, if an operator is present, they must be licensed. Virginia doesn't address if someone needs to be inside (which also means they don't address if the person needs to be licensed), and in New Mexico, it depends on the type of vehicle. Maine and Hawaii don't address if the operator needs to be licensed, but Hawaii requires a driver to be behind the wheel regardless.

When it comes to insuring an autonomous vehicle, most of the states that are allowing full deployment also have insurance requirements. Nine states only have the stipulation that the vehicle must be insured by vehicle liability that meets the state minimums, while Oklahoma requires $1 million and California and Tennessee require $5 million in insurance coverages on autonomous vehicles. Georgia, New Hampshire, and West Virginia all require an autonomous vehicle to be insured with the minimum vehicle liability allowed by state law, even if the driver isn't present. Nevada requires a company or person seeking to test an autonomous vehicle to have $5 million in liability insurance and requires a company to have $1.5 million in insurance coverage.

Of the states that only allow commercial deployment, Alabama and Louisiana have a $2 million insurance coverage requirement. Arkansas requires the "autonomous vehicle program" to comply with "the minimum liability insurance coverage requirements," a law that came on the books for that state in January 2021, but no further stipulations are required. Colorado is the only outlier among states that allow full deployment of autonomous vehicles. It does not require liability insurance, nor does it require a licensed operator to be behind the wheel at any time.

Of the states that are only in the testing or research phase of autonomous vehicle laws, Virginia and Hawaii stand out on insurance. Virginia doesn't have an insurance requirement while Hawaii doesn't address the issue in their laws, as of this writing. All other states require insurance with seven of those states requiring a minimum of $5 million worth of coverage. Only Massachusetts requires applicants to also apply for commercial general liability, automobile liability, and workers compensation insurance.

In short, the present set of laws, rules, and regulations around autonomous vehicle operation are often murky and wildly inconsistent from state to state. Some require a driver, some don't. Some don't require, insurance, others require as much as $5 million in coverage. And some states still don't have anything at all on the books.

While it's not practical for every state to enact the same laws, it certainly seems as though there should be some sort of overarching state or federal guidelines, so if the day comes when you're driving hands-free across state lines, you won't find yourself being pulled over for not controlling your vehicle despite the fact that it's controlling itself. The same goes for insurance. The requirements between states should be close enough so you're not underinsured when crossing those lines whether a human is behind the wheel or not—that is, if there's even a wheel to be behind.

Yes, the adoption of highly automated vehicles for mass personal or commercial use is still as much a decade or more away, but a broader consensus around and adoption of laws for autonomous vehicles across the U.S. seems only logical. Those laws should be clear, concise, and apply to every vehicle that can drive itself. And given how quickly the technology is changing, it should happen sooner rather than later, before the resulting inaction leads to a series of tragic consequences that finally forces fundamental change.