PolicyBrief
S. 3742
119th CongressJan 29th 2026
AV Safety Data Act
IN COMMITTEE

This act establishes mandatory monthly reporting requirements for manufacturers and operators of certain autonomous and advanced driver-assistance vehicles to the National Highway Traffic Safety Administration (NHTSA).

Edward "Ed" Markey
D

Edward "Ed" Markey

Senator

MA

LEGISLATION

AV Safety Data Act Mandates Monthly Incident Reports and Public Access to Self-Driving Car Performance Data

The AV Safety Data Act is essentially a black-box recorder for the autonomous vehicle (AV) industry. It requires companies building or operating self-driving cars—and even those with advanced driver-assistance systems like Tesla’s Autopilot or GM’s Super Cruise—to hand over a massive amount of data to the National Highway Traffic Safety Administration (NHTSA) every single month. The bill aims to pull back the curtain on how these cars are actually behaving on our streets, moving beyond the occasional viral video to a standardized, machine-readable database that anyone can audit. Within 90 days of this becoming law, the government has to set up the rules for how companies will report everything from total miles driven to the specific software version a car was running when it hit a curb or stopped in the middle of an intersection.

The 'Ghost in the Machine' Reports

One of the most relatable parts of this bill is the requirement to report "unplanned stoppage events." We’ve all seen news clips of a driverless taxi getting confused and bricking itself in the middle of a busy lane, causing a massive traffic jam. Under Section 2, companies must now provide a play-by-play for these moments: the exact location, the environmental conditions (was it raining or just a confusing shadow?), how long it took for a human to intervene, and how it messed with public transit or first responders. For the average commuter or a delivery driver on a tight schedule, this data could eventually lead to software fixes that prevent these 'phantom' traffic jams before they happen.

Protecting the Most Vulnerable

The bill places a heavy emphasis on "vulnerable road users," which is policy-speak for pedestrians, cyclists, and motorcyclists. If a covered vehicle is involved in a crash that injures someone outside of a car, the manufacturer has to report it in detail. For a parent walking a stroller or a bike messenger navigating city traffic, this provision is a big deal. It forces companies to be transparent about how their sensors and algorithms interact with people who aren't protected by two tons of steel. By tracking these incidents by make, model, and software version, the NHTSA can spot if a specific update is making cars less likely to see a cyclist at dusk, allowing for faster recalls.

Balancing Privacy and Transparency

If you’re worried about the government tracking your every move in your own car, the bill includes some guardrails for Level 2 systems (the driver-assist tech many of us already use). Section 2 specifies that for these vehicles, companies can only report data from when the system was actually turned on or the 30 seconds leading up to a stop. Most importantly, it forbids the collection of personally identifiable information about the human driver. While the tech companies have a new mountain of paperwork to climb—reporting everything from license plates to VINs—the bill ensures that the public gets to see the results. Starting 120 days after enactment, all this data goes onto a public website in a format that researchers and tech-savvy citizens can download and analyze, making sure the industry isn't just grading its own homework.