Industry: Pre-market approval would stifle driverless car innovation Presented by Freight Rail Works

With help from Tanya Snyder and Lauren Gardner

DON’T EVEN THINK ABOUT IT: NHTSA’s guidance for self-driving cars left open the possibility that the agency could seek the power to approve vehicle prototypes before they hit the market. And while it would take an act of Congress for NHTSA to follow anything but a self-certification model, many in the auto and tech industry are already denouncing the idea of pre-market approval, saying it would gum up rollouts of driverless vehicles, as our Tanya Snyder reports for Pros.


If the federal government had to certify “every model, every car,” it would be a "huge barrier to entry and could affect how quickly car models could be introduced,” said Gary Shapiro, president and CEO of the Consumer Technology Association.

You can’t always get what you want: Plus, it’d be no easy task to get lawmakers on board, even if NHTSA and safety advocates argued that pre-market approval would help ease consumer concerns about autonomous technology. Katie Thomson, former DOT general counsel who’s now at the law firm Morrison & Foerster, said it’s “much preferable to use your existing authority and figure out how best to tailor it in a specific setting than try to get Congress to take action.”

“It’s slow, it’s cumbersome, and you can’t guarantee what you might ultimately get, if you get anything,” Thomson said.

Pros and cons: Still, there’s a possible business advantage to the government endorsing new vehicles: liability protection. Pre-market approval “may make it more difficult for plaintiffs to prevail on product liability claims premised on theories of design defect or failure to warn,” according to attorneys at King & Spalding.

HAPPY MONDAY: Good morning and thanks for tuning in to POLITICO’s Morning Transportation, your daily tipsheet on all things trains, planes, automobiles and ports. Please send tips, feedback and, of course, song lyrics to [email protected] or @brigurciullo.

“He said, ‘My name is Private Andrew Malone. And if you're reading this, then I didn't make it home. But for every dream that shattered, another one comes true. This car was once a dream of mine, now it belongs to you. And though you may take her and make her your own. You'll always be riding with Private Malone.’”

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SITTING, WAITING, WISHING: A federal appeals court could soon reach a decision about whether DOT regulations on electronic logging devices are legal. As our Lauren Gardner reports for Pros: “The Owner-Operator Independent Drivers Association sued DOT in December 2015 over the final regulation, which DOT argues makes it harder for motor carriers and drivers to falsify their duty logs to make it appear like they’re getting adequate breaks — or for truck companies to pressure their drivers to work beyond their required hours.” OOIDA argues that the rule doesn’t meet a requirement that electronic logging devices automatically record any changes in duty status. But other trucking groups, like the American Trucking Associations and the Trucking Alliance for Driver Safety and Security, are standing behind regulators.

N.Y. TRAINS ‘SIDE-SWIPED EACH OTHER’: FRA is investigating after a commuter train derailed in New York on Saturday night, leaving 33 people injured, four seriously. Gov. Andrew Cuomo said the 12-car Long Island Rail Road train, with 600 people on board, and a maintenance train were going in the same direction near the New Hyde Park station when “they side-swiped each other,” The Associated Press reports. The work train had moved into the LIRR train’s space. Since January 2011, LIRR trains have been involved in 72 accidents, including 15 derailments and three collisions, the AP reports. The Metropolitan Transportation Authority runs the railroad.

THE LATEST ON HOBOKEN: NJ Transit’s Hoboken terminal is set to return to partial service today, with the reopening of eight tracks out of 17. The train that crashed into the terminal, killing a woman and injuring over 100 people, was removed Thursday. Sen. Chuck Schumer (D-N.Y.) has now called for trains that serve the New York City area to be equipped with cameras to record engineers, The Associated Press reports.

NEW JERSEY SET TO HIKE GAS TAX FOR FIRST TIME IN DECADES: New Jersey’s legislature OK’d a package of bills Friday to increase the state’s gas tax by 23 cents per gallon, cut other taxes and authorize billions of dollars in infrastructure spending.When Gov. Chris Christie signs the legislation, which he’s agreed to do, it will “end a months-long stalemate that has left thousands of construction workers on unemployment and billions of dollars in projects shut down,” POLITICO New Jersey’s Ryan Hutchins and Katherine Landergan report. The state’s Transportation Trust Fund had become insolvent in August. The gas tax hike is New Jersey’s first since 1988. The tax is currently the second-lowest in the country at 14.5 cents per gallon.

THIS WEEK:

Tuesday — The Association for Commuter Transportation kicks off its TDM Forum in Boston. The Competitive Enterprise Institute holds a discussion on DOT’s driverless car guidelines.

Wednesday — The Advisory Committee on Accessible Air Transportation begins a three-day meeting.

Thursday — FAA’s Office of Hazardous Materials Safety and PHMSA’s Office of Hazardous Materials Safety hold a meeting to prepare for ICAO’s Dangerous Goods Panel meeting later this month. The Unified Carrier Registration Plan Board of Directors holds a meeting via conference call. The United States Travel and Tourism Advisory Board meets via teleconference.

AGENCY SHUTS DOWN TAKATA TRANSPORTER: FMCSA has ordered Industrial Transit, Inc. to “immediately cease all intrastate and interstate operations” after one of the company’s trucks carrying Takata air bag parts crashed and caught fire, causing the components to explode and leading to one death. The truck was in Maverick County, Texas on Aug. 22 when it “approached a curve at an unsafe speed, traveled off the roadway, striking a culvert, and rolled over,” according to FMCSA. The truck then caught on fire and the Takata parts exploded, which leveled a house, killing one person inside. FMCSA has designated Industrial Transit as an “imminent hazard to public safety” after determining that it was violating at least half a dozen safety regulations. The agency also said it “may refer this matter for criminal prosecution.”

OBAMA SIGNS FAA VETERAN EMPLOYEES BILL: President Barack Obama signed into law on Friday a bill (S. 2683) to make sure that disabled veterans working at the FAA can take advantage of a new category of sick leave. The bill was sponsored by Sens. Mazie Hirono (D-Hawaii), Deb Fischer (R-Neb.), Jon Tester (D-Mont.) and Jerry Moran (R-Kan.). The National Air Traffic Controllers Association and Veterans of Foreign Wars backed the legislation.

NUMBER OF THE DAY: 4,500. Airlines canceled about that many flights from Wednesday to Saturday because of Hurricane Matthew, USA Today reports. The most affected states included Florida, Georgia and South Carolina.

THE AUTOBAHN (SPEED READ):

— “Are you safer in a Tesla on autopilot, as Elon Musk says? Let’s do the math.” The Washington Post.

— “Former Christie staffer details ‘complicated’ relationship with Bridgegate defendant.” POLITICO New Jersey.

— “Norwegian eyes Buenos Aires as $150 transatlantic tickets loom.” Bloomberg.

— “New data on highway deaths suggest that Congress needs to revisit speed limits, advocates say.” The Washington Post.

— “Appellate judge: Taxis and Ubers are dogs and cats when it comes to regulation.” The Chicago Tribune.

— “Airlines want their money back from Venezuela: They’re asking the U.S. government for immunity from antitrust law so they can work together to retrieve $4 billion.” Bloomberg.

— “In safety and reliability, Metro ranks in middle of the pack of nation’s big systems.” The Washington Post.

THE COUNTDOWN: DOT appropriations run out in 60 days. The FAA reauthorization expires in 354 days. The 2016 presidential election is in 28 days. Highway and transit policy is up for renewal in 1,454 days.

Follow us on Twitter Kathryn Wolfe @kathrynwolfe



Sam Mintz @samjmintz



Stephanie Beasley @steph_beasley



Brianna Gurciullo @brigurciullo



Tanya Snyder @tsnyderdc

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