Chicago – Attorney General Kwame Raoul today led a coalition of attorneys general in urging the Trump administration to halt its plan to propose regulations for the highly automated transportation of hazardous materials, often referred to as unmanned or “self-driving” vehicles. The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced its intent to propose regulations permitting the transportation of hazardous materials by automated heavy-duty trucks, drones, railways and water vessels. In their comment letter to the PHMSA, Raoul and the attorneys general warn that allowing the transportation of hazardous materials by automated means before this technology has been proven safe would expose first responders, public safety and the environment to increased, grave risks.
“It is premature to develop regulations to transport hazardous materials by any automated transportation system before a baseline level of reliability and safety has been achieved for everyday automated transportation,” Raoul said. “Accidents involving hazardous materials frequently have catastrophic effects and harm entire communities. I join my fellow attorneys general in strongly urging the Trump administration not to gamble the safety of the public on technology that has yet to be proven.”
In their comment letter, the attorneys general assert that states maintain authority over highway route designations by which hazardous materials may or may not be transported by motor vehicle, and states and local jurisdictions are responsible for responding to hazardous materials accidents. They maintain that the PHMSA must ensure first responders’ ability to safely and successfully respond to future accidents before proposing to implement such a regulatory program.
Raoul and the attorneys general observe that the autonomous transportation of hazardous materials will involve unique risks and logistical complications far beyond those for passenger transportation or package delivery. They urge the PHMSA not to create regulations that would allow for the transportation of hazardous materials by unmanned vehicles until the technology and infrastructure are developed, tested and safely implemented for non-hazardous uses.
If the PHMSA ultimately considers potential regulations at an appropriate time, the coalition urges the PHMSA to work closely with states and first responders to develop regulations that protect public safety.
Joining Raoul in filing the comment letter are the attorneys general of California, the District of Columbia, Massachusetts, Minnesota, New York, New Jersey, Oregon, Vermont and Washington.