Megan Palmer, JD Anticipated May 2024, Law and Public Policy Scholar
Dozens of automakers are locked in a race to create the first fully autonomous or self-driving vehicle (AV). AVs have the potential to decrease traffic and vehicular accidents, while opening the world to those who don’t have access to reliable transportation, including the one in five Americans who have a disability. If AV wants to live up to its promise to revolutionize mobility in the United States, it should listen to the disability community and ensure that its products are accessible for people with disabilities.
AVs were initially introduced within ride-sharing structures. San Francisco is the first city in the United States to approve Cruise, an AV ride-sharing company owned by General Motors, to charge a fare for its rides. Unfortunately, the AV ride-share is not accessible to individuals who are independently using a wheelchair and need assistance to get into a car and store their chair. If an individual has an electric wheelchair and want to use a ramp to enter, they cannot do so because the AV technology is in the floors and the wheelchairs are too heavy. Those who use wheelchairs, have a visual impairment, and hearing impairment all have access barriers to these vehicles.
There are very few moments in history where regulation could shape an industry before its products are introduced into society, but right now, automakers have the opportunity to design their products in a way that does not exclude people with disabilities. The Americans with Disabilities Act (ADA) and applicable regulations are silent on guiding standards that companies must comply with to ensure that those with disabilities have appropriate accommodations in the AV market. I propose a three-tier approach to AV regulation: secure legislation from Congress, administrative guidance from the executive branch, and cooperation from the market. This plan can help ensure that the needs of individuals with disabilities are considered when AV technology is being designed and tested, rather than included later as an afterthought.
Congress
On August 8th, Representatives Robert Latta (R-OH 5th) and Debbie Dingel (D-MI 12th) announced their new bi-partisan legislative initiative called the Autonomous Vehicle Caucus. Seeing the writing on the wall, these members of Congress are striving to ensure that the United States stays on the forefront of technology and regulation. In 2021, Rep. Latta introduced the bill SELF DRIVE in the House of Representatives. The bill outlines a federal regulatory framework for the auto-industry. The SELF DRIVE bill emphasizes that States cannot discriminate against those with disabilities for licensing regulation. Yet, the bill lacks any framework of standards to ensure accommodations are made for those with disabilities. Due to this silence and the lack of regulation from Congress, companies like Waymo and Cruise have created AV’s that are not accessible for those in wheelchairs, while May Mobility is accessible and proves that creating accessible AV’s is possible.
Congress can help create an enforceable accessibility standard for all companies. Congress could implement accommodations into the SELF DRIVE bill, but the most powerful solution is to update the ADA to codify standards for automakers as they design AVs so those with disabilities are not an afterthought.
Executive Branch
The executive branch does not have the authority to create legislation, but can help administer laws by creating agencies. The United States Access Board is an independent federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards. The Board shares these standards with federal agencies to implement, but implementation has been slow. For example, the Department of Transportation (DOT) was given updated standards for buses in 2016, and the policies are still not implemented and, therefore, still not enforceable.
The President should act to address this delay in implementation by DOT and other federal agencies. The President should issue an Executive Order to emphasize and acknowledge that the role of the Access Board is to function as a coordinating body. As the Access Board crowdsources information and creates solutions, agencies need to implement the Access Board’s guidelines and standards more quickly. With the President’s support, these regulatory agencies, specifically DOT, could publish enforceable standards to ensure that AVs are accessible for all.
Market
The market can move mountains in terms of accessibility. History has shown that if one company starts to make its product fully accessible, others will follow suit. For example, Microsoft was the first company to create a speech-to-text option for those with visual impairments. Other tech companies have followed suit—for example, every Apple product on the market is accessible for those with a visual impairment right out of the box.
Companies are making the effort to partner with different non-profits to educate themselves on the needs of those with disabilities. However, this strategy can leave gaping holes if a certain disability is not represented to voice their concerns. Cruise, for example, hired an individual who previously worked at a nonprofit whose mission is to ensure that those with spinal injuries or who use a wheelchair have equitable access. Hiring employees with first-hand knowledge is important because it shows that the company values and is listening to those with disabilities on its internal teams.
Many companies know about the weaknesses of their AV design but have done little to show that they are working towards solutions. Companies need to partner with nonprofits that represent those with disabilities for more than just the PR value. They need to hear from members of the disability community. They should incorporate these voices in their AV design, rather than address them as an afterthought in response to regulation.
Conclusion
Because the ADA wasn’t implemented until after the auto-boom, many vehicles today are not accessible for those with disabilities. Now, as we enter a new era of technology, through the combined effort from Congress, the Executive, and the market, we can make real change and ensure that AVs are accessible for all riders.