The future of driving cars might rely on whether your behaviors determine if you’re fit to drive via monitoring. This requirement, also known as a ‘kill switch,’ was originally introduced in 2021 after Congress officially passed the HALT Drunk Driving Act, and is intended to prevent drunk driving.
With this law in place, the National Highway Traffic Safety Administration asks that automakers install the devices in new vehicles within the next five years, with the deadline coming up. It is unclear what is expected to be done concerning privacy, surveillance, and who controls the data that is being monitored.
It is also unclear exactly what will happen if the vehicle determines that a driver is too impaired to drive. However, it has been revealed that motorcycles and particular trucks that do not carry passengers are to be exempt from having these ‘kill switch’ devices installed.
In recent months, there have been several politicians who’ve attempted to repeal the mandate, with many believing that the mandate doesn’t justify giving anyone the ability to monitor drivers. Supporters of the regulation are firm on their stance about preventing deadly crashes caused by impaired driving.
What Does the Law Say?
The ‘kill switch’ refers to Section 24220 of the 2021 Infrastructure Investment and Jobs Act. It is intended to be a safety device within the vehicle that will be expected to track things such as eye movement to determine if drivers are impaired.
More specifically, the technology can “passively monitor the performance of a driver of a motor vehicle” and “prevent or limit motor vehicle operation if an impairment is detected.” It is important to note that the term ‘kill switch’ is not included within the legislation itself.
The law has not yet been mandated, though the regulations are still actively being drafted by the NHTSA. However, some politicians have backed a bill that repeals the requirement set by the NHTSA called the ‘No Kill Switches in Cars Act.’ It was last introduced in the House in February of this year. Within it, it states that “Currently, there is no federal motor vehicle safety standard that requires the technology.”
Some Disagree With the ‘Kill Switch’ Law
Those who disagree with the idea of the ‘kill switch’ in future vehicles have attempted to introduce amendments to defund the mandate, though it failed in a 164-268 vote. According to Kentucky Representative Thomas Massie, “The car itself will monitor your driving, and if the car thinks that you’re not doing a good job driving, it will disable itself. So the car dashboard becomes your judge, your jury, and your executioner.”
Others, including Texas Representative Chip Roy, also disagree with the law, arguing that it is a Biden-era surveillance mandate that is a threat to Americans’ Fourth Amendment rights. He says, “Do you really want to put that kind of data collection mandated inside every car? At what point is there just literally no privacy at all anywhere?”
There is also the fear of the devices collecting ‘false positives,’ and disabling drivers who are not under the influence or impaired. Some groups, including Mothers Against Drunk Driving (MADD), highly support the technology, stating that it will only prevent the vehicle from operating if the driver is actively impaired.
Some Do Agree With This Change
MADD posted a statement in November 2023 that objects to Representative Thomas Massie’s proposal to reverse the law. According to the Insurance Institute for Highway Safety, the impaired driving prevention technology could save more than 10,000 lives a year when implemented.
The organization also said that there have been misinformed reports about the technology behind the ‘kill switch,’ stating that law enforcement would be able to stop the vehicle remotely. MADD CEO Stacey D. Stewart writes, “MADD would not support a ‘kill switch’ that could be used by law enforcement to disable a vehicle or technology that tracks the driver’s location or collects, uses or stores any data that would compromise the privacy of vehicle occupants. The technology is solely to prevent impaired drivers from illegally operating vehicles and causing deaths and injuries.”
A clear outline of what is expected to be monitored once vehicles are outfitted with the device has yet to be revealed. However, as the topic continues to gain momentum, more people are sharing their opinions concerning surrendering privacy.