The Road Ahead for Driverless Vehicles: DOT Unveils AV 5.0 National Strategy

The U.S. Department of Transportation (DOT or the Department) on September 3, 2026, released its latest guidance outlining the Department's approach to automated vehicles (AVs). The document, titled "America Leads: DOT's National Strategy for Automated Vehicles, Fiscal Years 2026-2030" (Strategy or AV 5.0), supersedes DOT's prior series of AV policy statements dating back to 2016 and builds directly on the National Highway Traffic Safety Administration's (NHTSA) April 2025 AV Framework.

The Strategy is not a rulemaking and creates no new binding obligations. It is, however, a significant signal of DOT's regulatory priorities and enforcement posture for the AV industry over the next several years. Companies developing, manufacturing, deploying or insuring AVs – whether robotaxis, purpose-built shuttles or automated commercial trucks – should take note of the specific regulatory actions the Strategy previews.

Background and Purpose

The Strategy describes itself as DOT's "unified approach" across its operating administrations – NHTSA, the Federal Motor Carrier Safety Administration (FMCSA), Federal Highway Administration (FHWA), Federal Transit Administration (FTA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) – to AV oversight, research and stakeholder engagement. The Department frames the initiative around a narrative centered on American automotive leadership and positions AVs as "the next evolution of the automobile."

Notably, DOT expressly anticipates a long transition period in which conventional, human-driven vehicles continue to share the road with AVs rather than a wholesale replacement of manual driving. The Department also draws a semantic distinction worth noting for drafters: It prefers "automated" over "autonomous" and uses "ADS-equipped" (automated driving system) as the technical descriptor for a vehicle operating such a system.

The Four AV Goals

The Strategy organizes DOT's activities around four goals that expand on NHTSA's 2025 Framework principles into a departmentwide, multimodal perspective.

1. Prioritize Safety: DOT reiterates that safety oversight and enforcement remain its central role, even as it works to "remove unnecessary barriers." NHTSA will continue defect investigations, recalls and crash-reporting oversight, and FMCSA will continue oversight of commercial motor carrier compliance and vehicle maintenance for ADS-equipped trucks and buses. The Strategy frames safety oversight as a precondition for – not an obstacle to – industry growth.
2. Provide Regulatory Certainty: DOT acknowledges that many existing Federal Motor Vehicle Safety Standards (FMVSS) and Federal Motor Carrier Safety Regulations were written on the assumption of a human driver and applying them unmodified to purpose-built AVs – vehicles with no steering wheel or pedals – can create barriers that serve no safety purpose. The Strategy commits DOT to continued modernization of these standards, as well as faster, more predictable exemption processing.
3. Promote American Innovation: The Strategy emphasizes expanding commercial AV deployment domestically for both passenger and freight applications and supporting U.S. companies' competitiveness abroad – including through international standards work aimed at securing recognition of the U.S. self-certification model in global markets. DOT also commits to working with industry and labor stakeholders on workforce transition issues as automation affects transportation jobs.
4. Facilitate Interoperable Corridors: DOT will use its convening authority to promote cross-state data interoperability and digital infrastructure along the interstate system. Importantly, the Strategy is explicit that AVs are designed to operate safely using currently available infrastructure and will not depend on smart infrastructure or vehicle-to-everything (V2X) investment as a precondition for deployment. Infrastructure owner-operators are not expected to make AV-specific capital investments in the foreseeable future.

Regulatory Actions to Watch

The Strategy catalogs a substantial slate of rulemakings, exemptions and guidance efforts already underway. Key items for stakeholders to track include:

Exemptions and Standards Modernization

• Exemption Streamlining: NHTSA has streamlined internal processes and is working to issue new guidance for manufacturers planning to submit exemption applications. Earlier this year, NHTSA – for the first time – granted an exemption application to permit commercial deployment of purpose-built robotaxis that do not have standard features such as steering wheels or pedals. (See Holland & Knight's previous alert, "Green Lights and Red Flags: Autonomous Vehicles Rule the Roads in Summer 2026," July 31, 2026.) Another application to deploy a driverless transit shuttle is still pending with NHTSA.
• Domestic Manufacturer Parity: NHTSA has expanded exemption-program eligibility – previously available primarily to importers – to domestically produced vehicles.
• FMVSS Rulemakings in Progress: Proposed or ongoing modernization efforts affect FMVSS Nos. 101 (controls and displays), 102 (transmission shift/starter interlock), 103-104 (windshield defrosting/wiping), 108 (lamps), 110 (tire/rim requirements), 126 (electronic stability control), 135 (brake systems), 201/208 (occupant protection) and 111 (rear visibility).
• ADS Performance Standards: NHTSA is developing an advance notice of proposed rulemaking (ANPRM) to establish objective, minimum performance standards for ADS competency – a potentially significant step toward a formal certification framework for automated driving systems.

Commercial Motor Vehicles and Hazardous Materials

• FMCSA is developing rulemaking amendments to the Federal Motor Carrier Safety Regulations governing operation of ADS-equipped commercial motor vehicles.
• PHMSA has issued an ANPRM seeking comment on revisions to the Hazardous Materials Regulations to accommodate automated transport of hazardous materials.

Guidance and International Engagement

• NHTSA is preparing updated voluntary guidance to succeed its 2017 ADS 2.0: A Vision for Safety document, expected to address remote operations, over-the-air software updates, emergency-responder interaction protocols and safety management systems.
• NHTSA continues to lead U.S. engagement at the United Nations Economic Commission for Europe's working party on automated and connected vehicles, including shaping the 2026 global technical regulation on ADS dynamic driving task management.

Jurisdictional Framework: No Change to Federal-State Division

The Strategy reaffirms DOT's long-standing jurisdictional position: NHTSA regulates vehicle and equipment safety while states retain authority over licensing, registration and traffic law enforcement. The Department notes that this relationship becomes "increasingly complementary" as AV adoption grows – a traffic law violation by an AV, for instance, may also serve as evidence of a potential safety-related defect subject to NHTSA oversight. DOT commits to continued convening of federal, state and local co-regulators but does not propose to alter the existing division of authority.

Research and Deployment Initiatives

Beyond rulemaking, the Strategy highlights a range of ongoing research and pilot programs relevant to specific sectors:

• a $25 million Rural Autonomous Vehicle research program awarded in March 2026 to study AV deployment outside urban corridors
• FTA-sponsored research on transit bus automation accessibility for riders with cognitive, sensory and mobility disabilities
• FHWA/Intelligent Transportation Systems Joint Program Office work to digitize traffic rules into machine-readable formats for cross-jurisdictional ADS compliance
• development of an emergency response framework governing first-responder interactions with ADS-equipped commercial trucks
• a pilot partnership with the National Park Service to test AV shuttle services in national parks
• planned revisions to the Manual on Uniform Traffic Control Devices to support safe AV road integration
• an Interstate Corridor Modernization initiative advancing real-time data sharing for events such as emergency closures and roadway realignments

Key Takeaways for Industry

• Deregulatory Momentum Continues: The Strategy confirms DOT's intent to continue streamlining FMVSS exemptions and modernizing standards for vehicles without manual controls – good news for purpose-built AV developers, but implementation timing for specific rulemakings remains uncertain.
• Safety Enforcement Is Not Relaxing: Defect investigation, recall authority and crash-reporting obligations remain fully in force, and NHTSA is actively developing new ADS performance standards – a potential first step toward mandatory certification requirements.
• No New Infrastructure Mandates: Companies should not expect (or plan around) government-funded V2X or smart-infrastructure buildouts as a deployment prerequisite. DOT has been explicit that AVs must operate safely with existing infrastructure.
• State Authority Is Undisturbed: Fleet operators should continue to track state-level licensing, insurance and traffic-law compliance requirements separately from federal equipment and safety standards. The Strategy does not federalize these areas.
• Commercial Trucking Is Squarely in Scope: FMCSA's parallel rulemaking track and the planned emergency response framework signal that automated freight operators should expect sector-specific compliance obligations distinct from passenger AV requirements.
• Monitor Exemption Precedent Closely: Recent exemption activity will likely serve as a template – and potential leverage point – for other companies seeking FMVSS exemptions for purpose-built designs.

Looking Ahead

The Strategy is best understood as a road map rather than a rulebook: It does not itself impose new requirements, but it previews a substantial pipeline of rulemakings, exemption decisions and guidance documents that are anticipated over the next several years. Companies operating in this space should track the specific dockets referenced in the Strategy – particularly the FMVSS modernization rulemakings and forthcoming ADS performance-standards ANPRM – as these will translate DOT's stated priorities into enforceable obligations.

Holland & Knight's Autonomous Transportation Team continues to monitor developments in the AV industry. For questions or potential impacts to your business, contact the author or another member of the team.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.