Automotive & Trucking

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On March 10, the National Highway Traffic Safety Administration (NHTSA) hosted a public National Autonomous Vehicles (AV) Safety Forum, bringing together federal officials, regulators, and leading figures from the autonomous vehicle industry for a full day of discussions on safety, regulation, and the road ahead for commercial scaling of AVs.

Secretary of Transportation Sean Duffy opened the forum by characterizing the current moment as a “golden age” of innovation for autonomous vehicles, while acknowledging the need for a “Goldilocks approach” — one that avoids moving too fast at the risk of compromising safety, or moving too slowly at the risk of falling behind global competitors.

Continue Reading NHTSA Holds Public National Safety Forum on Autonomous Vehicles

Yesterday, the Washington, D.C. Auto Show held its annual “Public Policy Day” to kick off the event, which is a staple in the city each January. The conference started with a discussion by Congresswoman Debbie Dingell of Michigan’s Sixth District and Congressman Bob Latta of Ohio’s Fifth District, moderated by Thomson Reuters correspondent, Dave Shepardson. In addition to panels reflecting multiple industry perspectives, the five-hour program featured a keynote presentation by Transportation Secretary Sean Duffy that was moderated by John Bozzella, President & CEO of The Alliance for Automotive Innovation; a closing discussion by NHTSA Administrator Jonathan Morrison that was moderated by Mike Stanton, President and CEO of the National Automobile Dealers Association; and a fireside chat with Department of Energy Under Secretary Alex Fitzsimmons and others.    

Continue Reading On the Cutting Edge: The D.C. Auto Show’s “Public Policy Day”

The National Highway Traffic Safety Administration (NHTSA) hosted its Fall 2025 Safety Research Portfolio Public Meeting on November 20. See below the main topics discussed, which offer insights into the agency’s ongoing and future research initiatives aimed at improving roadway safety.

NHTSA’s Strategic Priorities

In his opening remarks, NHTSA Administrator Jonathan Morrison shared the agency’s current key priorities:

  • Increase technical engagement between the automotive industry and stakeholders.
  • Enhance the agency’s transparency and communication with an outward-facing approach.
  • Work to bring down the average age of vehicles (currently 13 years), by making cars more affordable.
  • Deter risky driving behaviors such as impaired and distracted driving.
  • Improve emergency post-crash responses.
  • Promote technological innovation—especially automated driving—while maintaining a focus on safety.
Continue Reading Report: NHTSA’s Fall 2025 Safety Research Portfolio Public Meeting

“There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.”

The late Supreme Court Justice Antonin Scalia authored this line in his majority opinion for United States v. Jones, 565 U.S. 400 (2012), a case in which Justice Scalia—a contextualist who often argued that citizens have no Constitutional right to privacy—stated that attaching a GPS tracker to a vehicle was a violation of the Fourth Amendment and, indirectly a violation of the privacy of an ordinary citizen. In making this statement, Justice Scalia and the majority touched on an ongoing, rhetorical question at the intersection of transportation and the law that states are still grappling with thirteen years later: what rights to privacy do citizens have on public roadways?

Continue Reading Big Data v. the Individual’s Right to Privacy on the Road
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Last Thursday, the Senate confirmed three of President Trump’s picks for Department of Transportation (DOT) administrator positions:

  • Jonathan Morrison, National Highway Traffic Safety Administration (NHTSA)
  • Sean McMaster, Federal Highway Administration (FHWA)
  • Paul Roberti, Pipeline and Hazardous Materials Safety Administration (PHMSA)

The confirmations were considered “en bloc,” meaning that the administrators, along with 45 of President…

A recent Supreme Court petition in Montgomery v. Caribe Transport II LLC et al. seeks to resolve a deepening circuit split over whether state-law negligence claims against freight brokers are preempted by the Federal Aviation Administration Authorization Act (FAAAA). While courts broadly agree that the FAAAA preempts state laws “relating to a price, route, or service of any motor carrier,” they diverge on whether the statute’s “safety exception” —which provides in relevant part that the FAAAA “shall not restrict the safety regulatory authority of a State with respect to motor vehicles”—permits claims for negligent hiring or selection against brokers.

Continue Reading Supreme Court Asked to Resolve Circuit Split on Freight Broker Liability
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The European Commission has for the first time issued informal guidance under its revised 2022 Notice relating to “novel and unresolved” competition law questions. The two guidance letters, issued on July 9, 2025, both concern the transport sector. The first letter addresses a sustainability agreement aimed at reducing CO2 emissions in European ports by facilitating…

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In Kiekert de Mexico S.A. de CV v. Brose Jefferson, Inc., another federal court in Michigan relied on the 2023 Airboss ruling regarding “release-by-release” agreements in an order allowing an auto parts supplier in Mexico to reject order-by-order purchase releases from a Michigan purchaser, finding that the “needs” of the buyer under the parties’ agreement were too vague to meet the statute of frauds.

At the heart of this issue is what amount of specificity exactly is required to spell out a “requirements contract,” which is enforceable under the statute of frauds and cannot be terminated on an order-by-order basis. In the absence of sufficient specificity, a release-by-release agreement allows either party to walk away from the “blanket” or “umbrella” supply agreement except as to specific release orders that are issued and accepted.

Continue Reading Another Michigan Auto Parts Agreement Terminated Under Release-By-Release Doctrine

On Thursday, the President signed three Congressional Review Act (CRA) resolutions that effectively prevent California from implementing its zero emission mandates for passenger vehicles and commercial trucks and its stricter emission standards for heavy-duty vehicles. Previously, the Government Accountability Office and the Senate Parliamentarian determined that the Biden Administration EPA’s approvals of these mandates were…