Autonomous machines that operate on public roads and sidewalks, including robotaxis, driverless trucks, and sidewalk delivery robots, are regulated mainly by the states, within a federal framework that governs vehicle design and safety. The result is a patchwork: what is allowed in Arizona or Texas may require a permit in California and may not yet be allowed elsewhere. Cities add another layer through right-of-way, curb and sidewalk rules.

The Federal Layer

The National Highway Traffic Safety Administration (NHTSA) regulates the design and performance of motor vehicles through the Federal Motor Vehicle Safety Standards (FMVSS), as well as defect investigations and recalls. Many FMVSS were written assuming a human driver with manual controls. Vehicles designed without traditional controls may need an exemption, and NHTSA has taken steps to expand and streamline its exemption processes for automated vehicles.

NHTSA also requires manufacturers and operators of vehicles equipped with automated driving systems and certain driver assistance systems to report crashes under its Standing General Order, which has been amended over time. For commercial trucking, the Federal Motor Carrier Safety Administration regulates motor carrier operations, including hours of service, inspections and safety fitness, and has been addressing how its rules apply to driverless trucks.

Federal law generally leaves the regulation of drivers, licensing, traffic rules, registration and insurance to the states. There is currently no comprehensive federal statute that preempts state autonomous vehicle laws.

State Autonomous Vehicle Laws

Most states have addressed autonomous vehicles through legislation, executive orders, or both. Their approaches differ on several recurring questions:

  • Testing versus deployment. Some states require separate permits for testing with a safety driver, driverless testing and commercial deployment. California’s Department of Motor Vehicles permits testing and deployment, and the California Public Utilities Commission separately regulates passenger service.
  • Who is the “driver.” Many statutes define the automated driving system, or the person who engages it, as the driver or operator for purposes of traffic laws. This matters for traffic citations and liability.
  • Insurance and financial responsibility. States commonly require minimum insurance or self-insurance, sometimes at higher levels than for conventional vehicles.
  • Interaction with first responders. Many states require law enforcement interaction plans that explain how police and firefighters can safely stop, move or access a driverless vehicle.
  • Commercial vehicles. Some states have specific provisions for driverless trucks, and some have considered or adopted requirements for a human operator in heavy vehicles.
  • Local preemption. Many states prohibit cities from adopting their own autonomous vehicle rules, which frequently leads to tension between state permits and local concerns about traffic, curb use and emergency response.

Sidewalk Delivery Robots: Personal Delivery Device Laws

Small wheeled robots that deliver food and packages on sidewalks are usually governed by state “personal delivery device” (PDD) laws. Virginia passed the first such law in 2017, and a substantial number of states have since followed. These laws commonly:

  • define a PDD by weight (often excluding cargo) and limit its speed, with lower limits on sidewalks than on roads or shoulders;
  • give PDDs the rights and duties of pedestrians when operating on sidewalks and crosswalks, including yielding to pedestrians;
  • require a business entity to operate the device and to have a person who can remotely monitor or control it;
  • require equipment such as brakes and lights, and an identifying marker with the operator’s name and contact information;
  • require liability insurance; and
  • allow, or in some states prohibit, local governments from adopting additional rules.

Requirements vary by state, so a company launching in a new market must check the specific statute and any local rules. In cities, delivery robot programs often also require permits or agreements covering sidewalk use, data sharing and accessibility, including keeping sidewalks clear for people with disabilities.

Other Autonomous Machines

Autonomous security robots, inspection robots, agricultural machinery and construction equipment that operate on private property are generally not regulated as vehicles. They raise questions of workplace safety (see our OSHA page), premises liability, privacy and, for equipment that crosses public roads, vehicle law. Autonomous systems that collect video and audio in public and semi-public spaces should also be reviewed against state privacy, biometric and wiretap laws.

Data and National Security

Connected and autonomous vehicles collect large volumes of camera, sensor and location data. Federal restrictions on connected-vehicle hardware and software from countries of concern also apply to some vehicles and components. See our post on connected vehicle AI and national security.

Practical Steps

  • Map permits, insurance and reporting obligations state by state before launch.
  • Prepare first-responder interaction plans and incident response procedures.
  • Negotiate deployment agreements with property owners, campuses and municipalities that address liability, insurance, data sharing and community complaints.
  • Build privacy notices and data minimization into camera and sensor operations.
  • Track federal developments that may preempt or reshape state requirements.

This page provides general information, not legal advice. State autonomous vehicle and delivery robot laws change frequently and vary significantly. Reading this page does not create an attorney-client relationship.