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‘Juror And The Executioner’: Thomas Massie Presses DOT Official On ‘Kill Switch’ Mandate

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Republican Rep. Thomas Massie grilled a Transportation Department official over a federal “kill switch” mandate for automobiles during a congressional hearing Wednesday.

The mandate for automobile manufacturers to include a “kill switch” to address impaired driving was included as part of the bipartisan infrastructure bill President Joe Biden signed into law in 2021. Massie’s amendment to kill the mandate was defeated by the House of Representatives Nov. 7 by a 229-201 vote. (RELATED: ‘A Backseat Driver And Nanny’: Thomas Massie Speaks Out On ‘Kill Switch’ Provision That Could ‘Disable’ Vehicles)

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“Section 24220 of the Infrastructure Investment and Jobs Act requires NHTSA, your department, to issue a regulation that by 2026, all newly manufactured passenger vehicles can — and now I’ll read from the statute — ‘passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired and prevent or limit motor vehicle operation if an impairment is detected,’” Massie said to National Highway Traffic Safety Administration Acting Administrator Ann Carlson during Wednesday’s hearing of the House Transportation Committee’s Subcommittee on the Highways and Transit. “Now we’re two years past the passage of this law and we’re three years away from the deadline, not just for the rule, but for the auto manufacturers to comply. How will this technology work? And does it exist presently?”

The “kill switch” technology would disable a car if it determined the driver is intoxicated or otherwise impaired through the use of sensors in the vehicle that monitor for abnormal movements by the driver.

“We think there are promising technologies on the market but I think it’s safe to say that we do not think they are available yet in a way that actually will achieve the goals, both of the bipartisan infrastructure law and the Vehicle Safety Act, and our [Advance Notice of Proposed Rulemaking] actually asks a bunch of questions about how we might get there,” Carlson responded. “If we do get there, what problems might arise as a result? We don’t, for example, want to have false positives, where somebody is detected to have … alcohol in their blood … and in fact does not, and can’t start their vehicle.”

Massie pressed Carlson over the lack of viable technology. The Biden administration is also pushing to develop so-called “intelligent speed assistance” technology for automobiles.

“Let me just say, I had a mentor who told me that hope is not a business plan, and I think that applies here,” Massie said. “You know, before seatbelts were mandated, they were an option in cars. Before airbags were mandated, they were an option in cars. And before backup cameras were mandated, they were an option in cars. I think this is one area where Congress is way … in front of its skis, and they’ve mandated a technology that, I mean, you’re being nice about it, but let’s just admit to it, it does not exist. If it did, somebody would be offering it in a car.”

“It’s no secret, I tried to defund the mandate recently in the — in a funding bill, and that’s because it’s just not feasible,” Massie added. “As you mentioned, the false positives would far outweigh the advantages. You have a mother who swerves to miss wildlife and then goes around a pothole, then pulls over for an ambulance, and the dashboard is the juror and the executioner, and it says get over to the side of the road with your kids and wait there.”

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