- House Republicans failed last week in an effort to rescind a part of a 2021 law that would require anti-drunken-driving technology in future cars.
- Critics have called the measure a “kill switch” and implied that it would let the government remotely deactivate cars, but there is no such requirement in the law.
A growing social media frenzy suggests that the federal government will soon require a “kill switch” in new cars. In its most extreme form, the claim says it would let government officials deactivate all cars remotely.
The rumor spiraled last week as politicians got involved. Florida Gov. Ron DeSantis posted to X (the social media site formerly known as Twitter) saying, “The idea that the federal government would require auto manufacturers to equip cars with a ‘kill switch’ that can be controlled by the government is something you’d expect in Orwell’s 1984.”
What is this controversy that pits Mothers Against Drunk Driving (MADD) against the governor of Florida and some House Republicans?
It’s About Drunken Driving Tech
- The law requires driver monitoring tech that would stop a drunken driver, but nothing that communicates outside the car.
The law in question is known as the HALT Drunk Driving Act, and was passed as part of the 2021 Infrastructure Investment and Jobs Act. It passed both the Senate and House that year, with the support of all Democrats and 19 Republicans in the former, and 200 Democrats and 13 Republicans in the latter.
Related: Mandatory Anti-Drunk-Driving Tech Coming to New Cars Soon
Among other things, the law required the National Highway Traffic Safety Administration (NHTSA) to write new rules requiring automakers to install anti-drunken-driving technology in new cars within five years after passage.
The law’s text is relatively short. It tells the agency to require a “passive system” that:
- “monitors a driver’s performance to identify impairment of a driver”
- “passively detects a blood alcohol level equal to and exceeding .08 blood alcohol content”
- Or, “detects impairment and prevents or limits vehicle operation”
NHTSA Hasn’t Done Anything Yet
- The agency is late with writing the rules.
Congress passes laws. Agencies like NHTSA write regulations that explain the specifics of how those laws will be carried out.
When an agency writes a new regulation, it must post drafts for public comment, allow time for the public to respond, and then finalize them.
Related: Dead Pedal – Regulators Want Cars That Can’t Speed
To date, NHTSA has not posted a draft. Congress gave the agency five years to complete the rule, but required a draft in 2024. No draft has been published.
In a 2024 report to Congress, the agency said it was “working diligently” on a rule.
Rumors Say It’s Much More Than Anti-Drunken-Driving Tech
- Social media users and some politicians have suggested that it would give the government remote control of cars.
Social media rumors began circulating in recent weeks, fixated on the term “kill switch.” Rumors suggest the measure would give the government the ability to deactivate cars remotely.
That prompted some House members to attempt to repeal the HALT Drunk Driving Act last week, but the effort failed.
Politicians have adopted that claim. Rep. Keith Self (R-Texas) posted on X that the measure would “ensure the government can shut off your car whenever it wants.”
The law arguably creates a kill switch — the technology would let a car deactivate itself if a system determined that the driver was likely impaired. It does not create a kill switch that anyone outside the vehicle could control.
Some privacy advocates worry, however, that any shutdown technology could eventually allow remote control, as today’s cars increasingly communicate with external servers as they drive. To date, those servers belong to automakers.
What Automakers Have Actually Tried to Build
- It won’t be a Breathalyzer. Automakers are trying to add a function to the driver monitoring systems they already have.
Automakers, meanwhile, are trying to develop the technology the bill requires.
They’re focused on the word “passive” in the bill. Something like an in-car Breathalyzer is likely too active to pass legal muster.
But many of today’s cars already have systems monitoring the driver’s attention. They work with hands-free highway driving assistants, like GM’s Super Cruise or Tesla’s Full Self-Driving (Supervised) system.
Some systems use a camera to track the driver’s eyes. Others use accelerometers to detect stable inputs to steering.
NHTSA could mandate such systems, which might detect an impaired driver. Since most automakers already build them into some cars, they could spread them to all vehicles to meet the new mandate.
MADD, Safety Groups Want This
- MADD and some car safety advocates pushed for the bill and are trying to advance the technology.
MADD, for its part, says the technology “will save more than 10,000 lives each year.”
The group adds that it “does not introduce new privacy risks beyond the data already generated by modern vehicles, and it should not require personal data to be stored or shared. The sole purpose is simple and limited: to stop someone from driving while illegally impaired.”
The Insurance Institute for Highway Safety, a safety watchdog group funded by insurance companies, recently announced that only cars with driver monitoring technologies will be eligible for its highly-regarded safety awards by 2030.
