The Existing Regulatory Framework in the United States
The United States does not currently have national regulations that apply specifically to AVs. Instead, AVs are subject to the same Federal Motor Vehicle Safety Standards (FMVSS) that all other new automobiles in the United States must meet (with only very limited exceptions). The FMVSS do not regulate everything on a car, but only certain vehicle components. Most of the mechanical components of vehicles that can create a risk to safety (for example brakes and tires) are subject to the FMVSS, but with few exceptions, a vehicle's electronics are not covered by the FMVSS. The FMVSS were all written with the natural assumption -that a human being would be the driver of the vehicle. That assumption, of course, is incorrect with regard to self-driving vehicles, and as a consequence, it is difficult or even impossible to determine whether an AV complies with many of the FMVSS.
As written today, the FMVSS do not regulate the control unit for the vehicle - the decision-maker that decides whether and when the vehicle accelerates and brakes, turns, honks its horn or takes any other action that affects safety. That is because until the advent of AVs, the decision maker who controls the vehicle has been a human driver. Federal law does not regulate human drivers. Instead that has been left to the states. The states regulate drivers through driving tests as a condition of drivers' licenses, and through the enactment and enforcement of state and local traffic laws that govern the decisions that drivers make as they operate their vehicles. Although the states are allowed and expected to regulate human drivers who control vehicles, federal law preempts the states from regulating the design or manufacturing of the vehicle itself if the state regulation would conflict with the FMVSS.