Kill switch mandate? Well, not exactly.

There’s been a growing concern over a “federal mandate for kill switches” and “federal car surveillance laws”. Generally we’re hearing talk that every car built from 2027 forward is required to comply. So, is it true? Like many things involving the government, it’s not as easy as yes or no.

Let’s start off with one important disclaimer – none of us here are attorneys, and we are not offering legal advice or opinions. The information here has been compiled and gathered the same way most of us do research, through online sources and comparing the information.

At the core of the issue is part of the 2021 Infrastructure Investment and Jobs Act. Part of that law addresses systems that can detect distracted, fatigued, or impaired drivers. The National Highway Traffic Safety Administration (NHTSA) is tasked with developing the rules and systems, and then automakers would be required to implement technologies “within 5 years of passage” of the law… which would be this year, or early next year at the latest. A draft was required by 2024, and NHTSA missed that deadline.

So far, NHTSA does not have those rules written, not even a draft. Since there are no written rules from the enforcing and implementing agency, it’s awful hard for the automakers to comply, isn’t it? There are multiple factors that are adding to the delay. Some of the highlights there include privacy concerns, technical limits on impairment detection, risk of misinterpretation of driver condition by technology, public comment on invasive reach of the technology, automakers, or government, government efforts to amend or block implementation, and others. Once the NHTSA finalizes the rule set, there will be a time period for automakers to put whatever tech is required in place. How long will that take? It depends on what tech is needed.

What do cars right now gather for information? Ford vehicles equipped with the SYNC Connect/FordPass Connect/FordPass/Ford App modem already gather and transmit vehicle data back to Ford. Most of that is information on how the vehicle operates and what features are getting used. Location data is available as well, and we can use that ourselves through the Ford App. Ford does not sell or share that information, it’s used internally to optimize vehicle operation and streamline future vehicle options. Any smart phone gathers and shares (or sells) more data than your vehicle does. The modem does have capabilities to inhibit the starting of a vehicle in case of theft or lost keys, and that is part of the Ford Security Package available on some current vehicles. Additionally, Ford’ BlueCruise system uses a sensor system to ensure the driver is watching the road, but it only monitors the driver’s eyes.

So will 2027 vehicles all carry this “federal kill switch”? No, because 2027 vehicles are already going into production and the rules aren’t set. There’s not an easy way to know what, if any, systems are upcoming because the rules aren’t set and continue to be challenged by many issues. There’s also not an easy way to know when, if ever, there will be any change to required systems.

Ben