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Eagle Forum
February 26, 2024
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Department of Transportation Looking Into Disabling Cars At-Will

The Biden administration is trying to be a “backseat driver” by encroaching on our property and privacy rights. The Department of Transportation (DOT) has started the process of implementing a device mandate in all new cars that would spy on our driving and have the ability to disable the car. Mandating a kill switch in our vehicles would be the death of our automobile autonomy. 

In 2021, House Democrats passed a “woke” infrastructure bill into law that drove the nation billions of dollars further into debt while aggressively promoting Green New Deal policies. One of those policies buried deep into the text was a way for the federal government to control our vehicles. The law explicitly calls for automobile manufacturers to include in every car a system to “passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired” and will “prevent or limit motor vehicle operation if an impairment is detected.” In other words, the feds will mandate that your new car be equipped with technology to prevent you from starting or even force your car to be shut off if the device senses a difference in your driving. 

While the left claims this is a way to cut down on drunk driving, there is no language specifically addressing the reading of blood alcohol levels. The language is so broad, that your car could shut down simply from swerving to miss something in the road or misreading a new driver’s practice as “impaired driving.” If a car is disabled because of this feature, it could become a hazard on the highway or leave someone stranded in poor conditions. Once these devices are mandated in all cars, the expense will be borne by consumers, not the federal government or the manufacturer. All of these problematic issues have not been addressed, yet the DOT is beginning the process of mandating every new car be equipped with such technology. 

You can make your voice heard as the DOT begins the process of drafting a kill switch rule by submitting a comment. We have provided you a sample comment, but recommend you take the following talking points to draft your own submission. When a comment differs from others, the DOT must read and respond to each individual comment. 

Submit your comments before March 5th to let them know that you oppose this regulation.

Please leave your comment using the one we put together or – better yet – put it in your own words, which would likely be more effective than “just another form letter” from the recipient’s standpoint.

Suggested Comment:

As an American citizen, I am concerned about the Department of Transportation’s decision to move forward to create a regulation mandating a kill switch on all new automobiles. 

The language in the Infrastructure Investment and Jobs Act is extremely broad, leaving the door open for infringement upon the privacy rights of Americans. Tracking a person’s activities either by sensors or cameras strips the user of their autonomy.

Under the rule of law, a person is considered innocent until proven guilty in a court of law.  How does a mandatory sensor protect the innocent? If the sensor detects “impaired driving” and prevents a vehicle from starting, are not the innocent deemed guilty without even an opportunity to explain or defend themselves?

Before issuing any regulation, the Department must first answer the basic question: What device is being mandated? Has such a device already been created? If so, what is the reliability and accuracy of the readings? No technology has 100% accuracy, which means if such a device would trigger a disabling of the vehicle, an innocent person or family could find themselves unable to start their car, or worse, have their vehicle disabled in the middle of the highway or in poor conditions. These errors could be used against a person to impose traffic violations or be used in a court of law. 

In addition, who will have access to the data stored on these devices?  Americans do not want the Department of Transportation, the local police, or auto manufacturers to have the ability to track their movement. Serious constitutional questions must be answered before such a mandate is considered.

Another question that must be answered before considering a mandate is: What would be “read” to trigger a shutdown or prevent a vehicle from starting? Would it be blood alcohol levels? Or would it be a difference in driving? If so, simply swerving to miss something on the road or practicing with a new driver could be interpreted as “impaired driving.” 

Imposing a mandate that all new vehicles be equipped with such a device will result in increased costs. These costs will be passed along to all auto purchasers and not just those with a history of driving under the influence. Increased costs will prevent older, less safe automobiles from being replaced with safer, newer models and will hurt those with less money to spend, including the young, families, and the poor.

There are too many dangerous unanswered questions and not enough answers to move forward with such a regulation. Violating privacy rights, increasing costs for all new vehicles, and forcing untested and potentially dangerous technology on every driver is un-American. I ask that you recognize the downfalls of this type of policy and not propose such a rule.

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