US agencies want anti-drunk-driving tech in cars but "complicated rulemaking" stands in the way

Drunk driving is a major concern in the US, so much so that several US government agencies have been trying to get carmakers in the country to equip their vehicles with devices or technologies that wouldn’t allow drivers to operate their cars when they are drunk. However, because of administrative issues, state laws and federal regulations, any progress made in this area dies a quick death. In a recent announcement, the US National Highway Traffic Safety Administration or NHTSA has once again emphasised the inadequacy of current in-car technologies, used by major automakers such as Ford and GM, in addressing the challenges posed by drunk driving. The agency’s stance is detailed in a newly released 99-page “advanced notice of proposed rulemaking,” serving as a precursor to potential regulations mandating advanced in-car systems capable of detecting alcohol impairment in drivers. The NHTSA is actively soliciting public input to identify suitable technologies for inclusion in vehicles that can effectively prevent or mitigate the risks associated with drunk driving. The agency acknowledges the absence of commercially available options and has invited comments from the public for 60 days following the publication of the notice in the Federal Register. After evaluating 331 driver monitoring systems, the NHTSA found none capable of adequately identifying impairment that would come from being drunk among commercially available options. While three systems in the research and development phase claim to detect alcohol-based impairment, they were not disclosed in the report. The impetus for this initiative stems from President Biden’s mandate in the bipartisan infrastructure law of 2021, tasking the NHTSA with developing a federal motor vehicle safety standard to determine driver impairment through passive monitoring or accurate detection of blood alcohol concentration, or a combination of both. According to NHTSA’s findings, blood alcohol detection technology appears to be a more viable near-term solution. However, challenges arise as many states currently require active engagement with breathalyzer-based alcohol ignition interlocks, which contradicts the law’s passive requirement. A potential alternative explored by NHTSA involves a public-private partnership with the Automotive Coalition for Traffic Safety dating back to 2008. DADSS or Driver Alcohol Detection System for Safety has developed both breath- and touch-based methods for detecting driver impairment. While the breath-based method is considered active, the touch sensor, designed to be embedded in the push-to-start button, could be deemed passive. Robert Strassburger, CEO of ACTS, suggests that the touch sensor might be the most viable short-term option, pending public feedback. He emphasizes the importance of consumer acceptance and avoiding a significant shift in how drivers interact with their vehicles. The NHTSA faces a challenging timeline, with the final regulation requiring standardization by November 2024. The complexity of the rulemaking process is evident in the multitude of questions posed by the agency, ranging from issues related to driver monitoring to defining the term “passive.” Concerns include ensuring the driver’s identity when using a touch sensor in the start-stop button and deciding whether the system should prevent a car from starting if the driver is deemed too impaired. Complicating matters further, scenarios such as a driver attempting to escape a wildfire add layers of intricacy to the ongoing regulatory efforts.