Driverless Truck Laws: Are Self-Driving Semis Legal? (2026)

Driverless semi trucks are running on some US highways as of September 2026, but not because a federal law authorizes them. They operate under state laws that allow vehicles with no human driver, combined with temporary federal relief from a truck-safety rule that was written for a person in the cab. That federal relief currently runs through October 9, 2026, and it is being challenged in a federal appeals court.

Are driverless trucks legal in the US?

In some states, yes, with conditions. There is no single national answer, because trucking is regulated at two levels. The federal government regulates motor carriers and commercial vehicles in interstate commerce, and each state decides whether a vehicle may drive on its roads without a human behind the wheel.

At the federal level, the honest answer is that the law was not written for this. The Federal Motor Carrier Safety Regulations assume a human driver in many places, and FMCSA has not yet proposed rules built for automated trucks. Driverless operation has proceeded on FMCSA's 2019 interpretation that its regulations do not require a human driver, plus case-by-case relief from the warning-device rule, not through an approval of driverless trucking as such.

At the state level, several legislatures have passed laws that expressly let a fully autonomous commercial vehicle operate without a driver on board, usually on conditions such as registration, insurance, a minimal risk fallback and a plan for police and first responders. Where a state's law is silent on driverless trucks, that silence is not the same as permission. The state sections below cover only what each statute actually says.

What federal law says about driverless trucks

The federal trucking rules are enforced by the Federal Motor Carrier Safety Administration (FMCSA), which is separate from NHTSA, the agency that sets vehicle design standards. For how NHTSA handles self-driving vehicles generally, see our guide to federal self-driving car laws.

FMCSA has drawn a line between partial automation and true driverless operation. In a 2023 rulemaking notice, the agency said it saw no need to change its rules for automation Levels 0 through 3, because in those trucks "a licensed human CMV driver must be seated behind the wheel of these vehicles at all times." That means a truck with driver-assist features, or even conditional automation, still needs a qualified driver under the existing rules. Our explainer on the levels of driving automation covers what those levels mean.

The same notice made clear that FMCSA's focus is Level 4 and 5 trucks, which can drive with no human at all. It said the agency was considering a requirement that motor carriers notify FMCSA before running such trucks in interstate commerce without a human driver. That idea has not become a rule.

FMCSA has also said that automation does not remove carriers from its authority. In a 2019 notice, the agency wrote that ADS-equipped trucks and the motor carriers responsible for them "remain subject to safety oversight by the Agency, whether a human operates the vehicle or not." The same notice said that, because the regulations do not require a human driver, FMCSA "will interpret its regulations to no longer assume that the CMV driver is always a human or that a human is present onboard a commercial vehicle during its operation" for a Level 4 or 5 truck.

The pending federal rule: RIN 2126-AC17

FMCSA's rulemaking on automated trucks is listed in the federal Unified Agenda as "Motor Carrier Operation of Automated Driving Systems (ADS)-Equipped Commercial Motor Vehicles," RIN 2126-AC17. The current agenda places it at the proposed rule stage, after advance notices in 2019 and 2023, with a target of August 2026 for a notice of proposed rulemaking.

As of September 2026, no proposed rule has been published in the Federal Register. An agenda date is a target, not a deadline, so nobody can say when a proposal will appear or what it will contain. Until it does, driverless operation rests on FMCSA's 2019 interpretation that its rules do not require a human driver and on waivers from the warning-device rule.

The warning triangle problem: FMCSA's waivers and the pending exemption

The rule that has mattered most for driverless trucks is a small one. Under 49 CFR 392.22(b), when a commercial truck stops on the road or shoulder for anything other than a necessary traffic stop, "the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices" required by the regulations. Those devices are reflective triangles or fusees set out behind and in front of the truck.

A truck with no one aboard cannot walk triangles down the shoulder. Driverless truck developers have asked FMCSA to accept flashing amber beacons mounted high on the cab instead. That request touches three rules: the placement rule in 392.22(b), the rule that exterior lamps be steady burning (393.25(e)), and the rule setting the types and number of warning devices (393.95(f)).

Here is how that request has moved through FMCSA:

Why the relief comes in three-month pieces

A waiver and an exemption are different tools. By statute, FMCSA may grant a waiver only "for a period not in excess of 3 months," limited in scope and circumstances (49 U.S.C. 31315(a)). An exemption can last up to five years but requires public notice and comment, and FMCSA must find it likely to achieve a level of safety equivalent to or greater than the rule it replaces.

That is why the beacon relief has been renewed in short waiver periods while the longer exemption request is pending. After FMCSA reviews the application and comments, it will grant or deny the exemption and publish that decision in the Federal Register. As of September 2026, no decision has been published.

What the waiver covers, and what it does not

According to FMCSA, the waiver lets Aurora run Level 4 trucks with cab-mounted beacons in place of the usual warning devices. Other carriers running Level 4 trucks may use it if they notify FMCSA in writing and certify compliance with its terms. In a September 21, 2026 court filing, FMCSA said Kodiak Robotics, Waabi Logistics and Stack AV had done so.

The waiver has conditions. According to FMCSA's court filing, it requires that operations occur primarily on the Interstate Highway System and sets mounting, lighting-performance and backup-power standards for the beacons. FMCSA's April 2026 notice added that each carrier operating under the waiver must report any crash that happens while the beacons are activated or should have been activated, and that double and triple trailers and tank vehicles are not allowed under the waivers; Aurora asked for those to be included in the five-year exemption.

The waiver addresses only warning devices. It is not a general federal license to run driverless trucks, and it does not change hours-of-service, drug-testing or licensing rules.

The Seventh Circuit challenge

On September 8, 2026, a petition for review, Giannoulias v. FMCSA, No. 26-2838, was docketed in the US Court of Appeals for the Seventh Circuit. The petition challenges FMCSA's July 9, 2026 waiver; the court's docket lists the agency case number as FMCSA-2026-0958, the docket for Aurora's five-year exemption application. The petitioner filed an emergency motion for an administrative stay, a stay pending review and expedited proceedings.

FMCSA filed its opposition to the stay motion on September 21, 2026, and the petitioner replied the next day. The agency record is due by October 19, 2026. As of the docket's last filing on September 24, 2026, the court had not ruled on the stay. A petition for review is a request, not a ruling, and the waiver remains in force unless the court or FMCSA acts.

Bills in Congress

Congress has not passed a law on driverless trucks. Two House bills would change the picture if enacted, and neither is law as of September 2026:

• H.R. 8870, the BUILD America 250 Act. The surface transportation bill, as introduced, would direct FMCSA to set a performance-based safety standard for automated trucks within two years of enactment, require a human operator aboard trucks carrying placarded hazardous materials or primarily minors, and treat cab-mounted warning beacons as permissible warning devices. The House Transportation and Infrastructure Committee ordered it reported, as amended, on May 22, 2026.
• H.R. 4661, the AMERICA DRIVES Act. Introduced July 23, 2025, it would preempt state laws requiring a human occupant in Level 4 and 5 commercial vehicles. It was referred to a subcommittee on July 24, 2025, with no later action.

Some online sources say FMCSA already exempts driverless trucks from hours-of-service or drug-testing limits. The FMCSA actions described above are limited to warning devices. The hours-of-service and drug-testing changes appear in proposed legislation, not in current federal rules.

Which states allow driverless trucks?

State law decides whether a truck may drive on a state's roads with nobody behind the wheel. The table below covers states whose statutes expressly address driverless commercial vehicles or heavy autonomous trucks. It is not a complete list of every state's autonomous vehicle law; for that, see our self-driving car laws by state hub.

Texas

Texas's law was rewritten in 2025, and Aurora's announced Phoenix to Fort Worth and Dallas to Oklahoma City routes both touch the state. Senate Bill 2807 provides that "any motor vehicle equipped with an automated driving system may operate in this state," with the system engaged, "regardless of whether a human driver is physically present." It also states that neither a licensed human driver nor a Texas driver's license or commercial driver's license is required when the system is engaged.

For trucks, the key change is the authorization rule. A person may not use an automated vehicle "to transport property or passengers in furtherance of a commercial enterprise" without a human driver unless the person holds an authorization from the Texas Department of Motor Vehicles and has given the Department of Public Safety a plan for how police, firefighters and medical crews should interact with the vehicle. Operating without them is a Class B misdemeanor.

TxDMV's implementing rules took effect February 27, 2026, but companies were not required to comply until the later of May 28, 2026 or 90 days after the Public Safety Commission's rules take effect. TxDMV can suspend, revoke or restrict an authorization if it finds a vehicle unsafe and a danger to the public.

Texas also says an automated truck must follow the state's commercial vehicle laws, except any provision that "by its nature reasonably applies only to a human driver." When the system is engaged, it "is the operator of the vehicle, including for purposes of assessing compliance with applicable traffic or motor vehicle laws," and citations go to the owner or the authorization holder. That operator rule is about traffic law compliance. It does not by itself decide who pays for injuries in a crash. More detail is in our Texas self-driving car laws guide.

Arizona

Arizona's statute, A.R.S. 28-9705, lets a fully autonomous vehicle that is also a commercial motor vehicle "operate pursuant to state laws governing the operation of commercial motor vehicles." The exception is "any provision that by its nature reasonably applies only to a human driver," which does not apply while the automated driving system is engaged. A fully autonomous vehicle may operate on public roads without a human driver only after a person files a law enforcement interaction plan with the Arizona Department of Transportation and the Department of Public Safety and gives ADOT a written compliance statement (A.R.S. 28-9702(C)). See our Arizona self-driving car laws page for the rest of the state's framework.

Louisiana and Alabama

Louisiana and Alabama have dedicated statutes for autonomous commercial trucks, and they read much alike. Each lets an autonomous commercial vehicle operate without a conventional driver physically present if it can comply with federal and state traffic laws (including at railroad crossings), is registered and titled, is certified to federal motor vehicle safety standards and carries liability coverage of at least two million dollars.

Both states also require that the truck be able to reach a minimal risk condition if its system fails or it leaves its operating domain, and both say registering an autonomous truck does not change the law on liability for harm or injury. Louisiana additionally requires a written statement to its Department of Transportation and Development, filed before driverless operation begins, certifying that the vehicle meets the requirements.

Kentucky's weight-based human-driver rule

Kentucky allows fully autonomous vehicles to operate without a human driver if the system is engaged and the vehicle meets safety conditions. For heavy trucks, the 2024 law added a temporary exception: from July 15, 2024 until July 31, 2026, a fully autonomous vehicle with a declared gross weight over 62,000 pounds, including any towed unit, had to carry "a human driver, with the appropriate credentials to operate the vehicle," to monitor it and intervene if necessary.

That window has closed by its own terms. A 2026 bill, House Bill 223, would have prohibited operating a fully autonomous vehicle that requires an operator with a commercial driver's license. Its last recorded action was referral to the House Transportation Committee in January 2026, and it was not enacted. Operators in Kentucky must still file a law enforcement interaction plan with the Transportation Cabinet and the Kentucky State Police before running driverless.

California

Regulations adopted April 28, 2026 removed California's prohibition on operating autonomous vehicles with a gross vehicle weight rating of 10,001 pounds or more. The DMV says manufacturers "may now apply for permits to test and deploy heavy-duty autonomous vehicle technology."

The path is gradual. Manufacturers must start testing with a safety driver, move to driverless testing, and only then apply for commercial deployment, completing 500,000 miles of heavy-duty testing at each phase and preparing a structured safety case. Heavy-duty autonomous trucks must also stop at California Highway Patrol weigh stations and follow state and federal commercial vehicle rules.

States considering human-driver requirements

Kentucky's temporary rule is the clearest example of a human-driver requirement for heavy autonomous trucks that became law, and it has expired. The federal BUILD America 250 Act, as introduced, would require a human aboard only for trucks carrying placarded hazardous materials or primarily minors. Watch your state legislature's session each year, since bills on this topic may be filed.

Where driverless trucks operate as of September 2026

Deployment is reported by the companies themselves, not by a government registry, so treat these as company statements:

• Aurora said on July 22, 2026 that its commercial network "currently encompasses 10 driverless routes throughout the U.S. Sun Belt" and that its system had completed nearly 440,000 driverless miles by the end of June 2026. In February 2026 it described a 1,000-mile driverless lane between Phoenix and Fort Worth.
• Aurora and Volvo Autonomous Solutions announced a Dallas to Oklahoma City route on May 4, 2026, describing the program's trips as running "in supervised autonomy."
• Kodiak Robotics, Waabi Logistics and Stack AV have notified FMCSA that they use the warning-device waiver, according to FMCSA's September 21, 2026 court filing; a notification is not itself a report of driverless operation.

Company safety claims, such as statements about collision records, are the company's own assertions. NHTSA's crash reporting order for automated driving systems is the public source for crash reports; our guide to Waymo robotaxi accidents explains how that data works.

Who is liable when a driverless truck crashes?

A crash with a driverless truck is still a truck crash, and many of the same rules apply. The difference is who made the driving decisions. With no human driver, attention shifts to the motor carrier that ran the truck, the company that built the automated driving system and the manufacturer of the truck or its parts.

Several points follow from the laws above:

• The motor carrier stays in the picture. FMCSA has said motor carriers running automated trucks remain subject to its safety oversight whether or not a human drives.
• State "operator" rules are about traffic law. When Texas says the driving system is the operator for traffic-law purposes, that answers who gets the ticket. Civil liability for injuries still turns on negligence, product liability and insurance law.
• Some states set higher insurance floors. Louisiana and Alabama require at least two million dollars in coverage for driverless commercial trucks, and both statutes say registration does not change liability law.
• Stopped-truck crashes raise the warning-device question. If a driverless truck stops on a shoulder and is struck, whether its beacons were activated and whether the carrier met the waiver's terms may become evidence. Carriers under the waiver must report such crashes to FMCSA.

For the general rules on truck crash claims, see our truck accident laws hub. For how fault works when the vehicle drives itself, see who is liable in a self-driving car accident. Insurance questions are covered in our self-driving car insurance guide.

What to do after a crash with a driverless truck

The steps are close to those after any truck crash, with a few additions:

1. Call 911 and get medical care. Police reports matter even more when there is no driver to interview.
2. Photograph the truck, including any company name, USDOT number and the cab-mounted lights, and note whether warning beacons or triangles were in place.
3. Note the time and location precisely. Data the truck and its operator recorded may be key evidence, so ask a lawyer promptly about a request to preserve it.
4. Report the crash to your insurer and keep records of injuries and costs.
5. Check your filing deadline. Claims are limited by each state's statute of limitations, and a claim against a product maker can raise separate rules.

What to watch next

• October 9, 2026: the current FMCSA warning-device waiver ends unless renewed or replaced by an exemption.
• October 19, 2026: the agency record is due in the Seventh Circuit case, and a stay ruling could come at any time.
• FMCSA's exemption decision on Aurora's five-year request, which will be published in the Federal Register.
• A proposed FMCSA rule under RIN 2126-AC17, which missed its August 2026 agenda target.
• Congress, where the BUILD America 250 Act carries the main automated trucking provisions.
• State legislatures in 2027, where bills on human drivers in heavy autonomous trucks may be filed.

For how other countries handle autonomous vehicles, see our world self-driving car laws guide.

Frequently Asked Questions

Are driverless semi trucks legal?

In some states, yes, with conditions. States such as Texas, Arizona, Louisiana, Alabama and South Dakota have laws that expressly allow a driverless commercial vehicle to operate. At the federal level, no law expressly authorizes or bans them; driverless trucks operate under temporary FMCSA relief from the warning-device rule, which as of September 2026 runs through October 9, 2026.

Does a self-driving truck need a driver with a CDL?

It depends on the truck and the state. FMCSA says trucks at automation Levels 0 to 3 need a licensed human driver behind the wheel at all times. For fully driverless Level 4 trucks, Texas law says neither a licensed human driver nor a commercial driver's license is required while the system is engaged. Kentucky required a credentialed driver in fully autonomous vehicles over 62,000 pounds only until July 31, 2026.

What is the FMCSA waiver for autonomous trucks?

It is a limited, temporary waiver from three warning-device rules, 49 CFR 392.22(b), 393.25(e) and 393.95(f), that lets Aurora and carriers that notify FMCSA and certify compliance with its terms use flashing cab-mounted beacons instead of setting out reflective triangles when a driverless truck stops. Federal law limits waivers to three months. The waiver in force as of September 2026 runs from July 10, 2026 through October 9, 2026.

Did FMCSA approve driverless trucks?

No. FMCSA has not issued any rule approving driverless trucks. It denied an industry-wide warning-device exemption in December 2024, then began granting Aurora three-month waivers for cab-mounted beacons. Aurora's application for a five-year exemption was still pending as of September 2026, and a rule on automated trucks has not yet been proposed.

Where do Aurora's driverless trucks operate?

As of its July 22, 2026 announcement, Aurora said its network included 10 driverless routes across the US Sun Belt, and in February 2026 it described a driverless lane between Phoenix and Fort Worth. These are the company's own statements; no government registry lists driverless truck routes.

Is someone suing to stop driverless trucks?

A petition for review, Giannoulias v. FMCSA, No. 26-2838, was filed in the Seventh Circuit on September 8, 2026, challenging FMCSA's July 2026 warning-beacon waiver. The petitioner asked for an emergency stay, and FMCSA opposed it. As of the docket's last filing on September 24, 2026, the court had not ruled.

Who pays if a driverless truck hits me?

Responsibility usually depends on the facts and on state law. Possible defendants include the motor carrier that ran the truck, the company that developed the automated driving system and the truck or parts manufacturer. Louisiana and Alabama require at least two million dollars in liability coverage for driverless commercial trucks. A lawyer can help identify the right parties and preserve the truck's data.

Can California have driverless trucks?

Only after a phased permit process. California's April 28, 2026 rules allow permits for heavy-duty autonomous trucks, but a company must first test with a safety driver, then test without one, completing 500,000 miles of heavy-duty testing at each phase before applying for commercial deployment.