California Attorney General Rob Bonta, along with attorneys general from several other states, has urged the Pipeline and Hazardous Materials Safety Administration (PHMSA) to proceed cautiously in developing regulations for transporting hazardous materials using autonomous systems such as drones, delivery robots, and driverless vehicles. The coalition’s letter asks PHMSA to thoroughly assess risks before permitting automated transportation of hazardous materials by rail, air, water, or road.
PHMSA is currently seeking stakeholder input to inform future work on potential regulatory changes regarding the transport of hazardous materials using highly automated technologies. The agency aims to identify necessary revisions to existing regulations and clarify legal guidance in this emerging area.
“California has the most experience dealing with the development and regulation of autonomous vehicles, and that experience tells us one thing clearly: Almost ready is not safe enough. If an autonomous transportation system is still being developed, it has no business hauling hazardous materials through our communities, putting many at risk,” said Attorney General Bonta. “There should be no unanswered questions when catastrophic risks are on the line — reliability must be proven through regulations and testing. Until then, deploying autonomous transport of hazmat creates unnecessary safety and security risks. That’s why, I, alongside other attorneys general, urge the Trump Administration to ensure adequate confirmation of safety before authorizing automated transportation of hazardous materials and its implementation.”
The coalition emphasized that current technological capabilities are mostly limited to passenger vehicle operations and small package deliveries. They argued it is premature to create rules specific to hazardous material transport until everyday use of these systems achieves a basic level of safety and reliability. Hazmat transport presents unique challenges compared to moving passengers or standard packages.
California leads in testing and deploying autonomous vehicles on public roads while prioritizing public safety through strict regulation. Since 2018, California has generally prohibited testing or deploying autonomous vehicles for transporting hazardous materials on public roads except for rare exceptions. As California updates its regulations for further testing—including heavy-duty commercial vehicles—it continues prohibiting hazmat transport by autonomous vehicles.
Attorney General Bonta’s coalition recommends that if PHMSA moves forward with rulemaking in this area, it should:
– Work closely with state agencies including first responders and environmental regulators.
– Create a risk-based list specifying which hazardous materials may be transported autonomously.
– Respect state authority over route designations for hazmat transport.
– Develop a national hazard communication protocol prior to approving any such operations.
– Establish security plans tailored for each mode of transportation.
– Issue enforceable regulations rather than relying on guidance documents or performance-based oversight.
– Implement additional protective measures for railroad and air modes.
The letter was signed by attorneys general from Illinois, New York, New Jersey, Washington, Minnesota, District of Columbia, Oregon, Massachusetts, Vermont as well as California.
The California Attorney General’s office serves as the state’s chief law enforcement authority—enforcing laws statewide while focusing on public rights and advancing civil rights initiatives—under the leadership of Rob Bonta (official website). The office also promotes transparency through data tools like OpenJustice (official website).
