secretary
Transportation
Agency
Department of Motor Vehicles
Board
Department of Motor Vehicles
Petition 461
Petition Information
Petition Title Petition to Regulate and Restrict Unvalidated "Supervised Full Self-Driving" (FSD) Systems on Virginia Roadways
Date Filed 10/2/2026    [Transmittal Sheet]
Petitioner Christopher Wright 
Petitioner's Request
I am writing as a constituent and resident of Leesburg to demand immediate legislative and regulatory intervention regarding the unchecked operation of automated driving software—most notably Tesla’s "Full Self-Driving" (FSD)—on Virginia’s public roads.
 
Today, automakers are exploiting a dangerous regulatory loophole. Systems like Tesla’s FSD are capable of full lateral and longitudinal control across complex surface streets—navigating intersections, executing turns, and traversing pedestrian-dense corridors—yet manufacturers classify them as "SAE Level 2" driver-assistance features. By appending the word "Supervised" to "Full Self-Driving," manufacturers transfer legal liability and the burden of crash avoidance entirely onto human operators, while bypassing the pre-market testing, independent audits, and transparent reporting required of true autonomous vehicles.
 
This practice effectively turns public roads in Loudoun County and across the Commonwealth into uncontrolled testing grounds. Pedestrians, cyclists, motorcyclists, and other motorists have never consented to be test subjects for experimental neural networks. Innocent lives have already been lost in collisions linked to automated driver-assist systems across the United States. While European and Asian regulators have refused to approve unverified public beta rollouts without exhaustive pre-market type approval, Virginia motorists remain exposed to unpredictable software disengagements and split-second driver takeovers.
 
While the federal government sets baseline vehicle manufacturing standards under the National Highway Traffic Safety Administration (NHTSA), the Commonwealth of Virginia holds plenary authority under the Tenth Amendment to regulate driver conduct, licensing, and operational safety on state roadways.
 
I respectfully urge the General Assembly and the Department of Motor Vehicles to take the following actions:
  1. Reclassify Complex Surface-Street Automation Under State Law: Amend the Code of Virginia to stipulate that any motor vehicle feature capable of steering, accelerating, braking, and navigating surface intersections without planned human intervention must meet the testing, licensing, and insurance standards of Automated Driving Systems (ADS), regardless of how an automaker markets or self-certifies the system.
  2. Prohibit Deceptive and Misleading ADAS Terminology: Enact consumer protection statutes—similar to California SB 1398—that prohibit automakers and dealers from naming, advertising, or selling Level 2 partial driving automation using terms such as "Full Self-Driving," "Autopilot," or "Autonomous" when driver supervision is mandatory.
  3. Mandate Non-Defeatable Driver-Monitoring Standards: Establish strict operational requirements making it unlawful to engage hands-free or semi-autonomous steering unless the vehicle is equipped with active, camera-based, eye-tracking driver-monitoring systems that promptly disengage the software when attention lapses.
  4. Require Direct State Crash and Incident Reporting: Mandate that automakers deploying Level 2 and Level 3 automated driving features within Virginia furnish real-time, unfiltered incident data to the Virginia State Police and DMV whenever a collision occurs while automated software is active.
Automakers must be forced to prove their systems are safe on closed courses before deploying them onto Virginia streets. I ask that your offices prioritize constituent safety and introduce legislation in the upcoming General Assembly session to close this loophole.
 
Thank you for your time, leadership, and dedication to the safety of all Virginians.
 
Sincerely,
Christopher Wright
 
Agency's Plan

The petition for rulemaking will be published in the Virginia Register of Regulations on November 2, 2026, and on the Virginia Regulatory Town Hall. Public comment will open on November 2, 2026, and will close on November 23, 2026. DMV will consider the petition and all comments in support or opposition after the close of the public comment period. The agency will issue a written decision within 90 days following the close of the comment period. 

 
Comment Period Will begin 11/2/2026 and end on 11/23/2026
Virginia Register Announcement Submitted on 10/2/2026
 
The Virginia Register of Regulations
 
Will be published on: 11/2/2026     Volume: 43  Issue: 6
Agency Decision Pending    

Contact Information
Name / Title: Nicholas Megibow  / Director of Legislative Services
Address: 2300 W. Broad St.
Richmond, 23220
Email Address: nicholas.megibow@dmv.virginia.gov
Telephone: (804)367-6701    FAX: (804)367-4336    TDD: ()-