The IIJA Safety Title:
What It Did and What to Watch in the 2026 Surface Transportation Reauthorization

A Shift Toward Mandatory Crash Avoidance Technology

Perhaps the most significant change in the IIJA Safety Title was Congress’s decision to move beyond voluntary commitments and direct the U.S. Department of Transportation (USDOT) to require advanced crash avoidance systems in new vehicles.

Specifically, the law instructed the Secretary of Transportation to establish performance standards requiring technologies such as:

• Forward Collision Warning (FCW)
• Automatic Emergency Braking (AEB)
• Lane Departure Warning (LDW)
• Lane Keeping Assist (LKA)

In 2024, the National Highway Traffic Safety Administration (NHTSA) finalized a new Federal Motor Vehicle Safety Standard requiring automatic emergency braking, including pedestrian AEB, on all new passenger cars and light trucks by model year 2029. According to NHTSA’s official press release announcing the rule, the standard establishes performance-based testing criteria that vehicles must meet to detect and respond to imminent forward collisions.

Rather than prescribing specific hardware, the regulation focuses on measurable safety outcomes. This signals that future safety mandates are likely to continue emphasizing technology-neutral performance standards.

This move marked a structural shift in federal safety policy. For years, advanced driver assistance systems (ADAS) were largely optional or incentivized through consumer ratings. The IIJA embedded them directly into statute.

Heavy-Duty Commercial Vehicle Safety

The IIJA did not stop at passenger vehicles. It also directed USDOT to initiate rulemaking to require automatic emergency braking systems on heavy commercial motor vehicles over 10,000 pounds gross vehicle weight.

USDOT subsequently issued a Notice of Proposed Rulemaking (NPRM) to require AEB and electronic stability control systems for heavy trucks. Regulatory materials and updates tied to the Bipartisan Infrastructure Law are available through the Department of Transportation’s rulemaking portal.

The commercial vehicle mandate reflects Congress’s growing focus on systemic crash prevention. Heavy trucks are disproportionately involved in severe and fatal crashes, and lawmakers increasingly view technology deployment as a key mitigation tool.

As the 2026 reauthorization debate unfolds, Congress may revisit timelines, compliance mechanisms, or incentives for fleet modernization.

Advanced Impaired Driving Prevention Technology

One of the most ambitious and complex directives in the IIJA Safety Title relates to impaired driving prevention.

The law requires NHTSA to issue a rule mandating advanced impaired driving prevention technology in new passenger vehicles after completing research and feasibility analysis. In 2023, NHTSA submitted its required Report to Congress examining possible technological pathways for detecting and preventing impaired driving.

• What constitutes impairment under federal standards?
• Should detection be passive through driver behavior monitoring or active through measuring blood alcohol levels?
• How should privacy and data governance be addressed?
• What false-positive thresholds are acceptable?

Given the developmental complexity and civil liberties considerations, this issue is likely to attract congressional oversight and stakeholder engagement during the next reauthorization cycle.

Driver Monitoring and Automation Oversight

The IIJA also directed USDOT to conduct research into driver monitoring systems (DMS) capable of detecting distraction, fatigue, or misuse of partially automated driving systems.

As vehicles incorporate more Level 2 and Level 3 automation features, policymakers are increasingly concerned about driver complacency and improper system use. NHTSA’s research and regulatory framework for automated vehicles is ongoing.

While a formal DMS mandate has not yet been issued, the research groundwork laid under the IIJA could support future rulemaking authority in this space. The 2026 reauthorization may clarify or expand NHTSA’s authority related to occupant monitoring and automation oversight.

Modernizing the New Car Assessment Program (NCAP)

Beyond mandatory safety standards, the IIJA required NHTSA to modernize the New Car Assessment Program (NCAP), the federal 5-star rating system that provides consumers with comparative vehicle safety information.

Under the law, NCAP must incorporate advanced driver assistance technologies and establish a forward-looking roadmap for updates. NHTSA’s consumer-facing NCAP portal and program updates can be found at: https://www.nhtsa.gov/ratings.

NCAP enhancements are significant because they influence consumer purchasing decisions and manufacturer deployment strategies, even when technologies are not yet required under federal standards.

Data Modernization and the Safe System Approach

The Safety Title also prioritized improvements in crash data systems, reporting quality, and transparency. Enhanced crash databases, improved toxicology reporting, and modernization of federal safety analytics reflect a broader move toward evidence-based policymaking.

These initiatives align with USDOT’s broader National Roadway Safety Strategy and Safe System Approach, which aim to eliminate roadway fatalities.

As crash trends evolve, robust data infrastructure will be critical to evaluating the effectiveness of federally mandated safety technologies.

What to Expect in the 2026 Surface Transportation Reauthorization

• Refinement of Technology Mandates: Congress may revisit implementation timelines, performance thresholds, and compliance flexibility for passenger and commercial vehicle AEB requirements, as well as impaired driving prevention systems.
• Increased Focus on Vulnerable Road Users: With rising pedestrian and cyclist fatalities, lawmakers may strengthen requirements related to pedestrian detection systems and vehicle-to-infrastructure safety integration.
• Automation, AI, and Data Governance: As artificial intelligence and automated driving technologies advance, Congress could address regulatory clarity, liability frameworks, and data privacy considerations.
• Implementation and Incentive Funding: Policymakers may consider grant programs or financial incentives to accelerate deployment of advanced safety systems, particularly in commercial fleets.
• International Regulatory Alignment: Given the global nature of automotive manufacturing, alignment with international safety standards may become a more prominent policy objective.

A Structural Evolution in Federal Safety Policy

The Safety Title of the Infrastructure Investment and Jobs Act marked a decisive evolution in U.S. transportation safety policy. Rather than relying primarily on voluntary industry commitments or consumer awareness programs, Congress embedded advanced crash avoidance and prevention technologies directly into federal statute.

As lawmakers begin drafting the 2026 surface transportation reauthorization, the core debate will likely center not on whether advanced safety systems belong in vehicles but on how they should be implemented, evaluated, and expanded.

For policymakers, transportation professionals, and industry observers, the next reauthorization cycle represents a pivotal moment in the ongoing transformation of vehicle safety regulation in the United States.