Rep. Thomas Massie: ‘Orwellian Automobile Kill Switch Mandate Must Be Repealed’

Congressman Thomas Massie (R-KY) has renewed his call to repeal a little-known section of the 2021 Infrastructure and Investment Jobs Act (IIJA) containing a federal mandate that all vehicles sold after 2026 must have a kill switch.

In a hearing before the U.S. House Committee on Transportation and Infrastructure on Wednesday, Massie questioned Michael Hanson who was representing the Governors Highway Safety Association (GHSA) over the requirement for a kill switch that can disable vehicles based on a driver’s performance.

Hanson affirmed that section 24220 the IIJA directs the National Highway Traffic Safety Administration to require advanced impaired driving detection technology in all new vehicles, stating, “This technology, once implemented, would prevent an impaired driver from operating a vehicle and harming themselves or others.”

Rep. Massie asked Hanson if he was aware that the technology he was advocating for does not yet exist and called the mandate “Orwellian” saying it “threatens civil liberties.”

Massie reminded Hanson that before seatbelts and airbags were mandated, they both existed in commercial vehicles for over a decade and asked him whether this kill switch technology existed in any commercial vehicle at present.

Hanson responded that he was not aware of any currently existing example of the kill switch technology and compared it to ignition interlock devices which prevent vehicle operation if a driver’s blood alcohol level is above a certain limit.

Massie explained that the difference between the ignition interlock and the newly mandated technology is that the one Hanson is advocating for is science fiction presently, adding, “It doesn’t exist in any vehicle, it’s never been implemented and there’s a mandate by the government to have it in every new vehicle within two years.”

Massie then warned that, even if the mandate were implemented there is the possibility of false positives in which the car itself might decide that the operator is not driving safely.

“Let’s say a mother is driving her vehicle, taking her kids to work. How does she appeal her conviction of a disabled minivan from the side of the road?” Massie asked, “How would you re-enable a car that’s been disabled with this technology you’re advocating for?”

Hanson answered that the technology would detect when a driver has a predetermined alcohol concentration or is above that predetermined alcohol concentration and is focused on preventing an impaired driving incident from happening before it does.

Massie reminded Hanson that the mandated technology simply does not yet exist and that other considerations include artificially raising the price of the vehicle and the prospect of false positives that could put the public in danger.

Massie has previously condemned the kill switch mandate as a violation of the fundamental right to travel.