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Portland staff propose AV testing metrics, fleet caps and data limits as council weighs preemption risk
Summary
PBOT proposed a package of automated-vehicle policy concepts — including the authority to set fleet caps, a 50,000-mile testing threshold, permit‑suspension metrics treating a company’s fleet as one ‘driver,’ limits on stopping in bike lanes and controls on selling AV-collected data — while councilors debated a local ban versus regulation and heard warnings about possible state preemption.
Portland Bureau of Transportation staff presented seven policy concepts for regulating automated for‑hire vehicles and sought committee guidance as the city prepares for potential state legislation in 2027. Jacob Sherman (emerging technology lead) said PBOT’s draft administrative rules require companies to submit statements of testing and deployment experience (including reported crashes and incidents), passenger-safety plans, first-responder protocols, and coordination for events and street closures.
Hannah Morrison outlined seven specific policy concepts: clearly define AVs in Title 16.40; establish authority in city code to set fleet caps (without fixing an initial number in code); require a local testing permit and define metrics (she proposed 50,000 testing miles across a fleet before eligibility for a for‑hire permit); adopt permit-suspension metrics that treat a company’s software as a single driver (two traffic violations in a year could trigger suspension); explore limiting AV stopping in bike lanes by defining loading/unloading; limit sale or sharing of AV-collected data consistent with city privacy policy; and consider workforce-transition fees and other impact fees to fund job training and job placement.
"All companies would be required to log 50,000 miles across their entire fleet with a testing permit before becoming eligible to apply for that for hire permit," Morrison said. PBOT also reported receiving over 220 public comments during an extended comment period, with safety the dominant theme: staff said more than 50% of comments mentioned safety and about 80% of those expressed concern.
Council reaction and legislative risk: Councilors debated whether to seek a categorical ban, a tight code-based cap, or a phased, highly regulated pilot. Members raised workforce-displacement concerns and asked whether fees proposed (for workforce transition and other impacts) are large enough to fund meaningful transitions. Derek Bradley (Office of Government Relations) warned the committee that a strongly restrictive local approach could spur a statewide preemption push but said outcomes in Salem remain uncertain for 2027.
Next steps: PBOT will continue developing administrative rules and work with the chair’s office to draft a possible committee ordinance for fall consideration; staff said the top priority remains preserving local authority and being prepared for legislative developments.
