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Autonomous vehicles are largely considered to be the future of transportation, and while the technology is still in development, many regulatory bodies around the world are rolling out new rules for automated vehicles.
Last year, 33 US states introduced legislation related to autonomous vehicles. Since 2012, over 40 states and Washington DC have considered legislation on driverless vehicles, and 22 states have passed laws. Governors in ten states have issued executives orders on the matter.
US Federal vs. State and Local
The US federal government has been much slower to pass federal laws on autonomous vehicles and the push to do so has highlighted the divides among the various levels of governments. Previously, states have regulated drivers, while the federal government has regulated the vehicles. With autonomous vehicles, the vehicle and the driver one and the same.
Advocates for the technology say national standards would accelerate the roll-out of autonomous vehicle technology, mitigate highway deaths, and keep the United States on the cutting edge of automotive technology.
The Self Drive Act, passed by the US House of Representatives this past fall, restricts states and municipalities from placing “unreasonable restrictions” on the rollout of self-driving cars. The vagueness of this language, critics say, sets the stage for autonomous car makers to sue local and state government over laws they don’t like, which could hamper development of the technology. Also, a letter to Congress by the National Governors Association and the National Conference of State Legislators said the legislation encroached on states’ rights.
This debate is currently on hold because the Senate’s companion bill to the Self Drive Act, called the AV Start Act, has been held up by three Senators over safety concerns.
While federal laws haven’t been forthcoming, the National Highway and Transportation Safety Administration (NHTSA) released new federal guidelines for Automated Driving Systems (ADS) in September.
Broken into two sections, voluntary guidance and technical assistance, NHTSA guidelines address elements of design that pertain to safety, the most recent technology developments and the roles of federal and state governments. The guidelines do not include a compliance requirement or enforcement mechanisms. The guidance is meant to offer best practices for legislatures, incorporating standard safety-related elements regarding autonomous driving systems that states ought to think about integrating into legislation.
Germany Leads the Way
Outside the US, Germany has taken up a lead role in addressing autonomous driving technology from a legislative point of view. A law recently passed by the country allows any kind of automated driving technology to be on the road, provided that a licensed driver is behind the wheel to take control if necessary.
The legislation does not allow vehicles in the road without a backup human driver, and it does not legalize vehicles without steering wheels and pedals. The new German law comes with a provision that allows driverless cars in specific cordoned-off areas like parking structures.
The auto industry is now looking to the European Union to pass comparable legislation, so autonomous systems don’t have to be switched on or off anytime they cross the German border. Interestingly, the EU typically stipulates a legal directive and member governments are expected to implement within their own borders. In this instance, the situation is reversed.
While the EU has yet to follow Germany’s lead, China is set to embrace a number of Germany's laws on autonomous vehicles. As the biggest automotive market, China is dragging the industry towards electric and autonomous vehicles. National laws could facilitate the development of these technologies and bringing them to market.
If China were to adopt autonomous vehicle laws similar to Germany’s, it would mean German automakers have to make fewer changes on cars exported to China. The Asian country has already adopted a number of German laws that pertain to criminal and civil legal situations.
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