Abstract
The desire to test autonomous vehicles on public roads confronted the industry with legislation that would not allow the industry to do so. Vehicles without human drivers are often not allowed on public roads. Why did the legislator not simply take out the necessity of having a human driver from the road safety laws or the traffic laws? The cause lies in the technology of the autonomous vehicles. Neither the industry nor academia are able to fully portray the risks, or their absence, of the technology used in autonomous vehicles. To understand the technology in more depth, testing in complex, real life situations, is necessary. Public roads can offer that environment. Without knowing the risks and still faced with demands for testing, legislators did initially not favor hard law instruments to regulate testing on public roads. Soft law instruments existed in various formats. Yet, the more experience the legislators gained with the regulation of testing autonomous vehicles on public roads, more and more hard law instruments started to appear. These hard laws are either allowing the creation of a space to experiment or offering just a framework. Framework providing laws are often supplemented by lower level legislation or guidelines. No matter which approach is taken, the general tendency is that each of these instruments tends to be technology neutral and favor a permit system. In most systems the industry is involved in setting up the parameters of the testing. Insurance is necessary as well as collaboration with public authorities.
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Notes
- 1.
London and Danks (2018).
- 2.
See, e.g., McCormick (2019), p. 6 (indicating that “real-world testing of automated technologies is possible in the UK today, providing a test driver is present and takes responsibility for the safe operation of the vehicle.”).
- 3.
Fenwick et al. (2017), p. 669.
- 4.
See Chapter on Different Liability Regimes for Autonomous Vehicles: One Preferable above the Other? [this volume].
- 5.
Adkisson (2018), pp. 22–52.
- 6.
Callon et al. (2009).
- 7.
Soft law is often put forward as the regulatory approach, see Hageman et al. (2018).
- 8.
Fenwick and Wrbka (2018), p. 193.
- 9.
Fenwick and Wrbka (2018), p. 193.
- 10.
Fenwick et al. (2017), p. 573.
- 11.
Van Uytsel and Vargas (2020).
- 12.
Van Uytsel and Vargas (2020), pp. 202–203.
- 13.
Gurney (2013), p. 248.
- 14.
Hageman et al. (2018).
- 15.
Hageman et al. (2018).
- 16.
Hageman et al. (2018).
- 17.
Hageman et al. (2018).
- 18.
Possible strategies for a government, see Tan and Taeihagh (2019), p. 5.
- 19.
- 20.
Baker & McKenzie (2018), pp. 229–230.
- 21.
US Department of Transport and National Highway Traffic Safety Administration (2017).
- 22.
Available at: https://www.congress.gov/bill/115th-congress/house-bill/3388/text. Accessed 30 June 2020; see also Baker & McKenzie (2018), pp. 230.
- 23.
Available at: https://www.theverge.com/2019/7/28/8931726/congress-self-driving-car-bill-redo-2019. Accessed 30 June 2020.
- 24.
US Department of Transport and National Highway Traffic Safety Administration (2016).
- 25.
Huddleston Skees and Mitchell (2018).
- 26.
Huddleston Skees and Mitchell (2018).
- 27.
US Department of Transport and National Highway Traffic Safety Administration (2017), pp. 1–15.
- 28.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 1.
- 29.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 5.
- 30.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 6.
- 31.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 7.
- 32.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 8.
- 33.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 10.
- 34.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 9.
- 35.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 11.
- 36.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 12.
- 37.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 13.
- 38.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 14.
- 39.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 15.
- 40.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 15.
- 41.
US Department of Transport and National Highway Traffic Safety Administration (2017), pp. 22–24.
- 42.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 22.
- 43.
US Department of Transport and National Highway Traffic Safety Administration (2017), pp. 22–23. This suggestion links with a later formulated suggestion in which emphasis is put on training of the ADS test drivers and control by the States, reporting of crashes with test vehicles, following the traffic rules by the test vehicles, and the need of the test driver to be a licensed driver who is able to monitor and control. In case no test driver is needed, meaning the vehicle is of an SAE Level 4 or 5, the ADS system should be sufficient to operate the vehicle.
- 44.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 24. States carry a responsibility in relation to liability as well, as they need to legislate for the liability in case of incidents and who should carry an insurance.
- 45.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 24. Public safety officials may need to be taught to understand the technology of the automated vehicles.
- 46.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 24.
- 47.
US Department of Transport and National Highway Traffic Safety Administration (2017), p. 24.
- 48.
US Department of Transport (2018).
- 49.
US Department of Transport (2018), p. 19.
- 50.
US Department of Transport (2018), p. 22.
- 51.
US Department of Transport (2018), pp. 26–27.
- 52.
National Science and Technology Council and the US Department of Justice (2020).
- 53.
National Science and Technology Council and the US Department of Justice (2020).
- 54.
National Transport Commission (2017).
- 55.
National Transport Commission (2017), About Austroads and the NTC.
- 56.
Bolsin (2018), p. 177.
- 57.
National Transport Commission (2017), pp. 1–2.
- 58.
National Transport Commission (2017), pp. 3–4.
- 59.
National Transport Commission (2017), p. 4.
- 60.
National Transport Commission (2017), pp. 5–12.
- 61.
National Transport Commission (2017), p. 5.
- 62.
National Transport Commission (2017), p. 6.
- 63.
National Transport Commission (2017), p. 7.
- 64.
Bolsin (2018), p. 185.
- 65.
Bolsin (2018), p. 185.
- 66.
Bolsin (2018), p. 185.
- 67.
National Transport Commission (2017), p. 10.
- 68.
National Transport Commission (2017), p. 10.
- 69.
National Transport Commission (2017), p. 11.
- 70.
The National Guidelines determines that the information could be “time, date, location, automation status (for example, automated system, human driver, transitioning), traffic conditions (for example, empty road, in heavy traffic), road and weather conditions, vehicle information (speed, brake/throttle applications), sensor information in relation to other road users and the surrounding environment, identity of the vehicle operator at the time of the incident.” National Transport Commission (2017), p. 11.
- 71.
Bolsin (2018), p. 186.
- 72.
National Transport Commission (2017), p. 11.
- 73.
National Transport Commission (2017), p. 12.
- 74.
National Transport Commission (2017), p. 12.
- 75.
National Transport Commission (2017), p. 13.
- 76.
Bolsin (2018), p. 183.
- 77.
Bolsin (2018), pp. 183–184.
- 78.
National Roads and Motorists’ Association (2017), p. 5.
- 79.
Baker & McKenzie (2018), p. 27.
- 80.
Baker & McKenzie (2018), p. 27.
- 81.
Roubik (2018), p. 7.
- 82.
Baker & McKenzie (2018), p. 23.
- 83.
Roubik (2018), p. 8.
- 84.
Roubik (2018), p. 8.
- 85.
Roubik (2018), p. 8.
- 86.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 5.
- 87.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 3.
- 88.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 7.
- 89.
The test manager is “the person who is responsible for the test and who is not in the vehicle during the test. The person can override the automated system in the vehicle at any time.” Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 7.
- 90.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), pp. 8 and 11–13.
- 91.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 15.
- 92.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 16.
- 93.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 11.
- 94.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 16.
- 95.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 8.
- 96.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 9. A test operator is “any person, company or institution on whose behalf the test is carried out on public roads using automated vehicles, or who carries out the test itself.” Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 7.
- 97.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), pp. 15–16.
- 98.
Austrian Federal Ministry of Transport, Innovation and Technology (2018), p. 17.
- 99.
Zetsche et al. (2017), p. 30.
- 100.
Wang and Shiu (2019).
- 101.
Ministry of Economic Affairs (2018).
- 102.
Ministry of Economic Affairs (2018), Article 22.
- 103.
Ministry of Economic Affairs (2018), Article 22(7).
- 104.
Zetsche et al. (2017), p. 30.
- 105.
Ministry of Economic Affairs (2018), Article 1.
- 106.
Zetsche et al. (2017) pp. 30–35.
- 107.
Ministry of Economic Affairs (2018), Articles 5– 7. A group of experts will review the application. Within a period of 60 days, this group needs to determine whether the project is innovative, requires exemptions, is feasible, brings efficiency to the transportation sector, and that risks and traffic flows are under control.
- 108.
Zetsche et al. (2017) pp. 32–35.
- 109.
Wang and Shiu (2019).
- 110.
- 111.
Ministry of Economic Affairs (2018), Article 9.
- 112.
Zetsche et al. (2017) pp. 37–38.
- 113.
Transparency is often an issue with sandboxing, see Zetsche et al. (2017), p. 40.
- 114.
South Australia (2016).
- 115.
See, e.g., National Roads and Motorists’ Association (2017), p. 5. Also available at: https://m.drive.com.au/amp/car-review/autonomous-cars-now-legal-in-south-australia-under-controlled-testing-84872. Accessed 30 June 2020.
- 116.
South Australia (2016), Article 134D.
- 117.
South Australia (2016), Article 134D (2)(a) and (b).
- 118.
South Australia (2016), Article 134D (3)(a).
- 119.
South Australia (2016), Article 134D (3) (c).
- 120.
South Australia (2016), Article 134E (4) (a).
- 121.
South Australia (2016), Article 134D (6).
- 122.
South Australia (2016), Article 134E (5).
- 123.
South Australia (2016), Article 134F (2).
- 124.
South Australia (2016), Article 134F (3).
- 125.
South Australia (2016), Articles 134G, I, K, and M.
- 126.
National Roads and Motorists’ Association (2017), p. 5.
- 127.
Department of Planning, Transport and Infrastructure (2019).
- 128.
Department of Planning, Transport and Infrastructure (2019), p. 6.
- 129.
Department of Planning, Transport and Infrastructure (2019), p. 7–13.
- 130.
Department of Planning, Transport and Infrastructure (2019), pp. 13–14.
- 131.
Department of Planning, Transport and Infrastructure (2019), p. 15. Further description available at: https://dpti.sa.gov.au/driverlessvehicles. Accessed 30 June 2020.
- 132.
Department of Planning, Transport and Infrastructure (2019), pp. 19–20.
- 133.
Department of Planning, Transport and Infrastructure (2019), Appendix A.
- 134.
Department of Planning, Transport and Infrastructure (2019), Appendix B.
- 135.
Department of Planning, Transport and Infrastructure (2019), Appendix C.
- 136.
Parliament of Victoria (2018).
- 137.
Governor in Council (2018).
- 138.
Department of Transport (2018).
- 139.
Dosen et al. (2017), p. 15. The Code of Practice was based on the UK Code of Practice.
- 140.
Dosen et al. (2017), p. 15.
- 141.
- 142.
Parliament of Victoria (2018), Part 2, Section 5.
- 143.
Parliament of Victoria (2018), Part 3A, Section 33C (1).
- 144.
Governor in Council (2018), Section 8. Companies should not be insolvent or under external administration.
- 145.
- 146.
Governor in Council (2018). Compare with Parliament of Victoria (2018), Part 3A, Section 33C. This instrument mentions the Corporation. The Road Safety Act 1986, in Section 3, defines Corporation as the Roads Corporation. Available at: https://classic.austlii.edu.au/cgi-bin/download.cgi/au/legis/vic/consol_act/rsa1986125. Accessed 30 June 2020. Roads Corporation is the official name for VicRoads. Available at: https://www.vicroads.vic.gov.au/about-vicroads/our-history. Accessed 30 June 2020.
- 147.
Available at: https://www.vicroads.vic.gov.au/about-vicroads/our-history. Accessed 30 June 2020.
- 148.
Compare above Section 3.
- 149.
Minister for Roads and Road Safety (2018), p. 9.
- 150.
Department of Transport (2018), part 4, item 14.
- 151.
Department of Transport (2018), part 4, item 15.
- 152.
Department of Transport (2018), part 4, item 15.
- 153.
Department of Transport (2018), part 4, item 15.
- 154.
Department of Transport (2018), part 4, item 15.
- 155.
Department of Transport (2018), part 4, item 15.
- 156.
Department of Transport (2018), part 4, item 15.
- 157.
Department of Transport (2018), part 4, item 15.
- 158.
Department of Transport (2018), part 4, item 15.
- 159.
Department of Transport (2018), part 4, item 15.
- 160.
Department of Transport (2018), part 4, item 15.
- 161.
VicRoads (2018), p. 2.
- 162.
Parliament of Victoria (2018), Part 3A, Section 33D.
- 163.
Parliament of Victoria (2018), Part 3A, Section 33G.
- 164.
Parliament of Victoria (2018), Part 3A, Section 33G (2) (a) (b), and (c).
- 165.
Parliament of Victoria (2018), Part 3A, Section 33G (2) (d), (e), and (i).
- 166.
Parliament of Victoria (2018), Part 3A, Section 33G (2) (g) and (h).
- 167.
Parliament of Victoria (2018), Part 3A, Section 33G (2) (f).
- 168.
Governor in Council (2018), Sections. 14–20.
- 169.
Governor in Council (2018), Section 15.
- 170.
- 171.
Governor in Council (2018), Section 17.
- 172.
- 173.
Parliament of Victoria (2018), Part 3A, Section 33G (2) (j).
- 174.
VicRoads (2018), p. 2.
- 175.
Governor in Council (2018), Section 20.
- 176.
- 177.
Parliament of Victoria (2018), Part 3A, Section 33E.
- 178.
Parliament of Victoria (2018), Part 3A, Section 33H (1) (c), (d), and (e).
- 179.
Parliament of Victoria (2018), Part 3A, Section 33H (1) (a).
- 180.
Governor in Council (2018), Section 23.
- 181.
- 182.
- 183.
For the infringements, see Parliament of Victoria (2018), Part 3A, Section 33I (1) and (3) and 33 J (1).
- 184.
Parliament of Victoria (2018), Part 2, Section 5.
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Van Uytsel, S. (2021). Testing Autonomous Vehicles on Public Roads: Facilitated by a Series of Alternative, Often Soft, Legal Instruments. In: Van Uytsel, S., Vasconcellos Vargas, D. (eds) Autonomous Vehicles. Perspectives in Law, Business and Innovation. Springer, Singapore. https://doi.org/10.1007/978-981-15-9255-3_3
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