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From page 31...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 31 Checklist of State Code Provisions Potentially Needing Modification or Clarification Recommendation 4 Develop driving tests (or amend existing tests)
From page 32...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 32 Checklist of State Code Provisions Potentially Needing Modification or Clarification Recommendation c.
From page 33...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 33 Figure 9.
From page 34...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 34 enables the vehicle on which the system is installed to be driven without the active control or monitoring of a human operator Michigan MI Comp L § 257.2b, 2016 Automated technology Technology installed on a motor vehicle that has the capability to assist, make decisions for, or replace an operator.
From page 35...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 35 California CA Veh.
From page 36...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 36 Prioritization and Harmonization Recommendations  Prioritization Recommendation: In developing laws, regulations, and policies, ensure that the included definitions, especially those for level 3–5 C/ADS-equipped vehicles, are consistent with the SAE framework (as reflected in NHTSA, 2017)
From page 37...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 37 does not cover platoons, the law itself is somewhat ambiguous on this point.
From page 38...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 38 Figure 10.
From page 39...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 39 Consideration of Aggregate Length, Weight, and Noise Limits as well as Lane Restrictions for Platoons Now is the time to conduct the necessary analyses to determine if there are any negative length, weight, and/or noise effects due to heavy CMVs operating as a platoon.
From page 40...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 40 state.
From page 41...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 41 ADS-equipped vehicles.
From page 42...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 42 Table 7.
From page 43...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 43 that regulate user behavior and demand a heightened level of attentiveness.
From page 44...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 44 Stakeholder feedback, especially from law enforcement, indicated that it should be presumed that all vehicles, whether C/ADSs or traditional, need to follow existing rules of the road (Serian et al., 2017)
From page 45...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 45 Prioritization and Harmonization Recommendations  Prioritization Recommendation: Some states' codes provide local governments with authority to regulate traffic and impose local restrictions in additional to state restrictions.
From page 46...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 46 Harmonization Reasoning ADS-Equipped Passenger Vehicles and A-MaaS Urgency for harmonization is also noted regarding aftermarket C/ADSs, in which passenger vehicle owners convert a level 0 or level 1–2 driving automation system-equipped vehicle into a level 3–5 C/ADS-equipped vehicle through the addition of sensors and other automated driving technology (Serian et al., 2017)
From page 47...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 47 Harmonization Reasoning C/ADS and A-MAAS States and A-MaaS providers will both benefit from the harmonization of the meaning and application of laws that prohibit unattended vehicles.
From page 48...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 48 Table 8.
From page 49...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 49 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 50...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 50 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 51...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 51 restrictions, or other physical restrictions.
From page 52...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 52 endorsement for licensing of level 4–5 C/ADS-equipped vehicle users would be needed.
From page 53...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 53 Figure 13.
From page 54...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 54 Figure 14.
From page 55...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 55 Prioritization and Harmonization Recommendations  Prioritization Recommendation: Consider when a "reasonable articulable suspicion" of alcohol or drug use is appropriate in settings where the C/ADS is engaged in a level 3–5 ADS-equipped vehicle.
From page 56...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 56 Mid-Term Recommendation 4: Motor Vehicle Liability Prioritization Reasoning Some crashes, incidents, and harms will be the result not of human driver error, but rather flaws in the engaged ADS when it is in control of the vehicle.
From page 57...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 57 In California, the "driver of a motor vehicle when reasonably necessary to insure safe operation shall give audible warning with his horn." This "reasonable and prudent" directive is unavoidably benchmarked against human judgment.
From page 58...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 58 Mid-Term Recommendation 7: Unfair Criminal and Civil Sanctions on Users Prioritization Reasoning Drivers can be charged with criminal acts for violating certain traffic laws, but in the case of level 4–5 C/ADS-equipped vehicles, some of these criminal charges are less straightforward.
From page 59...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 59 (human present in the car)
From page 60...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 60 Prioritization and Harmonization Recommendations  Prioritization Recommendation: Begin to identify obscure requirements that reference specific items (use "steering assemblies" rather than "wheels" and "braking systems" rather than "pedals")
From page 61...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 61 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 62...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 62 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 63...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 63 • Software components will need to be included if they affect the vehicle's functionality (Figure 15)
From page 64...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 64 Prioritization and Harmonization Recommendations  Prioritization Recommendation: Modify lemon laws to account for new C/ADS technologies to ensure adequate consumer protection from product defects.
From page 65...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 65 Table 10.
From page 66...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 66 Oliver Wendell Holmes famously observed that "the life of the law has not been logic: it has been experience" (Holmes, 2009, p.1)
From page 67...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 67 or an "operator" of a motor vehicle and what exactly does it mean to "drive" or "operate" the vehicle on public roads?
From page 68...
... NCHRP Web-Only Document 253, Vol. 3: Legal Modification Prioritization and Harmonization Analysis 68 Barriers to Legislative and Regulatory Modifications There may be some barriers to modifying legislation and regulations.

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