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From page 24...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 24 Section 2: State Law Review Currently, states are charged with reducing traffic crashes and resulting injuries, property damage, and deaths under 23 USC Section 401 (Highway Safety Act)
From page 25...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 25 Arizona In 2015, Arizona announced it would begin research and development of AV operations.
From page 26...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 26 California Legislation California was an early leader in the C/AV/HAV legislation arena.
From page 27...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 27 up to 6 months before being deployed and used by people (Fortune, 2016)
From page 28...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 28 Highways (PATH)
From page 29...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 29 (g)
From page 30...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 30 (Tesla may face a lawsuit from the Texas victim's insurance company over an accident that occurred in the Model S this year [Kane, 2016]
From page 31...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 31 of a driver inside the vehicle; however, HAV technology has improved since then, necessitating adjustments to existing policy.
From page 32...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 32 Under the new California proposed regulations, if a vehicle diverges from a "conventional vehicle design"39 (e.g., exclusion of manual controls, etc.)
From page 33...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 33 Watchdog, "It is imperative that the Department maintain those high standards, continuing to put public safety first, as it proposes new regulations." (FixedOpsBusiness, 2017)
From page 34...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 34 manufacturer intends to operate,"50 and the phrase "each ODD" has been added.
From page 35...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 35 The new regulations have added reporting requirements for truly "unmanned" vehicles, defining a disengagement as a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle requires that the autonomous vehicle test driver disengage the autonomous mode and take immediate manual control of the vehicle, or in the case of driverless vehicles, when the safety of the vehicle, the occupants of the vehicle, or the public requires that the autonomous technology be deactivated.59 Under the new proposed regulations, manufacturers with test permits for both types of AVs (with or without human driver)
From page 36...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 36 California also proposed a change to the state's current regulations in that the state would no longer require driverless AVs to have conventional manual controls such as steering wheels and pedals, drafting the the application to deploy an AV on the public streets to refer to such driverless vehicles as follows: "(3)
From page 37...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 37 when necessary for the safety of the vehicle's occupants and/or other road users."75 The manufacturer shall also certify "that, when necessary, it will make available updates pertaining to the autonomous technology at least annually or by the effective date of any changes in the California Vehicle Code and local regulation" as applicable to the performance of the dynamic driving task in the vehicle's ODD.76 The manufacturer shall also certify "it will make available updates pertaining to location and mapping information utilized or referenced for the purpose of vehicle location and operation on a continual basis consistent with changes to the physical environment captured by the maps." 77 The manufacturer must also provide a "certification that the vehicles have self-diagnostic capabilities that meet current industry best practices78 for detecting and responding to cyber-attacks, unauthorized intrusions, and false or spurious messages or vehicle control commands."79 Questions may arise as to whether manufacturer selfcertification and mention of best practices are enough to protect HAVs from hacking once they are deployed.
From page 38...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 38 performance of the subject autonomous vehicles"88 and "the general types of safety-critical incidents encountered during testing and the measures taken to remediate the causes of these incidents." 89 Further, the "data shall also include the number of collisions that resulted in damage of property or bodily injury or death and a full description of the causes of collisions and measures taken to remediate the causes."90 Information Privacy Measures The manufacturer shall either provide a written disclosure to the driver or occupants of the vehicle (if no driver is required)
From page 39...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 39 is known, or by the exercise of reasonable care should be known, will likely induce a reasonably prudent person to believe a vehicle is autonomous."99 Many sources have noted that there is a difference between "autonomous" and "automated" vehicles.100 The adoption of the different SAE automation levels into popular parlance should help the public recognize that human-driven automated vehicles with automated features, such as the Tesla "Autopilot", are not necessarily "autonomous" vehicles.
From page 40...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 40 • Ensure there is a process to display or communicate to a vehicle owner or operator information if the vehicle is involved in a collision.
From page 41...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 41 (3)
From page 42...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 42 District of Columbia The District of Columbia enacted the Autonomous Vehicle Act of 2012, which expressly allows the operation of C/AVs on District roadways (D.C.
From page 43...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 43 Florida adopts similar provisions of law to those seen in Nevada (discussed in a later section)
From page 44...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 44 In order to allow for V2V truck platoons, Florida following-distance and passing traffic laws had to be legally clarified for their inclusion.115 Florida HB 7061 amends s.
From page 45...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 45 specified the conditions under which fully autonomous vehicles may be operated on public roads including: 1.
From page 46...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 46 the vehicle's movements."125 However, under the changes described above to SB 995-998, an "automated motor vehicle" can be "operated without any control or monitoring by a human operator."126 The artificial intelligence (AI)
From page 47...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 47 Michigan cars must have: $20,000 in personal injury liability and $10,000 in property damage liability.137 Legislators, potential victims, and manufacturers need to take notice of this oversight (Gurston, 2016)
From page 48...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 48 Nebraska Nebraska's LB 627 (which was left pending in committee)
From page 49...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 49 Testing licenses in Nevada are limited to specific geographic zones, although these may be enlarged based on private testing in similar conditions.153 General requirements that span across all C/AV/HAV testing in Nevada include having two persons physically in the vehicle while testing, including one person in the driver's seat who is able to take control.154 The bill also requires C/AVs/HAVs to have proof of insurance155 and prohibits the vehicles from being registered, tested or operated on a highway unless they meet certain conditions.
From page 50...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 50 Nevada also requires that EDRs capture read-only data 30 seconds before a collision in C/AVs/HAVs, and preserve the data for 3 years after extraction.166 Further, the state requires that EDRs be completely separate from other data systems, that they must provide data in a read-only format when requested, and must retain all data for at least 3 years following a collision167 The First Loophole in Nevada Laws Although Nevada was an early leader in C/AV/HAV legislation, there have been problems.
From page 51...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 51 capability of recording and storing sensor data before and after a collision.
From page 52...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 52 may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles." For motor vehicles operated upon roadway outside of a business or residence district in a caravan or motorcade -- whether or not towing other vehicles -- shall be operated as to allow sufficient space between each vehicle or combination of vehicles to enable any other vehicle to enter and occupy such space without danger.
From page 53...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 53 following list, asterisks denote subsections later amended by Tennessee's SB 676, as discussed later in this section.]
From page 54...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 54 operate on Tennessee streets and highways with the ADS engaged without a human driver physically present in the vehicle if the vehicle meets the following conditions: 1.
From page 55...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 55 3.
From page 56...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 56 Texas Legislation In the 85th Texas Legislature in 2017, two bills, one enacted, and one on the governor's desk, began the entrance of Texas into the realm of states with statutes regarding C/AVs/HAVs.
From page 57...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 57 2.
From page 58...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 58 Utah In 2015 Utah passed HB 373, signed by the governor on March 27, 2015, which added in at Utah Code 41-6a-711 regading following distance from another vehicle authority to conduct a CV testing program by Utah's Department of Transportation.181 The subsection exempted connected vehicles from the two second following distance, if they were in a conneted vehicle testing program that used networked wireless communication among vehicles, infrastructure or communication devices that were approved by the State DOT witin the Deparment of Public Safety.
From page 59...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 59 • Utah has mapped its roadway infrastructure using LiDAR technology and is currently implementing 3D design and 3D construction on several projects.
From page 60...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 60 The initiative will streamline the use of Virginia roads and state-of-the-art test facilities for C/AV/HAV testing, certification, and migration towards deployment.
From page 61...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 61 • Vehicles shall be operated or monitored only by a trained employee, contractor, or other person authorized by the entity developing autonomous technology.
From page 62...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 62 Coeur d'Alene, Idaho Municipal Code SECTION 1.
From page 63...
... NCHRP Web-Only Document 253, Vol. 1: Legal Landscape 63 classes of vehicles will contribute to the collection of data for evaluation, improve safety of all autonomous vehicle applications, and help to ensure that California will continue to lead the nation in advanced transportation adoption, production and deployment.

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