Nationwide automated driving laws drafted

New Australian legislation that will enable automated driving systems to drive automated vehicles, instead of humans, is being developed.

National Transport Commission (NTC) Chief Executive Paul Retter said a new national law, due to be in place by 2020, would bring certainty to manufacturers and operators looking to bring more automated vehicle technology to Australia.

“With automated vehicles, there will be times when an ‘automated driving system’, rather than a human, will be in control of the vehicle. We need a nationally consistent law to know who is in control of a motor vehicle at any point in time,” Retter said.

“Without a change to existing laws or new law, there would be no-one to hold responsible for compliance with our road rules when an automated driving system is in control of a vehicle.”

Retter said the NTC believes a uniform national approach will help automated vehicle manufacturers and the public understand the legal framework they are operating in and accelerate the introduction of automated vehicles in Australia.

On 18 May 2018, Transport Ministers agreed to a uniform approach across all states and territories to ensure there is always a legal entity in charge of driving when an automated driving system is engaged. This is set out in the NTC policy paper ‘Changing driving laws to support automated vehicles’. The new legislation would be in place by 2020 in time for the anticipated commercial rollout of automated vehicles in Australia.

The NTC proposed the introduction of a uniform law to:

• allow an automated driving system (rather than a human) to perform the dynamic driving task when it is engaged;
• ensure that there is always a legal entity responsible for driving;
• set out any obligations on relevant entities, including the ADS entity, and users of automated vehicles;
• provide flexible compliance and enforcement options.
   

The NTC consulted widely with government and industry in 2017/18 with a discussion paper on changing driving laws to support automated vehicles.

Following on from the Ministers’ approval, the NTC will work closely with road agencies and transport departments to develop the detailed policy recommendations and legislative analysis necessary to establish the new purpose-built national law by 2020.

“This is a considerable change to national road transport laws, to support the significant changes we see coming in transport technology,” Retter said.

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