This SAE EDGE Research Report explores the many legal issues raised by the advent of automated vehicles. While promised to bring major changes to our lives, there are significant legal challenges that have to be overcome before they can see widespread use. A century’s worth of law and regulation were written with only human drivers in mind, meaning they have to be amended before machines can take the wheel. Everything from key federal safety regulations down to local parking laws will have to shift in the face of AVs. This report undertakes an examination of the AV laws of Nevada, California, Michigan, and Arizona, along with two failed federal AV bills, to better understand how lawmakers have approached the technology. States have traditionally regulated a great deal of what happens on the road, but does that still make sense in a world with AVs? Would the nascent AV industry be able to survive in a world with fifty potential sets of rules? Given the current lack of a federal AV law, state-level legislation can have a great deal of influence over the industry. Beyond government regulation, what other areas of our legal system will have to adapt to AVs? How do we assign liability for an accident in which the only actors were machines? How do you give an AV a ticket? The questions are numerous and have already captured the imagination of lawyers and lawmakers. This report will explore a number of potential changes facing the legal system, the unsettled aspects that derive from this new world, and the proposed solutions that have been raised. NOTE: SAE EDGE™ Research Reports are intended to identify and illuminate key issues in emerging, but still unsettled, technologies of interest to the mobility industry. The goal of SAE EDGE™ Research Reports is to stimulate discussion and work in the hope of promoting and speeding resolution of identified issues. SAE EDGE™ Research Reports are not intended to resolve the challenges they identify or close any topic to further scrutiny. Click here to access the full SAE EDGETM Research Report portfolio. https://doi.org/10.4271/EPR2020005

SAE EDGE Research Reports provide state-of-the-art and state-of-industry examinations of the most significant topics in mobility engineering. SAE EDGE contributors are experts from research, academia, and industry who have come together to explore and define the most critical advancements, challenges, and future direction in areas such as vehicle automation, unmanned aircraft, IoT and connectivity, cybersecurity, advanced propulsion, and advanced manufacturing.

This SAE EDGE(TM) Research Report explores how the deployment of automated vehicles (AVs) will affect the insurance industry and the principles of liability that underly the structure of insurance in the US. As we trade human drivers for suites of sensors and computers, who (or what) is responsible when there is a crash? The owner of the vehicle? The automaker that built it? The programmer that wrote the code? Insurers have over 100 years of experience and data covering human drivers, but with only a few years' worth of information on AVs - how can they properly predict the true risks associated with their deployment? Without an understanding of the nature and risks of AVs, how can the government agencies that regulate the insurance industry provide proper oversight? Do the challenges AVs present require a total reworking of our insurance and liability systems, or can our current structures be adapted to fit them with minor modifications? Unsettled Legal Issues Facing Automated Vehicles explores a number of potential challenges and unsettled topics facing the insurance industry and offers potential solutions brought forth from a team of seven legal experts.

Modern automobiles collect around 25 gigabytes of data per hour and autonomous vehicles are expected to generate more than 100 times that number. In comparison, the Apollo Guidance Computer assisting in the moon launches had only a 32-kilobtye hard disk. Without question, the breadth of in-vehicle data has opened new possibilities and challenges. The potential for accessing this data has led many entrepreneurs to claim that data is more valuable than even the vehicle itself. These intrepid data-miners seek to explore business opportunities in predictive maintenance, pay-as-you-drive features, and infrastructure services. Yet, the use of data comes with inherent challenges: accessibility, ownership, security, and privacy. Unsettled Legal Issues Facing Data in Autonomous, Connected, Electric, and Shared Vehicles examines some of the pressing questions on the minds of both industry and consumers. Who owns the data and how can it be used? What are the regulatory regimes that impact vehicular data use? Is the US close to harmonizing with other nations in the automotive data privacy? And will the risks of hackers lead to the “zombie car apocalypse” or to another avenue for ransomware? This report explores a number of these legal challenges and the unsettled aspects that arise in the world of automotive data. Click here to access the full SAE EDGETM Research Report portfolio. https://doi.org/10.4271/EPR2021019

Note: This is the original 2012 report. An updated 2014 law review article is available as 1 Tex. A&M. L. Rev. 411. This report provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle's steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the report, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. The report's largely descriptive analysis, which begins with the principle that everything is permitted unless prohibited, covers three key legal regimes: the 1949 Geneva Convention on Road Traffic, regulations enacted by the National Highway Traffic Safety Administration (NHTSA), and the vehicle codes of all fifty US states. The Geneva Convention, to which the United States is a party, probably does not prohibit automated driving. The treaty promotes road safety by establishing uniform rules, one of which requires every vehicle or combination thereof to have a driver who is "at all times ... able to control" it. However, this requirement is likely satisfied if a human is able to intervene in the automated vehicle's operation. NHTSA's regulations, which include the Federal Motor Vehicle Safety Standards to which new vehicles must be certified, do not generally prohibit or uniquely burden automated vehicles, with the possible exception of one rule regarding emergency flashers. State vehicle codes probably do not prohibit-but may complicate-automated driving. These codes assume the presence of licensed human drivers who are able to exercise human judgment, and particular rules may functionally require that presence. New York somewhat uniquely directs a driver to keep one hand on the wheel at all times. In addition, far more common rules mandating reasonable, prudent, practicable, and safe driving have uncertain application to automated vehicles and their users. Following distance requirements may also restrict the lawful operation of tightly spaced vehicle platoons. Many of these issues arise even in the three states that expressly regulate automated vehicles. The primary purpose of this report is to assess the current legal status of automated vehicles. However, the report includes draft language for US states that wish to clarify this status. It also recommends five near-term measures that may help increase legal certainty without producing premature regulation. First, regulators and standards organizations should develop common vocabularies and definitions that are useful in the legal, technical, and public realms. Second, the United States should closely monitor efforts to amend or interpret the 1969 Vienna Convention, which contains language similar to the Geneva Convention but does not bind the United States. Third, NHTSA should indicate the likely scope and schedule of potential regulatory action. Fourth, US states should analyze how their vehicle codes would or should apply to automated vehicles, including those that have an identifiable human operator and those that do not. Finally, additional research on laws applicable to trucks, buses, taxis, low-speed vehicles, and other specialty vehicles may be useful. This is in addition to ongoing research into the other legal aspects of vehicle automation.

This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the authors demonstrate that these benefits will only be achieved if vehicles have an appropriate safety concept at the heart of their design. Realizing the potential of automated vehicles to reorganize traffic and transform mobility of people and goods requires similar care in the design of vehicles and networks. By covering all of these topics, the book aims to provide a current, comprehensive, and scientifically sound treatment of the emerging field of “autonomous driving".