Synthesis of Automated Vehicle Legislation

Hubbard, Sarah M · 2017 · ROSA P / Purdue University. Joint Transportation Research Program

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Summary

This report synthesizes state-level legislation regarding automated vehicles (AVs) as of late 2017, addressing the regulatory vacuum created by rapidly evolving AV technologies. The research was motivated by the anticipated benefits of AVs, including increased safety, reduced congestion, and a projected $7 trillion market impact by 2050, balanced against challenges such as liability, privacy, and cybersecurity. The primary objective was to identify and categorize current state legislative responses to provide decision-makers, particularly in Indiana, with a framework for developing strategic AV plans. The methodology involved a comprehensive review of enacted legislation and executive orders across the United States. The author categorized legislative provisions into eleven specific topic areas: definitions, study requests, licensing and registration, insurance and liability, vehicle inspection, operator requirements, infrastructure, vehicle testing, public road operation, commercial vehicle operations (including platooning), and privacy. The analysis also incorporated the National Highway Traffic Safety Administration’s (NHTSA) 2016 Federal Automated Vehicles Policy (FAVP), which provides guidance on autonomy levels (SAE Levels 0–5) and delineates federal versus state responsibilities. The findings reveal significant variation in legislative approaches. As of July 2017, twenty states and the District of Columbia had enacted AV-related legislation, while four states issued executive orders. Nevada was the first state to legislate in 2011, followed by varied approaches in other states ranging from minimal definitions to comprehensive testing frameworks. Common legislative themes included establishing legal definitions for AVs and highly automated vehicles (HAVs), authorizing testing on public roads, and addressing licensing and insurance. However, states differed significantly in operator requirements and infrastructure mandates. The report notes that while federal guidance exists, states retain critical responsibilities for licensure, registration, traffic enforcement, and insurance. Furthermore, the study highlights that legislation is not always a prerequisite for AV activity; some states attract AV testing due to a lack of restrictive regulations. The significance of this synthesis lies in its provision of a comparative framework for policymakers. It demonstrates that while the federal government sets vehicle safety standards, states play a crucial role in regulating the operational and legal aspects of AV deployment. The report concludes that even with potential future federal legislation, states will remain essential for managing AV licensure, infrastructure, and emergency response. This analysis serves as a reference for agencies developing strategic plans, emphasizing the need for flexible legislative frameworks that can adapt to technological advancements and varying levels of automation.

Key finding

Legislative responses to automated vehicles vary significantly across states, with twenty states and the District of Columbia having passed specific legislation and four states issuing executive orders as of October 2017.

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