The recent fatal accident in Florida involving a Tesla with its “Autopilot” technology reportedly engaged has put even more eyes on the National Highway Safety Administration (NHTSA) as it works on regulatory guidance. NHTSA has the difficult task of balancing the safety of our roads with promoting the continued testing and development of autonomous vehicles.
The NHTSA guidelines are due to be released this summer (potentially as soon as this week) and are also expected to contain suggested model policies for states and local governments concerning the safe operation of autonomous vehicles, but recent reports say that NHTSA will not be implementing mandatory standards at this time.
While it is not known how in depth the NHTSA guidelines will go, it is only the first step on the road towards the safe deployment of autonomous vehicles.
NHTSA Guidelines and Tesla Investigation
As NHTSA also investigates the tragic Tesla crash, it will not be surprising to see findings from its investigation be reflected in the NHTSA guidelines. While not expected to be mandatory, such guidance will assist states and local governments in developing new laws and regulations for the increased deployment of autonomous vehicles within their jurisdictions.
Since we are traveling on unmapped roads, following such guidelines and model policies should reduce liability in the event of an accident where a public agency is sued. Do not be surprised to see NHTSA’s guidance and oversight role to be ever-evolving over the next few years. Such transformative technology requires flexibility; however, NHTSA will be seeking to lay a solid foundation with its first iteration of guidelines and model policies, especially from the standpoint of safety
Smart Planning and Collaboration
Automakers, including BMW, Intel and Mobileye, are collaborating to move “highly and fully automated” vehicles into series production by 2021. While five years may seem like a long time, it is not when you are confronting a new technology with little to no existing legal guidance or regulations in place. Significant planning and lead time will be needed to prepare for a world with autonomous cars, especially since truly driverless cars (no driver needed) do not fit neatly into existing laws, codes and ordinances that contemplate a human as the driver rather than a computer. For example, if a car is fully autonomous, should a person be prohibited from talking or texting? Does a rider need to be licensed? How should autonomous ride sharing fleets be regulated?
In order to address such questions, states and local jurisdictions are forming task forces to evaluate and draft new laws and regulations. Additionally, the National Association of City Transportation Officials has released forward-thinking policy recommendations to ensure automated vehicles are safe, support public transit, reduce greenhouse gas emissions and vehicle miles traveled and — perhaps, most importantly — improve mobility for all. The NACTO policy recommendations also correctly identify the importance of considering what smart transportation technologies can be incorporated into transportation infrastructure projects now, which may also be needed to support automated cars. (On that note, it will be exciting to see what best practices result from Columbus, Ohio as the recent winner of the Department of Transportation’s Smart City Challenge.)
A Blueprint for Safety and Continued Innovation?
The road to innovation is always challenging, and one of the most congested intersections is that of law and technology. Local governments do not want to miss out on potential economic opportunities for public-private partnerships to enhance existing public transportation systems with driverless technologies, like the “Olli.” They should also want to avoid being confronted with an operational quagmire due to not planning for the deployment of smart transportation technologies. Hopefully, the forthcoming NHTSA guidelines provide the blueprint needed for local governments to begin the exciting, yet difficult, process of modifying and developing new ordinances regulating automated technologies. Moreover, states and local governments will want to continue to monitor and make sure their voices are heard as the NHTSA guidelines and model policies continue their inevitable evolution with the increased operation of autonomous technologies on our roads and highways.
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