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Submissions for NTC Discussion Paper - Changing driving laws to support automated vehicles - October 2017

Transoptim

10 Nov 2017

1) Do you agree that reform to existing driving laws is required to: (i) allow an automated driving system (ADS) to perform the dynamic driving task when it is engaged? (ii) ensure a legal entity (Automated Driving System Entity - ADSE) is responsible for the actions of the vehicle when the ADS is engaged?

Agree to both 1.1 and 1.2

2) Do you agree that if the ADS is engaged, legislation should provide that the ADS is in control of the vehicle at conditional, high and full levels of automation? If not, do you think a human in the vehicle should be considered in control of the vehicle, and at what levels?

Agree

3) Do you agree that the proper control offence should not apply to the ADS, provided there are appropriate ways to hold the ADSE to account for the proper operation of its ADS?

Agree

4) Do you agree that if a safety assurance system is approved that requires an ADSE to identify itself, the identified ADSE should be responsible for the actions of the vehicle while the ADS is engaged? If the ADSE is not identified through the safety assurance system, how should the responsible entity be identified in legislation?

Agree

5) Do you agree that when the ADS is engaged: (i) an ADSE should be responsible for compliance with dynamic driving task obligations? (ii) obligations that are part of the dynamic driving task that the ADS cannot perform should be modified where appropriate, or the ADS exempted from the obligation? (iii) an ADSE should not be responsible for existing driver duties and obligations that are not part of the dynamic driving task?

Agree with 5.1 and 5.3; no view offered on 5.2

6) How should legislation recognise an ADS and an ADSE? In assessing the options in section 5.6, please consider the following factors: (i) legislative efficiency (ii) timeliness (iii) impact on compliance and enforcement (iv) impacts on other schemes such as compulsory third-party insurance.

No view offered

6a) Are there other options that you prefer? Please provide details of how it would work.

No view offered

7) Do you agree that driver obligations need to be assessed to ensure there are no obligations that cannot be fulfilled if an ADS is in control? If gaps are identified, should other appropriate entities—such as fallback-ready users, other vehicle occupants, registered operators and operators—be made responsible for the obligation?

Agree

8) Do you agree that obligations on a fallback-ready user of a vehicle with conditional automation, who will be required to take over driving if requested by the ADS should include: (i) sufficient vigilance to acknowledge warnings and regain control of the vehicle without undue delay, when required? (ii) holding the appropriate licence for the vehicle type? (iii) complying with drug, alcohol and fatigue driver obligations?

Agree

8a) Do you agree that the fallback-ready user should be allowed to perform secondary activities?

With respect to availability for fallback and the human (potential) driver performing other activities, this requirement would presumably be dependent on the timeframe provided for a human to reassert control (to allow adequate time for such).

9) Do you think it is necessary to impose readiness-to-drive obligations on humans who will take over driving when a vehicle with high automation that includes manual controls reaches the limit of its operational design domain?

Yes

10) Do you agree that no readiness-to-drive obligations should be placed on passengers in dedicated automated vehicles (designed to be ‘driverless’)?

Agree

11) Should exemptions from the drink- and drug-driving offences concerning starting a vehicle and being in charge of a vehicle be provided to a person who is starting, or who is a passenger in, a dedicated automated vehicle?

No view offered

12) Should exemptions from the drink- and drug- driving offences concerning starting a vehicle and being in charge of a vehicle be provided to a person who is starting a vehicle with high or full automation that includes manual controls?

No view offered

13) How do you think road traffic penalties should apply to ADSEs?

No view offered

14) Do you think obligations and penalties on ADSEs in the safety assurance system should complement, or be an alternative to, road traffic offences?

No view offered

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