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From page 17... ... NCHRP 20-102(07) Interim Report 17 Findings and Analysis This section presents our findings and analysis of state motor vehicles codes and accompanying regulations. Read the entire page →
From page 18... ... NCHRP 20-102(07) Interim Report 18 identify any existing laws that would need to be modified, and thus this topic is not discussed in this report.23 4.1 Driver and Operator Requirements Fundamental Terms and Concepts An analysis of the intersection between laws affecting C/ADSs and state motor vehicles codes necessarily begins with an exploration of the conditions under which C/ADSs can operate on state roadways. Read the entire page →
From page 19... ... NCHRP 20-102(07) Interim Report 19 Category 2 and 3 States That Have Not Amended Codes to Address Drive and Operate Ambiguities Basic Requirements for Operator Although the UVC is not always the dominant approach used when defining operator responsibilities, the UVC approach does prevail in the vast majority of states. Read the entire page →
From page 20... ... NCHRP 20-102(07) Interim Report 20 human sit in a distant office and control multiple vehicles at once, while still "driving" or "operating" each vehicle? Read the entire page →
From page 21... ... NCHRP 20-102(07) Interim Report 21 of an autonomous vehicle when it is not operating in the autonomous mode."34 But in anticipation of level 4–5 ADS-equipped vehicles that do not require a human driver, the Express Terms include the following definition: "(n) Read the entire page →
From page 22... ... NCHRP 20-102(07) Interim Report 22 Figure 2. Read the entire page →
From page 23... ... NCHRP 20-102(07) Interim Report 23 definitions of the terms as provided in the state codes. Read the entire page →
From page 24... ... NCHRP 20-102(07) Interim Report 24 to exert control over engaging and disengaging the vehicle. Read the entire page →
From page 25... ... NCHRP 20-102(07) Interim Report 25 between legal controls over "drivers" would thus be defined by the point at which the person in the car is viewed as exercising "actual control." (As mentioned, this point is hardly clear and itself would need considerable clarification and analysis.) Read the entire page →
From page 26... ... NCHRP 20-102(07) Interim Report 26 1 approach, the legal status of C/ADSs with respect to terms like operator or driver are much clearer. Read the entire page →
From page 27... ... NCHRP 20-102(07) Interim Report 27 While these restrictions on license eligibility do not impede the introduction of C/ADSs, they do present limits on who can benefit from the technology. Read the entire page →
From page 28... ... NCHRP 20-102(07) Interim Report 28 during the license application process itself.56 In today's electronic environment, and with continually improving verification tools, the review of ineligibility for licenses may need modification, especially for users planning to utilize a level 5 vehicle. Read the entire page →
From page 29... ... NCHRP 20-102(07) Interim Report 29 Reciprocity Agreements and Interstate Harmonization All states recognize driver's licenses from other states as presumptively valid and some states have passed more elaborate reciprocity provisions into their state MVCs. Read the entire page →
From page 30... ... NCHRP 20-102(07) Interim Report 30 utilizes a license endorsement (although the endorsement is applied to a traditional license) Read the entire page →
From page 31... ... NCHRP 20-102(07) Interim Report 31 o The examiners log is also required to keep details regarding their contact details, license number, any further driving tests that have been conducted, and copies of certificates of driving skills. Read the entire page →
From page 32... ... NCHRP 20-102(07) Interim Report 32  Recommendation: Policy makers should consider adding components to existing, or possibly adding new, tests to ensure that the user understands the functional limits of the ADS within their vehicles. Read the entire page →
From page 33... ... NCHRP 20-102(07) Interim Report 33 requirements of an attentive driver are more ambiguous, but the codes nevertheless can be read to require an attentive human user. Read the entire page →
From page 34... ... NCHRP 20-102(07) Interim Report 34 Unattended Vehicle The UVC and a number of states prohibit the user from leaving a vehicle unattended without adequate protections against movement.76 This requirement raises questions for level 4–5 ADSequipped vehicles that may move without a physically present user or occupants. Read the entire page →
From page 35... ... NCHRP 20-102(07) Interim Report 35 Criminal and Civil Sanctions Users can be charged with criminal acts for violating certain traffic laws, but when the car is operating with the ADS properly engaged, some of these criminal charges are less straightforward.80 Law enforcement officers, consistent with these laws, will apply protocols for reporting that will not allow the officer to note, much less account for the possibility that the vehicle rather than the human operator was responsible for the crash or legal violation. Read the entire page →
From page 36... ... NCHRP 20-102(07) Interim Report 36 the ADS properly engaged, even though the crash was the result of the technology rather than the user engaging it. Read the entire page →
From page 37... ... NCHRP 20-102(07) Interim Report 37  Recommendation: Policy makers may need to amend their statutes governing criminal and civil liability to leave open the possibility that a level 3–5 ADS-equipped vehicle with the ADS properly engaged could also be responsible in whole or in part for a resulting violation. Read the entire page →
From page 38... ... NCHRP 20-102(07) Interim Report 38 Generally, some type of "reasonable articulable suspicion" or "reasonable grounds" to believe alcohol has been used by a "driver" is needed to administer the tests.91 Thus, if there is evidence that the car was operating with the ADS properly engaged, a reasonable suspicion may not exist. Read the entire page →
From page 39... ... NCHRP 20-102(07) Interim Report 39 Restrictions Against Driving While Impaired The UVC and all states prohibit a person from driving while intoxicated or under the influence of drugs or narcotics.94 The UVC directs that a person shall not drive any vehicle while "under the influence of alcohol" or "any drug to a degree which renders such person incapable of safely driving" or that exceeds prescribed blood concentrations set in the statute.95 In most states, these general prohibitions are reinforced by legislative limits on alcohol and drugs in the driver. Read the entire page →
From page 40... ... NCHRP 20-102(07) Interim Report 40 possess an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is on a public highway. Read the entire page →
From page 41... ... NCHRP 20-102(07) Interim Report 41 the role of the user seated there. Read the entire page →
From page 42... ... NCHRP 20-102(07) Interim Report 42 Distractions or Obstructions from Third Parties The UVC and most, if not all, states generally prohibit a range of visual obstructions and passenger interference with the driver. Read the entire page →
From page 43... ... NCHRP 20-102(07) Interim Report 43 All states require that noncommercial motor vehicles are registered in the state and that a motor vehicle registered within the state cannot operate on a public highway until its owner applies for a vehicle title and registration.118 States require persons residing in the state to register their vehicles in that state within a short period of time, typically around 30 days, after establishing residence or purchasing the vehicle. Read the entire page →
From page 44... ... NCHRP 20-102(07) Interim Report 44 Within California's pilot testing regulations121, manufacturers cannot conduct tests without having applied to the DMV for a permit (§227.24) Read the entire page →
From page 45... ... NCHRP 20-102(07) Interim Report 45 Section 485.185 requires a testing licensee to provide proof of insurance. Read the entire page →
From page 46... ... NCHRP 20-102(07) Interim Report 46 Vehicle Inspections and Vehicle Requirements A number of legislative requirements are imposed on the actual design of the vehicle, again with the intent of improving the safety of human-directed transportation. Read the entire page →
From page 47... ... NCHRP 20-102(07) Interim Report 47 "[m] Read the entire page →
From page 48... ... NCHRP 20-102(07) Interim Report 48 be necessary or could be reconfigured more towards alerting pedestrians and cyclists rather than other motorists. Read the entire page →
From page 49... ... NCHRP 20-102(07) Interim Report 49 3. Read the entire page →
From page 50... ... NCHRP 20-102(07) Interim Report 50 must be issued, but again provides no further guidance or instruction regarding vehicle maintenance. Read the entire page →
From page 51... ... NCHRP 20-102(07) Interim Report 51 that most aftermarket modifications remain largely unregulated.153 Several legal provisions that seem intended to regulate this type of modification activity are framed in ways that may fall short. Read the entire page →
From page 52... ... NCHRP 20-102(07) Interim Report 52 Moreover, several states do require registration of "autonomous vehicles."163 This registration requirement could be interpreted to apply to aftermarket modifications as well if automated driving capabilities are modified or added to vehicles. Read the entire page →
From page 53... ... NCHRP 20-102(07) Interim Report 53  Recommendation: To the extent that aftermarket modification requirements currently exist in some states, their application to aftermarket conversions of conventional vehicles into C/ADSs remains unclear. Read the entire page →
From page 54... ... NCHRP 20-102(07) Interim Report 54 Liability for Crashes Some states impose liability exclusively on owners of vehicles involved in crashes, presumably even if it is the case that the C/ADS manufacturer or software designer is 100% at fault. Read the entire page →
From page 55... ... NCHRP 20-102(07) Interim Report 55 consumer goods.176 As time passed, states recognized the need for greater consumer protection to mitigate the consequences of costly investments, such as defective motor vehicles.177 States enacted "lemon laws" to provide consumers with easier paths to recovery, such as refunds after multiple failed repair attempts and the creation of arbitration boards to hear grievances.178 Some states have also designed lemon laws to provide consumers with access to remedies and arbitration without formal legal representation.179 Connecticut was the first state to pass a lemon law in 1982.180 By 1994, all states had adopted some form of statutory consumer protection for vehicle purchases. Read the entire page →
From page 56... ... NCHRP 20-102(07) Interim Report 56 Certain purely electronic malfunctions, such as a check engine light, have not been held to impair use, value, or safety despite a dealer's unsuccessful attempts to remedy them.184 Such narrow constructions of these consumer protection laws may present significant hurdles for level 3–5 ADS-equipped vehicles. Read the entire page →
From page 57... ... NCHRP 20-102(07) Interim Report 57 Other Category 1 states, for example California, still appear to employ the term "driver" in at least some of their rules of the road provisions.188 Nevada has issued an administrative rule stating that "the operation of an autonomous vehicle that is operated in autonomous mode shall be deemed the driver of the autonomous vehicle regardless of whether the person is physically present . Read the entire page →
From page 58... ... NCHRP 20-102(07) Interim Report 58 driving on street car tracks invoke some state requirements that the driver "proceed only upon exercising due caution for pedestrians" exiting and around the streetcar.194 C/ADSs raise still more challenges with regard to this human judgment requirement by presenting a possible bifurcated "reasonable person" -- one who is human driving a non-C/ADS and the other driving, for example, a level 3 vehicle with the ADS engaged. Read the entire page →
From page 59... ... NCHRP 20-102(07) Interim Report 59 Children and Confused or Incapacitated Persons Some states direct drivers to "exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway."197 Aberrational human behavior may be best judged by another human; this type of detection of aberrations and irrationality may be difficult to program into an ADS. Read the entire page →
From page 60... ... NCHRP 20-102(07) Interim Report 60 crossing guard is in a school crossing and is holding a stop sign in an upright position visible to approaching vehicular traffic is guilty of a misdemeanor."204 Moreover, at least in Ohio, a "traffic control device" is defined to include a "flagger" as well as fixed signs and devices.205 Funeral Processions At least one state in our sample has legislatively required that vehicles yield right-of-way to funeral processions that are marked with a specific flag on the vehicle.206 School Buses In the UVC (with analogous requirements in most if not all of the states) Read the entire page →
From page 61... ... NCHRP 20-102(07) Interim Report 61 Other states impose somewhat similar nonspecific lights and/or sounds emanating from public vehicles as a requirement for other drivers on the road to yield the right-of-way or pull over. Read the entire page →
From page 62... ... NCHRP 20-102(07) Interim Report 62 Passing a Streetcar The UVC requirements for passing streetcars direct the driver to operate based on the activities of the pedestrians. Read the entire page →
From page 63... ... NCHRP 20-102(07) Interim Report 63 to all vehicles traveling in the proper direction . Read the entire page →
From page 64... ... NCHRP 20-102(07) Interim Report 64 approaches curves "where the view is obstructed within a distance of 200 feet along the highway," the driver "shall give audible warning with the horn."229 In the UVC "[v] Read the entire page →
From page 65... ... NCHRP 20-102(07) Interim Report 65 an undried condition and is marked by flags . Read the entire page →
From page 66... ... NCHRP 20-102(07) Interim Report 66 cooperation, authorized by the law, may need refining or modification in the future in some states.239  Recommendation: Local controls over roadways, both with regard to who can operate on them and the rules of the road are likely to require attention and the consideration of preemption statutes. Read the entire page →
From page 67... ... NCHRP 20-102(07) Interim Report 67  Recommendation: Policy makers may need to consider whether occupant safety requirements need to be revised to take full advantage of C/ADSs' sensory capabilities (e.g., sensing the weight of each passenger, but not the age; disengaging when belts are not in place so that the vehicle will not operate in conflict with safety requirements required by current laws) Read the entire page →
From page 68... ... NCHRP 20-102(07) Interim Report 68 strike and injury any horse, dog, cat or animal classified as cattle shall stop and endeavor to locate the owner . Read the entire page →
From page 69... ... NCHRP 20-102(07) Interim Report 69 when most state MVCs were passed or substantially revised. Read the entire page →
From page 70... ... NCHRP 20-102(07) Interim Report 70 Table 4. Read the entire page →
From page 71... ... NCHRP 20-102(07) Interim Report 71 Table 5. Read the entire page →
From page 72... ... NCHRP 20-102(07) Interim Report 72 Approach #4: All Together Two states in our 15-state sample require all three prongs to be met simultaneously, although the distance requirements are limited only to a subset of specific conditions. Read the entire page →
From page 73... ... NCHRP 20-102(07) Interim Report 73 Table 8. Read the entire page →
From page 74... ... NCHRP 20-102(07) Interim Report 74  Recommendation: If platoons are to be encouraged on a state's highways, modification of following distance requirements will likely to be necessary, particularly in states that impose prescriptive following distances. Read the entire page →
From page 75... ... NCHRP 20-102(07) Interim Report 75 (Michigan) Read the entire page →
From page 76... ... NCHRP 20-102(07) Interim Report 76 Length In federal law, the UVC and all states, there are length requirements applied to commercial vehicles (including a "combination of vehicles") Read the entire page →
From page 77... ... NCHRP 20-102(07) Interim Report 77 American Association of State Highway and Transportation Officials (AASHTO) Read the entire page →
From page 78... ... NCHRP 20-102(07) Interim Report 78  Recommendation: Since trucks in platoons operate independently but in relative close proximity, state regulators may need to consider the aggregate length, weight, and possible noise restrictions as they apply to a set of trucks operating as a platoon. Read the entire page →
From page 79... ... NCHRP 20-102(07) Interim Report 79 Local Controls That Override State Restrictions Some state codes provide local governments with authority to regulate traffic in their jurisdiction using the reasonable exercise of police power. Read the entire page →
From page 80... ... NCHRP 20-102(07) Interim Report 80 legal systems and are impacted substantially by federal laws as well.287 We therefore attempt only to spotlight some issues that should be included in discussions about privacy and public policy concerns as they relate to various C/ADS technologies, and the intersection of privacy and state laws that may necessitate future legislative modification. Read the entire page →
From page 81... ... NCHRP 20-102(07) Interim Report 81 ownership, vehicular accidents, driving violations or driver status."295 The AAMVA's Model Legislation, for example, expressly exempts from protected "personal information," "other contents of a motor vehicle record, including information on vehicular accidents, driving or equipment-related violations, dispositions by any court or administrative body, and driver's license or registration status."296 Similarly, in California "all records of the department relating to the registration of vehicles, other information contained on an application for a driver's license, abstracts of convictions, and abstracts of accident reports required to be sent to the department . Read the entire page →
From page 82... ... NCHRP 20-102(07) Interim Report 82 may have the capability of transmitting, and possibly collecting, a great deal of data on the location and movement of vehicles.301 For this reason, in its 2016 Proposed Rule governing V2V communication, NHTSA proposed ways to protect consumer privacy in V2V systems. Read the entire page →
From page 83... ... NCHRP 20-102(07) Interim Report 83 transferred in real-time to manufacturers, and possibly others, and has the potential to be obtained by anyone who gains access to the device. Read the entire page →
From page 84... ... NCHRP 20-102(07) Interim Report 84 Current state laws in our dataset did not appear to impose meaningful legislative restrictions on the government collection or use of data extracted from communications networks. Read the entire page →
From page 85... ... NCHRP 20-102(07) Interim Report 85 contracts will generally be enforceable.316 Thus, under existing state law, OEMs, software companies, or others with contractual arrangements with consumers may use the information obtained through these devices for purposes of product development, advertising, or pricing and sales.317 However, state data breach statutes, which have been passed in 48 states, will limit the ability of OEMs to share this contractually agreed upon private data with third parties.318 These statutes generally require owner consent before personal information can be shared, and when privacy is breached, the owner is required by law to be notified. Read the entire page →
From page 86... ... NCHRP 20-102(07) Interim Report 86 However, EDR legislation is focused on only one specific type of device and does not apply to other data collection devices that may be found specifically on C/ADSs.322 In the Utah EDR statue, for example, "event data recorder" is defined as "a device or function in a vehicle that records the vehicle's dynamic time-series data during the time period just prior to a crash event (e.g., vehicle speed vs. Read the entire page →
From page 87... ... NCHRP 20-102(07) Interim Report 87 names of owners327) Read the entire page →
From page 88... ... NCHRP 20-102(07) Interim Report 88 Harmonization Task Group 6: Connected Vehicle Security Policy formalized the security life cycle of a connected vehicle device and identified the 90+ interfaces related to specifically managing security in the connected vehicle environment. Read the entire page →

From page 17...

... NCHRP 20-102(07) Interim Report 17 Findings and Analysis This section presents our findings and analysis of state motor vehicles codes and accompanying regulations.