Implications of Connected and Automated Driving Systems, Vol. 5: Developing the Autonomous Vehicle Action Plan (2018)

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NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 1 Project Overview 1.1 Background and Objectives The fundamental objective of this project was to help states, especially agency leadership in the transportation domain, recognize the critical laws and regulations that may need to be changed or modified as connected and Automated Driving System (C/ADS)-equipped vehicles are deployed. Industry sectors engaged in C/ADS deployment, legal practitioners, and state legislatures recognize that current laws and regulations must be addressed in a comprehensive, yet flexible way to ensure safety and reap the anticipated societal benefits of C/ADSs, while at the same time anticipating many unknowns. Unlike implementing traditional legal and regulatory changes, making simple citation modifications to add a new title brand or type of license plate, or instituting an adjustment in fees, fines, or driver sanctions, the changes to C/ADS-related laws are complicated and challenging. Modifying these laws will require changes to basic underpinning concepts and definitions, as well as an understanding of the C/ADS technology and its limitations. Existing motor vehicle codes have been developed based on implicit assumptions about drivers maintaining continuous involvement in the driving task and continuous responsibility for managing traffic safety hazards. ADSs significantly reduce the role of the driver, which means that some of these codes will need to be reconsidered. The incorporation of driving behavior into in-vehicle software also generates pressure to harmonize the rules of the road across jurisdictions. This research was undertaken to better understand and address the impact of ADSs on MVCs and other related domains. The results of this NCHRP Project 20-102: Implications of Automation for Motor Vehicle Codes are intended to provide guidance and resources to state departments of transportation (DOTs) and departments of motor vehicles (DMVs) to assist with the legal changes that will result from the rollout of C/ADS-equipped vehicles. The guidance materials developed as part of this project will allow states to validate their decisions and identify mitigation strategies that can help minimize negative impacts prior to the implementation of changes to MVCs. Additionally, use of the guidelines will help states provide guidance to law enforcement organizations responsible for enforcing the new codes. The following key questions were addressed through the research: 1. What applicable existing laws and regulations may need reconsideration as C/ADSs become more widely used? 2. How and when will these codes need to be revised? 3. How might changes to motor vehicle laws, regulations, and statutes related to C/ADSs affect current driving practices and impact the continuous responsibility of managing traffic safety hazards?

NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 2 4. What are the barriers to implementing the resultant new rules for the road and what are the strategies for overcoming these barriers? 5. What are the processes and stages for modifying relevant MVCs, laws, regulations, and statutes? This research is intended to provide DOTs and DMVs a strategic path for working with stakeholders, state legislatures, and regulatory authorities. 1.2 Project Activities This project involved the following key activities: • A literature review of the legal and regulatory landscape. The review covered federal law, state law and legislation, an overview of association activities, a law article review, and a review of international activity regarding legislation and regulations. • A legal and regulatory needs assessment to identify likely changes needed to motor vehicle and driver’s licensing laws and regulations. The assessment involved extensive stakeholder outreach that targeted (1) key associations/organizations (2) OEM, supplier, and other tech developer interests (3) other stakeholders (e.g., insurance interests, driver advocacy groups, etc.), and (4) DMV, DOT, and law enforcement interests in 10 states. • An identification of the state laws and regulations that may need to be modified with the development of C/ADS technologies. A front-to-back audit of 15 state codes and regulations, as well as the Uniform Vehicle Code (UVC; 2000) was undertaken to identify the types of legal provisions that may require modification. • A prioritization and harmonization assessment to identify and provide an overview of key issues and recommended approaches to addressing them. Earlier project activity findings were used to develop the prioritization and harmonization. • A guidance document, drawing upon task milestones and deliverables, was developed for DOTs and DMVs. The resulting “Autonomous Vehicle Action Plan (AVAP): A Roadmap for Changes to Autonomous Vehicle Laws and Regulations” guidance document includes a presentation for practitioners and accompanying handouts. The activities described above have resulted in several detailed reports. For more in-depth information on any chapter of this final report, please see the accompanying report listed below. This final report only includes summary information and key findings from each report and technical memorandum. • Loftus-Otway, L., & Gallun, S. (Updated 2018). Connected and Automated Driving Systems Legal Landscape. Manuscript submitted for publication (Chapters 3 and 4). • Serian, B., Trimble, T., Mallory, B., & Kent, G., (2017). Connected and Automated Driving Systems Issue Identification and Stakeholder Outreach. Manuscript submitted for publication (Chapter 5).

NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 3 • Wagner, W., Loftus-Otway, L., Gallun, S., Morrissey, S., Havinoviski, G., & Serian, B. (2018). State Legal and Regulatory Audit: Identification of Laws and Regulations Potentially Requiring Modification. Manuscript submitted for publication (Chapter 6). • Serian, B., Mallory, B., Trimble, T., Wagner, J., Bishop, R., Gould, P., … Havinoviski, G., (2018). Connected and Automated Driving Systems Legal and Regulatory Prioritization Assessment and Harmonization Analysis. Manuscript submitted for publication (Chapter 7). 1.3 Document Overview This document summarizes the outputs from each activity. • Chapter 2 provides an overview of the definitions and assumptions guiding this effort. • Chapter 3 summarizes the findings of the literature and legislative review. • Chapter 4 summarizes the findings from the legal and regulatory needs assessment. • Chapter 5 summarizes the findings from the legal and regulatory audit. • Chapter 6 summarizes the findings from the prioritization and harmonization assessment. • Chapter 7 provides an overview of the C/ADS guidance documents. The flow of the activities carried out for this project are shown in the exploratory Figure 1.

NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 4 Figure 1. Process used to develop the C/ADS guidance documents.