Implications of Connected and Automated Driving Systems, Vol. 2: State Legal and Regulatory Audit (2018)

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NCHRP 20-102(07) Interim Report 181 Appendix 2: Triggers Used to Identify Problematic State Provisions Table A21. Triggers Used to Identify Problematic State Provisions – Core Questions CORE QUESTIONS THAT MUST BE RESOLVED IN THE SOURCES OF LAW It is important to find all provisions that speak to these questions. 1 What is an operator and does that operator need to be a human? This will be covered partly in definitions (“operator” and “person” are typically located in the first section of code requirements for operating a car); also look for clues as to whether the operator must have a license, and then whether that license must include fingerprints, etc. 2 Does an operator need to be present in the vehicle or can the operator control the vehicle remotely? 3 Even if the operator must be physically present, does the operator need to be actively controlling the vehicle? Are there accommodations that allow automation for handicapped drivers? 4 Are there other requirements that may impede ADS operations (e.g., operator must be attentive; operator must “see” the road)? 5 Can there be two operators (e.g., the human driver and the ADS manufacturer)? If so, can the ADS manufacturer bear most of the responsibility? 6 Are there rules of the road that seem specific to the roadway and that would require a human operator (rather than an ADS)? 7 If there are vehicle inspection requirements, do the vehicles require pedals, steering wheels, etc. in order to be allowed on the road? 8 What other intersections do you see between driving automation system-equipped vehicles and the states’ laws and rules? 9 Are there requirements that preclude texting, drinking, etc. while operating a car? These could place limits on the use of ADS-equipped vehicles. 10 Is it the state’s expectation that all existing rules of the road will apply to some or all levels of automation? Table A22. Triggers Used to Identify Problematic State Provisions – Supplemental Triggers POSSIBLE (NONEXCLUSIVE) QUESTIONS 1 With regard to the driver, is there a provision for operating a level 4 or level 5 ADS-equipped vehicle (particularly an ADS-dedicated vehicle) without a human driver or manual driver controls? 2 Are there specific visibility requirements (e.g., operator must be able to see through windshield)? 3 Are there specific operator requirements that will restrict the usefulness of ADS- equipped vehicles (e.g., explicit requirement of a human “driver”; emergency requirements that the operator perform specific tasks)? 4 Are there requirements that constrain the operator (e.g., require an awake or alert human operator)?

NCHRP 20-102(07) Interim Report 182 POSSIBLE (NONEXCLUSIVE) QUESTIONS 5 Are there requirements that suggest the operator must be human (e.g., definition of person, fingerprints)? 6 Are there required vehicle features that imply a traditional human operator or that may become outdated with the deployment of ADS-equipped vehicles (e.g., steering wheel and/or brake pedals must be present)? 7 How is the legal responsibility for violations determined (e.g., operator in vehicle at time)? 8 Are there any rules of the road that are situation-specific (sensitive to conditions on the road at a given time) and might be difficult to code for as they require human judgment or situation-specific judgments (e.g., school bus or emergency stops, work zones)? 9 Are there particular requirements that might impede truck platoons? 10 Do protections exist for driver privacy (e.g., others cannot obtain driver’s license number or photo; license plate is not linked to private data)? Note, due to connectivity-related concerns, there may be a privacy risk associated with C/ADS data. 11 What are the terms of criminal sanctions and liability (e.g., leaving children in the vehicle unattended, driving under the influence, etc.)? 12 Under what conditions is there probable cause to investigate a vehicle?