A Look at the Legal Environment for Driverless Vehicles (2016) / Chapter Skim
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Pages 17-29
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From page 17... ...
17 Whether similar echoes follow from the policies adopted toward more recent technologies, such as computers, remains to be seen. What do these principles mean for the legal environment for driverless vehicles?
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18 performance of these limited self-driving features, or autonomous operational modes, or automated operations will contribute data to inform legal policy decisions about vehicles that operate entirely without human drivers. Still, legal and policy issues posed by driverless vehicles operating without human drivers are very different from issues posed by vehicles that have not entirely obviated a human operator.
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19 Level 2 -- Combined Function Automation Level 3 -- Limited Self-Driving Automation Level 4 -- Full Self-Driving Automation [Driverless] It is noteworthy that driverless vehicles occupy the highest level of automation in both systems.186 Under NHTSA categories, currently available vehicle automation technologies are at level 2, and are rapidly moving into level 3, but are not yet close to the driverless top NHTSA automation level 4 -- completely driverless operation.
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20 1. Human-vehicle interface.
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21 vehicle manufacturers.193 Because these sensors function as evaluators of the internal mechanical operations of a vehicle and its parts, the information they generate can have significant legal consequences in terms of causing, diagnosing, or isolating vehicle malfunctions. These internally facing sensors also provide points of access for intruders to insert malicious code that could misdirect or even take control of a driverless vehicle.
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22 Section III.C.2.a discusses the potential application of connected vehicle technologies in driverless vehicles. In addition, beacon technologies, or pavementembedded signals, may be developed to transmit to driverless vehicles information from signs and warnings about potential roadway hazards such as low bridges, tight curves, or lane closures.
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23 remains undetermined which types of vehicle communications will be integrated into driverless vehicles. Driverless vehicles are not technically required to be connected vehicles.
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24 technologies that use closed ad hoc networks from commercial mobile wireless applications. Indeed, the wireless technologies involved are both technically and legally distinct.
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25 substantial objections were raised about the continuing absence of adequate measures to protect both privacy and security as well as to prevent the use of V2V for surveillance. Some of these privacy, security, and surveillance concerns are based on DSRC connected vehicle design features in which unencrypted vehicle operational data (the Basic Safety Message, or BSM)
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26 could remotely take over operational control of the vehicle while it was being driven on a highway.223 In March 2014, the Federal Highway Administration (FHWA) published a Federal Register Notice requesting information about Connected Vehicle Mobility Applications "that leverage the full potential of trusted communications among connected vehicles, travelers, and infrastructure to better inform travelers, enhance current operational practices, and transform surface transportation systems management."224 This research program seeks "applications that synergistically capture and utilize new forms of connected vehicle and mobile device data to improve multimodal surface transportation system performance and enable enhanced performance-based systems management."225 FHWA apparently seeks to leverage connected vehicle data for use in commercial applications, as well as traffic management and safety programs.
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27 ensure safe and comfortable travel."230 Connected vehicle mobility applications access this vehicle data to provide feedback data to the manufacturer of the vehicle. They also offer attractive hacker targets.
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28 is entirely superfluous. In the future, driverless vehicles may be able automatically to attach and detach from vehicle platoons.
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29 Which of these driverless vehicle uses will develop earliest and which applications would provide the most demand for driverless vehicles is difficult to predict. However, it is possible to sort out some of the factors and circumstances likely to encourage use of driverless vehicles, as well as some factors that would tend to discourage use of driverless vehicles.
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