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From page 29...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 29 Prioritization and Harmonization Analysis 6.1 Overview A prioritization and harmonization analysis was conducted to 1)
From page 30...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 30 When assessing law and regulation change, the closer a legislative and regulatory approach comes to the theoretical center where technology, stakeholders, and current laws, regulations, and policies meet, the more likely that change is to meet public policy objectives, avoid or withstand external challenges, and meet the needs of a complex, evolving technology.
From page 31...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 31 political entities can reduce complexity for manufacturing and product development, potentially reducing costs to industry and consumers alike.
From page 32...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 32 Harmonization can reduce complexity by aligning a disparate set of rules or regulations.
From page 33...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 33 potential risk of downward harmonization, however, toward simply achieving the lowest common denominator, is likely to produce a regulatory regime that serves industry's, rather than the traveling public's, interests.
From page 34...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 34 Compact, and 45 of 50 (90%)
From page 35...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 35 Guidelines Lastly, states should consider the use of less prescriptive and more flexible guidelines at the state level.
From page 36...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 36 "allowing NHTSA alone to regulate the safety design and performance aspects of ADS technology will help avoid conflicting federal and state laws and regulations that could impede deployment" (2017, p.18)
From page 37...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 37 Lyft, but without drivers.
From page 38...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 38 Innovative New Vehicle Designs Associated with Automated Driving Systems -- which is considering these definitional issues as well as issues associated with vehicle requirements.
From page 39...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 39 Consumer C/ADS application(s)
From page 40...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 40 Harmonization Reasoning Truck Platooning Driving Automation System-Equipped CMVs Truck platooning is in need of short-term harmonization to amend state MVCs to remove unintentional barriers to deployment of platooning level 1 or level 2 driving automation system-equipped CMVs.
From page 41...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 41  Prioritization Recommendation: If truck platoons are to be encouraged on a state's highways, modification of following distance requirements will likely be necessary, particularly in states that impose prescriptive following distances.
From page 42...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 42 currently has varying title brands and inconsistent definitions for brands.
From page 43...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 43 and their systems will be at risk for unauthorized access, hijacking, and theft, putting PII at risk for unauthorized access and use.
From page 44...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 44  Prioritization Recommendation: States should review all statutes that related to driver attentiveness and inattentive driving and consider modifications to these anti-distraction provisions depending on the level of driving automation system deployed.
From page 45...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 45 Prioritization Reasoning Local controls over roadways, with regard to both who can operate on them and the rules of the road, is an area that is likely to require the examination of local restrictions statutes.
From page 46...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 46 modifications of vehicles are regulated.
From page 47...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 47  Prioritization Recommendation: Clarify the meaning of laws that prohibit unattended vehicles, especially for level 4–5 C/ADS-equipped vehicles, including A-MaaS fleet vehicles.
From page 48...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 48 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 49...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 49 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 50...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 50 have addressed the underlying fundamental definitions of "drive," "driver," "operate," and "operator," making a review of these types of provisions less daunting.
From page 51...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 51  Prioritization Recommendation: Determine who can operate C/ADSs at different SAE J3016 levels of automation and adjust the law for driver licensing requirements.
From page 52...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 52  Prioritization Recommendation: Consider when a "reasonable articulable suspicion" of alcohol or drug use is appropriate in settings where the ADS is engaged in a level 3–5 C/ADS-equipped vehicle.
From page 53...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 53 Mid-Term Recommendation 4: Motor Vehicle Liability Prioritization Reasoning Some crashes, incidents, and harms will be the result not of human driver error, but rather flaws in the engaged ADS when it is in control of the vehicle.
From page 54...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 54 It seems likely that C/ADS programmers can match and exceed good human judgment in most cases, but in other, more complex settings (e.g., "traveling upon any narrow or winding roadway, and when special hazards exist")
From page 55...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 55 Mid-Term Recommendation 7: Unfair Criminal and Civil Sanctions on Users Prioritization Reasoning Drivers can be charged with criminal acts for violating certain traffic laws, but in the case of level 4–5 C/ADS-equipped vehicles, some of these criminal charges are less straightforward.
From page 56...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 56  Prioritization Recommendation: Modify rendering aid statutes for level 4–5 C/ADS-equipped vehicles to address the fact that a human driver may not be present in the vehicle.
From page 57...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 57 Harmonization Recommended: Yes.
From page 58...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 58 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 59...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 59 RECOMMENDATION HARMONIZATION RECOMMENDED?
From page 60...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 60 Long-Term Recommendation 2: Consumer Protection (i.e., Lemon Laws)
From page 61...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 61 Long-Term Prioritization and Harmonization Modification Recommendation Summary In summary, the following state motor vehicle code provisions are suggested for modifications in the long-term (Table 8)
From page 62...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 62 related issues and appropriate state MVC changes.
From page 63...
... NCHRP Web-Only Document 253, Vol. 5: Developing the Autonomous Vehicle Action Plan 63 Despite these issues, enough states are now moving ahead to provide good law and regulation examples to consider.

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