The European Union wants to pass it, Germany already has it. What are we talking about? A package of legislative measures covering all aspects of autonomous driving, setting a clear framework, and creating legal certainty for developers, manufacturers and operators. Its scope ranges from type approval procedures to regular use on public roads for fully automated vehicles with autonomous driving functions in accordance with SAE Level 4 and without a driver on board.
In many other countries, however, the regulations that should govern the testing and regular commercial operation of driverless vehicle systems are still a long way from becoming reality. This becomes apparent when looking at the US and Asia: while overarching legal frameworks and type approval procedures do not yet exist or are still in the planning stage, a large number of fully automated vehicles with autonomous driving functions are already being trialed on the roads. This is made possible by individual vehicle exemptions or special permits, which are issued according to different criteria in each country or even region.
Road tests with fully automated driving systems
Road tests with fully automated driving systems have been taking place around the world for several years under the auspices of the Vienna Convention and the Geneva Convention on Road Traffic. The basic requirement is a person who is willing and able to take control of the test vehicle. This person may or may not be inside the vehicle. The exact interpretation is a matter of national law — and it varies greatly around the world. While some countries grant vehicle-related exemptions, the US, for example, relies on the principle of manufacturer self-certification. The EU, on the other hand, is working on rules for a harmonized type approval procedure that will apply in all member countries, set uniform safety standards and reduce approval barriers.
"What matters to us most is creating a clear and unambiguous legal framework in various national jurisdictions."Olivier Fontaine, Deputy Technical Director of the OICA
When it comes to drawing up international regulations, the International Organization of Motor Vehicle Manufacturers (OICA), in particular, is committed to harmonizing technical and road traffic rules for fully automated driving. “What matters to us most is creating a clear and unambiguous legal framework in various national jurisdictions,” emphasizes Olivier Fontaine, Deputy Technical Director of the OICA. “However, we see harmonization at UN level as the key to the safe use of fully automated vehicles on roads around the world. Global cooperation in developing regulations for automated driving facilitates the lawful use of automated driving systems.” According to Fontaine, the latest amendments to the Vienna Convention allow for the operation of highly and fully automated vehicles for signatory countries under clear conditions, although those countries do not include the US, China, Japan or Singapore.
United States: green light for fully automated vehicles without a driver
Undeniably, the US is leading the way when it comes to realizing fully automated driving at Level 4 of the SAE classification. “However, there is no statewide legal framework for fully automated vehicles with autonomous driving functions in the US,” confirms Srinivas Gowda, Vice President of Autonomous Driving at US truck manufacturer Navistar. Nor are there any serious legislative proposals currently being considered by the US Congress. “Legislative and regulatory efforts are indeed underway. But to date, deployment approval has mostly been based on manufacturer self-certification,” he says.
Legal requirements for the use of fully automated vehicles vary across states. The most liberal regulations apply in the states of Arizona, Texas, Nevada and Michigan, some of which have allowed driver testing or even regular operation without safety drivers on public roads for several years. “Each state has different guidelines for the application and approval process for special permits for test drives without a driver being physically on board,” explains Daniel Sullivan, Navistar’s Public Policy & Regulatory Manager of Autonomous Technology.
However, existing traffic and motor vehicle laws must always be complied with and certified, and proof of insurance must be provided. When it comes to fully automated driverless vehicles, the owner of the vehicle is generally liable. In some states, manufacturers are required to provide documentation and reports on the type and course of operations carried out or procedures and methods of testing.
China catching up
In an effort to catch up with the US and Europe, Chinese lawmakers have been making major efforts to accelerate the commercialization of autonomous vehicle technologies over the past two years. In the summer of 2021, China amended its Road Traffic Safety Law to enact legislation for testing highly and fully automated vehicles, reports the Chinese Global Times newspaper. It set mandatory standards for smart, connected vehicles and trial management for road tests and demonstrations.
The new legislation, jointly issued by the Chinese Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of Transport, allows qualified companies to test fully automated vehicles with autonomous driving functions on highways and urban roads. The selection and approval of the public road routes in question are made by the relevant authorities and local governments of the administrative districts in accordance with their own regulations. The legislation also governs liability for traffic violations and accidents: fully automated vehicles that are equipped with real-time remote monitoring systems and can record and store driving data for at least 90 seconds before an accident or system failure occurs can apply for the trial licenses. According to the Caixin Global news agency, as things stand today, self-driving test vehicles must always have human safety drivers on board. Under the country’s current traffic rules, they can be held responsible for traffic violations.
To date, the People’s Republic of China has only allowed testing and demonstration, but not regular operation, of highly and fully automated driving systems with autonomous driving functions on public roads. The Dentons Group’s “Global Guide to Autonomous Vehicles 2022” identifies a total of 16 demonstration zones with more than 3,500 kilometers of road. According to the report, 27 Chinese provinces and municipalities have issued regulations for test drives with highly and fully automated driving systems without a driver on board. The “Global Guide” names the Shanghai and Guangzhou rotary intersections as focal points.
Driverless vehicles already in regular use in Singapore
In the Southeast Asian city-state of Singapore, on the other hand, testing and regular operation of highly and fully automated vehicles on both public and private roads have already been permitted since 2017. Since then, more than 40 driverless vehicles have been tested and approved for use on Singapore’s roads, according to Aaron Raj of Techwire Asia. This requires approval from the Land Transport Authority of Singapore (LTA), which may restrict the trial to a specific geographic area, according to international consultancy CMS. Liability insurance is also mandatory.
The owner or operator must report any incident involving a malfunction of the fully automated driving system or an accident resulting in death, personal injury or property damage caused by a fully automated vehicle to the LTA.
Japan sets legal framework in motion
Japan is also making great strides and looks set to become another hotspot for autonomous driving in the near future. On April 19, 2022, the Japanese government passed a bill to amend the Road Traffic Act to establish the legal framework for fully automated driving, including Level 4 unmanned self-driving vehicles. Once approved, this amendment will allow driverless vehicles to operate on selected public roads in selected regions. The focus is on self-driving minibuses that will be used to transport the elderly in sparsely populated rural areas. According to reports from IoT World Today and The Japan Times, the new rules will be implemented within a year — around mid-2023.
Although the legislation will be enforced at central government level, approval procedures for operating permits for fully automated vehicles will be carried out by public safety commissions in each local prefecture. The law requires operators to monitor fully automated vehicles with autonomous driving functions remotely when these are in use. If fully automated vehicles are involved in traffic violations or an accident is not reported, operators are liable and punished according to the severity of the violation.
“At EU level, it may be feasible to produce a limited low volume of fully automated trucks and make them available to selected customers as early as in 2025 and by no later than 2030.”
Erik Dahlberg, Director Technical Affairs at Scania EU Affairs,
Comparing regulations around the world
While the real-world use of fully automated Level 4 driving systems is advancing rapidly outside Europe, there is often a lack of legal basis with binding frameworks that would replace individual exemptions or special regulations across the board and allow driverless vehicles to operate regularly.
“The uncertainty as to whether they can build a Level 4 vehicle and operate it on the routes they need, with or without a driver, is a huge hurdle for both manufacturers and operators of fully automated vehicles,” explains Erik Dahlberg, Director Technical Affairs at Scania EU Affairs. “These obstacles need to be removed from international markets in the mid or long term to make regular commercial operation around the world possible in the first place.”
Since the EU is already much further ahead in terms of legislation and binding regulations for the operation of autonomous vehicles, this could secure European manufacturers’ global leadership in the commercialization of Level 4 vehicles. Dahlberg is confident: “At EU level, it may be feasible to produce a limited low volume of fully automated trucks and make them available to selected customers as early as in 2025 and by no later than 2030.”
