The FCAI welcomes the opportunity to respond to the NTC’s discussion paper on “On-road enforcement for automated vehicles” in Australia. This response builds on our previous submissions. The points below summarise our views which are further expanded on in the document linked below.
• Complex Automated vehicles (AV) technologies are often developed across numerous locations according to global standards and typically AV products will be initially deployed to markets that align to these global regulations. On-road enforcement will also need to consider how this technology is being globally developed and will need to principally align to these principles. Unique requirements for individual markets are not helpful and should be avoided should Australia wish to adopt the benefits that AVs will offer Australian society. Australia needs to develop laws and regulations that are largely harmonised internationally and therefore needs to remain flexible in how we prepare for and implement our approach to avoid the risk of any inconsistencies impeding the introduction of AVs in Australia.
• For global automotive manufacturers to make AVs available for Australia’s small (by world standards) population they need: o Clarity of the laws and regulations that will apply,
o Consistency of laws regulations across Australia as well as with those being developed internationally,
o Certainty of regulation and the legal environment surrounding their introduction and deployment.
• FCAI recommends that the In-Service Safety Regulator needs to develop a “No fault – crash investigation” capability to support State and Territory crash investigators.
• New processes will need to be adopted to institute road rule changes in a nationally consistent manner that considers a public consultation process that appropriately considers the cost benefit analysis. Of course, where changes are required, appropriate timeframes to implement hardware and software changes and cost allocations should be determined. Should rule changes be implemented that render an ADS inoperable, indemnification of the supplier will need to be applied.
• A new State and Territory policing philosophy will need to apply where ADS vehicles contravene road rules. The focus should not be punitive, it needs to be focused on the primary causal factors. This will require a complete rethink of the way local jurisdiction policing is undertaken.
• FCAI acknowledges that AV development is still underway. Therefore, whilst standards are being developed through international processes such as the UN working Party 29, it is difficult to contemplate specific law enforcement requirements in Australia and the associated legal changes required until these are finalised.
• FCAI recommends that as the AV standards are developed the NTC consider proposing an ongoing collaborative process between law enforcement and registration authorities with vehicle manufacturers / importers and other potential ADSEs. As the regulations are developed then the collaborative approach might assist with what laws are specifically required going forward.