9 August, 2017
Asia-Pacific
Australia
The National Transport Commission (NTC) and Austroads, with the support of all levels of Australian Government, has released Guidelines for Trials of Automated Vehicles in Australia. The NTC is an independent advisory body to advise government on transport reform. Austroads is the peak organisation of Australian transport and traffic agencies.
With the release of the Guidelines and the support of all State Transport Ministers, the path is now clear for genuine trials of autonomous vehicles on Australian roads. This is an exciting step on the path to the mass adoption of autonomous vehicles and an encouraging sign that Australia is keeping up with other developed countries in the adoption of autonomous vehicles.
At its heart any trials will still rely on the ability of each state to exempt the proposed conduct from existing rules. However, by releasing guidelines, NTC and Austroads have legitimised a way forward to enable and facilitate testing to begin in earnest.
Coupled with the decision of ANCAP recently that will require Autonomous Emergency Braking to obtain a 5 star safety rating it is clear that the progressive automation is not only coming, it's safer.
There is an explicit acknowledgement and contemplation in the guidelines that trials will differ and involve different types of automation, location technology and risks. It asks applicants to submit an application that contains and addresses (or explains why it doesn’t need to address) a range of criteria, including key management criteria, a clear safety management plan, suitable insurance and data collection/dissemination.
China
A grand and yet modest ambition – autonomous cars in China
Autonomous cars are now being tested in various cities in China. They are also much discussed in the media following Baidu's high profile announcement of its plan to challenge Google's leading position in the development of autonomous/driverless cars. What is the Chinese government doing to support the development of autonomous cars? What are the legal challenges which it is likely to face, as China puts more emphasis on its laws and regulations?
As with the previous 12th Five Year plan, China's 13th Five Year Plan highlights a number of key technologies for which significant developments are intended to be made, including in driverless cars. The ambition of China however is a modest one.
In the "Mid- to Long Term Development Plan of the Automotive Industry" issued by the Ministry of Industry and Information Technology on 6 April 2017, in respect of autonomous cars, China expects the following:
- By 2020, more than 50% of motor vehicles will be installed with Driver Assistance (DA), Partial Automation (PA) and Conditional Automation (CA);
- By 2025, more than 80% of motor vehicles will be installed with DA, PA or CA; and
- by 2025, cars with High Automation and Full Automation will begin to enter the automotive market.
One of the reasons of the measured pace proposed by the Chinese government is that the current Chinese legal and regulatory system does not address key legal issues arising from autonomous cars, including related traffic offences, liabilities (both criminal and civil), vehicle registration, and sharing of telematics information. There is currently limited national and industry standards on autonomous cars to guide the relevant manufacturers. The Chinese government is now plugging the gap by setting up a new subcommittee under the existing Automotive Standardisation Committee. The new subcommittee, the Connected Smart Automotive Subcommittee, will be responsible for developing national standards on technologies concerning sensors, autonomous assistance, autonomous driving and information services which directly relate to telematics information. Relevant government officials have also made it clear that all relevant laws and regulations will need to be updated as and when autonomous cars become widely available to the general public in China.
Singapore
Singapore investing heavily into developing driverless technology
In the past year, a multitude of initiatives – both private and public – have been launched in Singapore, with the aim to make Singapore a leader in driverless technology. Among them is a recently announced joint venture between nuTonomy, the driverless vehicle developer which launched a test for driverless taxis last September, and French automobile giant Peugeot. In addition, public institutions have become involved: with the Nanyang Technical University and the Land Transport Authority ("LTA") developing a 1.8-hectare test circuit for autonomous vehicles ("AVs") which will simulate the environment of public roads for AVs enhancing the ability of AV technology to adapt to traffic conditions and follow traffic rules. LTA and the land systems engineering branch of ST Engineering have recently agreed to introduce a three-and-a-half year AV trial with the aim of having driverless busses transporting passengers along fixed routes, including the possibility of several driverless pods on the island of Sentosa which can be summoned via a smartphone.
Singapore's Parliament amended the Road Traffic Act ("RTA") in February of this year, setting different standards for AVs. This included allowing for AV trials to be conducted on public roads and exempting AVs, their operators and those in charge of said trials from existing standards of the RTA. The key provision of the RTA that no longer applies to AVs is the one making the human driver of the vehicle responsible for its safe use. In the debates leading up to these changes, public officials were very vocal about the potential AV technology has for Singapore and the potential benefits they offer, such as increasing fuel efficiency and decreasing road accidents. Regulation regarding AVs is still in its infancy as researchers and government assess the role AVs will realistically play in Singapore and where the hazards lie. Nonetheless, given the amount of investment by different groups in various industries to develop the technology, it's likely that AVs will eventually become an important part of the transportation infrastructure.
For further information, please contact:
Michelle Chan, Partner, Bird & Bird
michelle.chan@twobirds.com