Road Safety Amendment (Automated Vehicles) Bill2017
Introduction Print
EXPLANATORY MEMORANDUM
581409
BILL LA INTRODUCTION 14/11/2017
General
The Road Safety Amendment (Automated Vehicles) Bill 2017 establishes a permit scheme to authorise trials of automated vehicles on Victorian roads (ADS permit).
The main purposes of the Bill are to—
· authorise testing and development (trials) of automated vehicles on Victorian roads; and
· implement the Government's commitment to support trials ofautomated vehicles at any level of automation as agreed atthe meeting of the Transport Infrastructure Council in November 2016.
The Road Safety Amendment (Automated Vehicles) Bill 2017 introduces a regulatory framework to support and monitor trials of automated vehicles on Victorian roads which preserves the safety of all road users.
The proposed ADS permit scheme to enable automated driving for testing and development purposes will be reviewed once the National Transport Commission's (NTC) legislative reform options for broader deployment of automated vehicles have been developed. This proposal will serve as a pilotof a legislative model that will support and inform the work undertaken by the NTC and will enable a seamless transition to the deployment of automated vehicles and the implementation of the proposed national model legislation.
The Bill will—
· establish a performance-based permit scheme to enable VicRoads to authorise trials of automated driving systems (ADS) on Victorian roads where the legal entity responsible forthe ADS has demonstrated that it has the appropriate safety management mechanisms in place; and
· clarify that the legal obligations in the Road Safety Act 1986 and the Crimes Act 1958 that currently apply to a human driver will apply to the ADS permit holder while the vehicle isoperating in automated mode; and
· remove any unnecessary regulatory barriers for trials and give legal certainty for trials so that insurance cover is available in the event of an accident or injury; and
· enable Victoria to adopt the NTC's Guidelines for Trials of Automated Vehicles in Australia (ADS Guidelines); and
· ensure the ongoing application of the Road Safety Act 1986, and the regulations and road rules made under it, so that police can prosecute traffic offences and non-compliance with ADS permit conditions.
Overview of the Bill
The following sections provide an overview of the content of the Bill.
ADS permit scheme
The Bill establishes a permit scheme to authorise trials of automated driving systems in motor vehicles based on the permit scheme for human learner drivers under the Road Safety Act 1986, whereby the learner driver, in this case an ADS, is learning to drive on the road. The proposal will enable legal responsibilities under the Act, regulations and road rules to be imposed on the legal entity responsible for the trial (ADS permit holder) and recognise any human person supervising the trial (whether inside or outside the vehicle) as the vehicle supervisor whilst the ADS is engaged. This will move the current legal burden for any failure of the ADS from the vehicle supervisor (resulting in loss of licence and legal liability) to the legal entity responsible for the trial of the ADS.
The ADS permit, and in particular, conditions placed on the ADS permit, will provide appropriate oversight and management of safety risks.
Applicants for an ADS permit will be required to provide details of the trialand develop a safety management plan that complies with the ADS Guidelines. This safety management system approach is a co-regulatory, risk-based framework to identifying and managing safety risks.
The ADS permit scheme established by the Bill will achieve the following outcomes—
· clarify that legal obligations that apply to a human driver also apply to an ADS permit holder to enable the identification of "drivers" for the purposes of law enforcement and accident investigation; and
· enable the existing offences under the Act, regulations and the road rules to apply to ensure the safety of the trial for all road users; and
· enable police to prosecute for non-compliance with conditions of an ADS permit; and
· require applicants for testing and development of ADS on Victorian roads at levels 3, 4 and 5 of the SAE International Standard J3016 to make an application to VicRoads for approval. Level 3 is "conditional driving automation" where the ADS drives the vehicle for sustained periods of time in certain circumstances, with the expectation that the human driver is receptive to requests to intervene, as well as to systemfailures, and will respond appropriately. Level 4 is "high driving automation" where the ADS drives the vehicle for sustained periods of time in some situations, without any expectation that a human driver will respond to a request to intervene when the ADS is driving the vehicle. Level 5 is "fulldriving automation" where all aspects of the driving task and monitoring of the driving environment and the dynamic driving task are to be undertaken by the ADS; and
· enable regulations to be made to set out criteria to be met to obtain an ADS permit to conduct a trial; and
· enable VicRoads to require the applicant to comply with prescribed procedures or requirements; and
· enable VicRoads to require the applicant and any proposed vehicle supervisor to pass any tests or assessments or undergo training; and
· enable VicRoads to conduct tests or assessments on the ADS, and the automated vehicle specified in the application, to determine if it may be safely operated on a highway; and
· enable VicRoads to impose conditions in an ADS permit including limiting the trial to specified areas, dates and times; and
· enable the Minister to issue guidelines about trials, testing, assessment or safety assurance of, and enforcement in relation to, automated vehicles; and
· enable VicRoads to cancel, suspend or vary an ADS permit; and
· enable regulations to be made in relations to ADS permits and the charging of fees.
Clause Notes
Part 1—Preliminary
Clause 1 sets out the main purpose of the Bill, which is to establish a regime for the trialling of automated vehicles on highways.
Clause 2 provides for the commencement of the Act which is the day after the day on which it receives the Royal Assent.
Part 2—Amendment of Road Safety Act 1986
Clause 3 provides for the new definitions to be added to the definitions section of the Road Safety Act 1986 being ADS guidelines, ADS permit, ADS permit holder, ADS trial, automated driving system, automated mode, automated vehicle, dynamic driving task and vehicle supervisor.
Clause 4 amends section 3AA of the Road Safety Act 1986 which defines what is meant by a person being in charge of a motor vehicle. The clause will deem any person who is assigned by the ADS permit holder as a vehicle supervisor of an automated vehicle for which an ADS permit is in force to be in charge of the vehicle when it is operating in automated mode. New paragraph (ba) will have the effect that all legal responsibilities currently placed on persons "in charge of a motor vehicle" under the Road Safety Act 1986 will also apply to any vehicle supervisor in the circumstances set out in the paragraph.
Accordingly, offences in the Road Safety Act 1986 that relate topersons in charge of a motor vehicle, rather than the driver
of a vehicle, will apply to the vehicle supervisor, for example drink-driving and drug-driving offences.
Clause 5 amends section 3AB of the Road Safety Act 1986 which defineswhat is meant by a person driving a motor vehicle. Mostvehicular offences in the Act, regulations and the road rulesare "driving" offences, and this provision clarifies when the ADSpermit holder or the vehicle supervisor are responsible for the driving of the motor vehicle and are subject to the existing legal regime applied to the driving of motor vehicles.
New subsection (2)(a) provides that the ADS permit holder is driving the vehicle when the vehicle is operating in automated mode, whether or not a vehicle supervisor has been assigned to the vehicle.
Accordingly, the duties of a driver under the Road Safety Act1986 will also apply to the ADS permit holder in the circumstances set out in new subsection (2)(a). As a consequence, duties will be imposed on the ADS permit holder to—
· drive in a safe manner having regard to all the relevant factors under section 17A of the Road Safety Act 1986; and
· if an accident occurs, report particulars of the accident as soon as possible to a police officer present at the accident or at a police station as required under section61 of the Road Safety Act 1986.
New subsection (2)(b) clarifies that the assigned vehicle supervisor will be deemed to be the driver when the vehicle is notoperating in automated mode.
New subsection (3) clarifies that where there is no ADS permit inforce then the person sitting in the driver seat of a vehicle or controlling the dynamic driving task of the vehicle is deemed to be the driver even if the vehicle is operating in automated mode.
Clause 6 inserts a new Part 3A into the Road Safety Act 1986 dedicated to automated vehicles. Below is a summary of the new sections proposed in new Part 3A.
Section 33C(1) enables a person to apply for an ADS permit.
Subsection (2) sets out the requirements for the ADS permit application.
Subsection (3) establishes broad powers for VicRoads to require the applicant and any vehicle supervisor to pass or undergo tests, assessments or training. Subject to the passage of this Bill, regulations will be made setting out more detailed procedural requirements for the ADS permit application.
Section 33D sets out the criteria for granting or refusing to grant an ADS permit to the applicant.
Section 33E sets out the period of the ADS permit and that the ADS permit may be renewed or cancelled in accordance with the regulations.
Subsection (3) provides that the ADS permit holder must ensure that the ADS permit is located within the automated vehicle or be in the possession of any vehicle supervisor in the vehicle during the trial. A contravention of this requirement is an offence.
Section 33F specifies that the ADS permit holder is authorised to conduct a trial of any automated vehicle specified in the permit and that any vehicle supervisor specified in the ADS permit is authorised to act as a vehicle supervisor for the vehicle.
Section 33G provides for the ability of VicRoads to subject any ADS permit to any conditions it sees fit. A non-exhaustive list ofdiscretionary conditions is set out in the section. Subject to thepassage of this Bill, regulations will be made to enable VicRoads, by way of an ADS permit condition, to exempt ADSpermit holders, vehicle supervisors or automated vehicles from, or modify the application to ADS permit holders, vehicle supervisors or automated vehicles of, provisions of the Act, regulations or road rules that otherwise would apply to them, forthe period of a trial.
Section 33H provides that VicRoads may—
· cancel or suspend an ADS permit in accordance with the regulations; or
· vary an ADS permit to exclude or include an automated vehicle or vehicle supervisor or vary the conditions of an ADS permit in accordance with the regulations.
Section 33H also provides that VicRoads may act as set out above on the basis of a report given by a law enforcement agency.
Section 33I creates a new offence of a person driving or being in charge of an automated vehicle on a highway, in circumstances that (under the regulations) an ADS permit is required, without a valid ADS permit being in force. The penalty is a maximum fine of 100 penalty units.
A further offence is created for a person who causes another person to drive or be in charge of, or engages in conduct that aids, facilitates or contributes in any way to another person driving or being in charge of, an automated vehicle on a highway, in circumstances that (under the regulations) an ADS permit is required, without a valid ADS permit being in force. The penalty is a maximum fine of 500 penalty units for a body corporate or 100 penalty units in any other case.
Section 33J creates a new offence of a person driving or being incharge of an automated vehicle on a highway in breach of a condition of a valid ADS permit in force for the vehicle. Thepenalty is a maximum fine of 500 penalty units for a body corporate or 100 penalty units in any other case.
Section 33K provides a power for VicRoads to conduct any teston, or make any assessment of, an automated vehicle that is specified in an ADS permit, or in an application for an ADS permit, to determine if it may be operated safely on a highway.
Section 33L provides a power for VicRoads to create and maintain a record of all persons who drive or are in charge of an automated vehicle. Section 33L also provides a power to make regulations to provide for what information may be recorded.
Section 33M gives a power to the Minister to issue guidelines published in the Government Gazette about trials, testing, assessment or safety assurance of, or enforcement in relation to, automated vehicles. Section 33M also enables the Minister to incorporate any document, code, guidelines, rule, specification, standard or method issued by any authority, person or body into the guidelines to be issued.