Technology

Autonomous driving in Australia is already here… sort of. But it should arrive in full by 2027.Most new cars offer some form of self-driving functionality, such as lane keep assist or adaptive cruise control.Tesla unveiled its 'Full Self-Driving (Supervised)' system late last year.Supervised is the key word because autonomous driving is not legal in Australia.According to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts, automated vehicles (AVs) can only operate in Australia under state or territory trial frameworks. There are currently no large-scale trials on Australian roads. Maybe not large-scale, but there are trials.A driverless bus taking passengers to and from the Darwin Waterfront was tried in 2017 and deemed "successful".There are also automated trucks working on mine sites in the north-west of Western Australia. So what is it going to take to see autonomous driving cars on our roads?Whose laws matter?Our driving laws are generally state-based. Your speeding fines go to the state you are in, not the Federal Government.Consequently, some inconsistencies exist between various state driving rules, notably fine amounts.Mostly though, driving laws are formed on the same basis: the Australian Road Rules.These are updated every couple of years, so in theory AVs rules could be slipped in, right? That is the plan according to Executive Leader, Regulatory Reform and Emerging Technologies at the National Transport Commission (NTC) Aaron de Rozario. The NTC has been commissioned to put together a regulatory system before we have AVs on the road.“We’ve got all the Australian governments involved in the process of deciding ‘yes, these are the road rules that apply to an automated driving scenario’,” de Rozario said. The NTC puts together these road rules and all transport ministers will vote on whether to approve, before implementing into respective state laws.A key proposal currently put forward from the NTC is to have a ‘Commonwealth in-service regulator’.The regular will aim to fuse federal and state responsibility on AVs.One of its main tasks will be due diligence on new AV technologies coming into Australia to determine whether safe operation can be demonstrated. Once AV technologies enter Australia, the regulator will investigate issues and complaints about programming and incidents concerning AVs. Who is responsible? AVs on Australian roads raise issues with the establishment of causation of accidents. The NTC will target clear distinctions on responsibility between drivers/passengers and the automated driving system. Some of those distinctions are simply resolved such as wearing a seatbelt. That responsibility rests with those travelling in the car. The complexity is apparent when considering post-accident liability. How to overcome these issues remains murky, with hard-and-fast solutions still some way off.“There is a bit of work determining what happens if there is a motor vehicle accident,” de Rozario said.“Drivers have certain legal responsibilities to take action and we need to work out what happens in the case of an automated vehicle and whether there are any responsibilities for passengers.”One solution being proposed is to clearly specify where and on which roads certain types of AVs can be used safely, and legally.Something that has been made clear is companies will not be able to escape responsibility for their AVs.Providers of automated driving systems will have to have a registered corporate presence in Australia.“We’re deliberately setting this up so there isn’t a ‘Sorry I’m overseas. I don’t need to comply with your law’.”This mandate facilitates the full application of the national corporations legislation onto directors of AV companies, giving authorities powers to enforce findings and decisions.It would include enforcement of duty of care and diligence principles, including criminal punishment for dishonest and reckless conduct. At this stage, AV conversations remain in a preliminary phase, with the ATC targeting 2027 for a system framework.Tesla’s latest technology represents a window into the future of AVs. But you should not expect to see someone reading a newspaper as their personally-owned car drives them to work in the morning anytime soon.The government says the framework "will enable conditional deployment of automated vehicles in select locations".Automated taxi systems remain the most likely to come to Australia first. “From what we see overseas, the two areas which are likely to be the first movers would be the robo-taxi model or an urban taxi rideshare service,” de Rozario said.“The other one that keeps coming up is freight and that could be parcel delivery type services.”

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