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The Australian government is seeking input from the public as it works on legislation to set safety and accountability standards for self-driving vehicles and their operators.
The consultation period, which ends on 11 June 2024, builds on the Government’s previous work and looks at how some of what was previously agreed will fit into the new Commonwealth legislation.
It comes as the government prepares for the possibility of some automated vehicles entering the Australian market from 2026.
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It considers a vehicle with an automated driving system (ADS) to be something that is “capable of driving – that is, performing the entire dynamic driving task – on a sustained basis without human intervention … for all or part of the journey.”
This means Level 3, 4 and 5 autonomous vehicles that offer different levels of hands-free driving capability.
The government has determined that new, consistent laws are needed to manage the safety of automated vehicles, as existing laws only apply to drivers.
As such, the regulatory framework will introduce the new Automated Vehicle Safety Act (AVSL), which will place responsibility for the safety of an automated driving system on a corporation rather than the human driver.
The government found that the corporation, to be known as the Automated Driving System Entity (ADSE), would need to have the “right skills, capacity and capability” to manage and maintain the automated driving system over its operational life.
ADSE will also be responsible for the safety of automated vehicles around all road users, including pedestrians and cyclists.
The new legislation will be supported by existing legislation such as the Road Vehicle Standards Act 2018 and further changes to state and territory legislation.
The resulting framework will include ensuring that the automated vehicle is safe when it is first delivered to Australia, ensuring that the ADSE has the right skills and capabilities to take responsibility for the safety of the ADS, and maintaining the safety of the ADS when it operates on the road through clear safety obligations.
It will also clarify responsibilities for those who use and interact with an automated vehicle.
The framework consultation will consider whether further measures are needed to manage the impact of workshops, maintainers and modifiers on ADS safety, as well as ways to promote user understanding of the vehicle’s automated capabilities.
It also looks at the obligations for ADS users under state and territory laws and whether measures are needed to control the risk of automated vehicle deployments before the framework is in place.
Following the consultation, the Australian Government will analyze the information gathered to inform the design of the regulatory framework that incorporates the AVSL.
To submit your contribution, visit the National Transportation Commission website. Alternatively, email automatedvehicles@ntc.gov.au.
The information document for the public consultation is available here.
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