Victoria Introduces Bill To Allow Automated Vehicle Testing and Development

Monday 20 November 2017 @ 10.43 a.m. | Crime | Legal Research

Last week, the Victorian Minister for Roads and Road Safety introduced the Road Safety Amendment (Automated Vehicles) Bill 2017 (the Bill) to the Victorian Legislative Assembly. This Bill, presented by Mr Donnellan, proposes to amend the Road Safety Act 1986 with the purpose of creating a permit scheme for the authorisation of “testing and development of automated vehicles on Victorian roads.” Mr Donnellan, in his second reading speech, describes this in the context of “automation to autonomy”:

“The era of automated driving of motor vehicles has already begun. The driving task has become easier with the evolution of driver assistance and driver correction functions, and these functions will continue to improve. […]

But the future is not just driver assistance and driver correction, it is automated and autonomous driving. Innovations are evolving and coalescing into a driverless future, where the vehicle’s driving system is capable of navigating the road network without human input.

This creates great potential for transport system efficiency improvements with better integration, asset utilisation and road space allocation. Autonomy is expected to deliver improved transport and time use choices for many sections of the community and, based on current developments, an improved environment as the vehicles are largely electric with little or no emissions.”

Community Safety

In its current form, the Bill’s described overriding propose is to ensure that in the testing stage of automated cars, the Victorian community remains safe and secure on Viictorian roads. As stated in the second reading speech to the Bill:

“The priority for automated vehicle trials in Victoria is safety—we will not compromise community safety and security. A permit will be required to test these new technologies on our roads. In order to gain a permit, prospective participants will need to satisfy VicRoads that all safety precautions have been taken and an appropriate safety management plan is in place. The bill gives VicRoads wide powers to require tests to be carried out, assessments to be performed and training undertaken before a permit is issued.

Permits will be able to limit the times and highways where trials can operate, as well as any conditions determined by VicRoads. Permits will also be able to require the use of a supervising driver for a trial, in much the same way that learner drivers are supervised.

The bill also gives VicRoads powers to suspend, cancel and vary permits. As it is likely that any error in an automated driving system (ADS) may be present in more than one vehicle in a fleet, these powers are important to ensure the safety of all road users. Regulations will be made setting out more detailed procedural requirements for the granting, refusal, renewal, suspension and cancellation of ADS permits.”

The Bill

The Bill’s main proposed function is the amendment of the Road Safety Act 1986 (the Act), in Part 2 of the Bill. Section 3 of the Bill inserts into the Definitions section of the Act a number of definitions relating to “automated driving system” (ADS), which itself is defined by the Bill as: “technology (comprised of a combination of hardware and software) that is capable of performing the dynamic driving task of a motor vehicle”. Other key definitions in this section of the Bill are (s 3):

“Automated mode, in relation to an automated vehicle, means the mode of operation of the vehicle in which the dynamic driving task is being performed by the automated driving system;

ADS permit means a permit granted under section 33D;

ADS trial means a trial on a highway of the automated driving system of an automated vehicle –

(a)    For the purpose of testing the operation of the vehicle in automated mode; or

(b)   For the purpose of testing the safety with which the automated capabilities of the vehicle may be deployed; or

(c)    For the purpose of assisting the development of the automated capabilities of the vehicle; or

(d)   For any other prescribed purpose;

Vehicle supervisor, in relation to an automated vehicle specified in an ADS permit, means a person named in the application for the permit as a vehicle supervisor for the vehicle;”

Section 4 of the Bill then proposes to make concession for vehicle supervisors as people who are taken to be in charge of a motor vehicle under section 3AA and 3AB of the Act.

The permit system required for the trialling of an ADS is inserted in a new Part 3A of the Act. Inserted by section 6 of the Bill this part provides for an application for ADS permit (s 33C); determination of application (s 33D); ADS permit (s 33E); what an ADS permit authorises (s 33F); conditions of ADS permit (s 33G); cancellation, suspension or variation of ADS permit (s 33H); offences relating to driving, or being in charge of, automated vehicle for which an ADS permit is not in force (s 33I); as well as provisions relating to corporations with regards to ADS.

As such, a person may apply to the Corporation under section 33C of the Bill for an ADS permit in relation to a motor vehicle or 2 or more motor vehicles. This application may be granted or refused by the Corporation under s 33D, pending a number of requirements under s 33D(2) of the Bill. The permit then remains in force for up to 3 years from the date of granting, as per s 33E of the Bill.

“s 33F: An ADS permit authorises, for the period and subject to the conditions specified in it—

  1. the ADS permit holder to drive any automated vehicle specified in the permit for the purpose of conducting an ADS trial on a highway of the automated driving system of the vehicle; and
  2. a person, who is the holder of a full driver licence and who is specified in the permit as a vehicle supervisor for any automated vehicle specified in the permit, to act as a vehicle supervisor for that vehicle; and
  3. the participation of any automated vehicle specified in the permit in an ADS trial on a highway.”

Various offences are also proposed by the Bill in relation to ADS. An offence relating to not holding an ADS permit is created by s 33I, and holds liability not exceeding 100 penalty units. This offence is committed if:

S 33I(1):

  1. The person drives, or is in charge of, an automated vehicle on a highway; and
  2. The vehicle is operating in circumstances that, under the regulations, an ADS permit is required for the operation of the vehicle; and
  3. An ADS permit is not in force for the vehicle.

Another offence proposed to be created in s 33J of the Bill which creates liability for operating an ADS in breach of an ADS permit condition. This offence holds a penalty not exceeding [s 33J(2)] 500 penalty units for a body corporate; or 100 penalty units in any other case.

The Bill additionally proposes to amend the Crimes Act 1958 to allow the definition of “drive” in s 317B(1) of the Crimes Act to be the same as in the Road Safety Act 1986, therefore covering the driving of an ADS with relation to driving related offences in the Crimes Act.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

Sources:

Road Safety Amendment (Automated Vehicles) Bill 2017: Full text, second reading speech and explanatory memorandum as published on Timebase, LawOne.

Road Safety Act 1986: As published on Timebase, LawOne.

Crimes Act 1958: As published on Timebase, LawOne.

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