Consultation Open On Automated Vehicle Legislation

The Department of Infrastructure, Transport, Regional Development, Communication and the Arts (DITRDCA) and the National Transport Commission (NTC) are consulting on a new regulatory framework that will support the safe use of automated vehicles on Australian roads.

The proposed framework, which has been developed over several years by the NTC together with state, territory and federal governments, is being advanced to establish appropriate, safety-focused regulatory arrangements for the safe use of automated vehicles on Australian roads.

While automated vehicles for general use on public roads are not yet available (there have been some trials on public roads, and private roads such as mine sites), some forecasters predict they could enter the Australian market from as early as 2026.

Automated vehicles feature hardware and software that can drive the vehicle without requiring a human driver for control or supervision. They are different from vehicles that include driver assistance features such as adaptive cruise control and lane-keeping assistance, which are available now.

In preparation, the DITRDCA’s and the NTC’s consultation paper proposes that a key part of the regulatory framework will be a new Commonwealth law that will eventually apply to all vehicle types, including heavy vehicles.

It says this new Automated Vehicle Safety Law will place the responsibility for the safety of an automated driving system on a corporation and not the human driver.

This corporation – which will be known as the Automated Driving System Entity – will need to have “the right skills, capacity and capabilities to look after the automated driving system over its operational lifetime”, the paper states.

Crucially, this entity will be responsible for the safe operation of each automated driving system to ensure the safety of all people who use public roads, not just the people who may use automated vehicles, it adds.

Additionally, the paper explains the new Automated Vehicle Safety Law will be supported by complementary changes to state and territory legislation and to existing Commonwealth legislation such as the Road Vehicle Standards Act.

Together, these laws will form the end-to-end regulatory framework that ensures:

•  An automated vehicle is safe when it is first supplied in Australia, including that it meets any relevant technical standards for an automated driving system.
• There is a corporation (the Automated Driving System Entity) with the right skills and capabilities to take responsibility for the safety of the automated driving system for its on-road life.
• The automated driving system is safe when it is operating on the road by placing clear safety duties and other obligations on the Automated Driving System Entity.
• People that use and interact with an automated vehicle understand what their roles and responsibilities are.

Interested members are encouraged to read this summary document from the NTC, which outlines the current state of the reform work, and the current consultation.

HVIA is conducting a limited number of targeted discussions with members to understand views on automated vehicles but welcomes all interested members to provide comments and feedback, up to Friday, June 7. Contact HVIA Chief Technical Officer Adam Ritzinger at a.ritzinger@hvia.asn.au for further information.

Additionally, HVIA has also invited a representative from the NTC to outline the planned regulatory changes, and specific impacts on the heavy vehicle industry, at the upcoming HVIA Online Member Forum on Thursday, May 30. Members interested in joining that meeting can register here.