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The Robots Are Coming: How Cities Can Plan for Autonomous Vehicles

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The Robots Are Coming: How Cities Can Plan for Autonomous Vehicles Legal The Robots Are Coming: How Cities Can Plan for Autonomous Vehicles Crista M. Cuccaro, Assistant City Attorney, Durham, North Carolina Imagine this: you need to get to the autonomous by 2029.5 And the public is Google began testing its self-driving airport and catch your flight to the probably right. cars and by end of 2018, the company upcoming IMLA Conference. Instead of had logged more than two million miles paying exorbitant airport parking fees, you Currently, automotive and tech companies of autonomous driving.11 In December hail a ride through an app on your phone. are in an expensive race to the top. In 2018, Waymo, owned by the same parent 2016, GM spent $581 million to acquire After a short wait, a ride share vehicle 6 company that owns Google, launched pulls up to the curb. The trunk opens and AV start-up, Cruise Automation. Next an “autonomous” ride-hailing service in you load your luggage. When you climb year, GM will likely release a fleet of Chandler, Arizona; however, that service into the back seat, you’re alone in the car. electric AVs with its affiliate, Lyft, in is yet to be fully autonomous, in part which GM purchased a share for $500 No one is driving; instead, the ride share is 7 because tests have revealed that self- an autonomous vehicle (AV). million. Honda has committed $2.75 driving technology still has significant billion as part of an exclusive agreement shortcomings.12 Apprehensive about this scenario? You’re with GM to develop and produce a new not alone. According to a recent Reuters kind of AV.8 Ford has partnered with During the past several years, minor and poll, half of adults in the United States Argo AI and plans to introduce Level 4 major incidents have shaken industry and think AVs1 are more dangerous than AVs vehicles in 2021 as part of a ride- public confidence in automated driving cars operated by people.2 A majority of hailing service.9 Last year, Volvo and systems. In February 2016, a Google Americans also believe that self-driving Uber entered into a $300 million joint research car “made contact” with a public cars should be held to higher safety venture with the goal of having its fully bus.13 The car and test driver predicted standards than traditional vehicles.3 The autonomous vehicle on the road in 2021.10 that the bus would yield as the Google Reuters poll may underestimate public vehicle attempted to merge into traffic, unease. A 2019 AAA survey found that Other companies have plans underway but it didn’t.14 Following the crash, Google nearly 75% of Americans are afraid to to create fully autonomous vehicles, updated its software to “more deeply ride in fully autonomous cars.4 Despite including freight trucks, within the next understand that buses and other large this, the majority of the public also five years. Some of these firms have tested vehicles are less likely to yield” to its cars believes that most vehicles will be fully their AVs on public roadways. In 2009, than other types of vehicles.15 ▶p.22 The Municipality | February 2020 21 Legal Later in 2016, the driver of a Tesla Model more. Nevada was the first state to Illinois’ General Assembly. In 2018, the S died in an accident while the Autopilot authorize the AV operation.27 Florida state passed a law prohibiting localities was activated.16 According to Tesla, the and Arizona were also at the forefront from banning AVs. Not all opposition vehicle’s camera couldn’t detect a trailer as in AV testing. In 2012, Florida passed occurs within City Hall: in Chandler, an obstacle because of the trailer’s “white a bill allowing AV testing after meeting Arizona, where Waymo has been testing color against a brightly lit sky” and its “high certain requirements including proof of its vehicles, the company’s driverless test ride height,” and the car’s radar classified it insurance.28 In 2015, Arizona’s Governor vehicles have weathered nearly two dozen as an overhead road sign.17 And in March signed an Executive Order enabling pilot attacks from irate locals over the past two 2018, a Volvo SUV owned by Uber and programs.29 More cautious states have years, including tire slashings and being outfitted with Uber’s self-driving system adopted laws restricting AV testing to pelted by rocks.39 struck and killed a pedestrian.18 platooning (electronically pairing two or more vehicles to allow smaller distances This patchwork approach has spurred The number of incidents involving between them), although some of these industry advocates to call for federal AVs pales in comparison to the tens of have later loosened the restrictions.30 regulation of AVs. Volvo Cars President thousands of Americans who die every Currently, the District of Columbia Håkan Samuelsson argued that the year in accidents involving traditional United States risks losing its leading 19 and the following states allow AVs vehicles. The National Highway Traffic on public roadways31 in testing with a global position in the development of Safety Administration (NHTSA) projects driver, without a driver, or in a platoon: self-driving cars if federal legislation is that 36,570 people died last year in not passed.40 The next section explains the 20 Arkansas, Arizona, California, Colorado, traffic fatalities in the United States. Connecticut, Florida, Georgia, Illinois, current status of federal guidance on AVs. Remarkably, an estimated 90 percent of Indiana, Iowa, Louisiana, Massachusetts, motor vehicle crashes are caused at least in B. Federal Regulation of AVs: Tapping the 21 Michigan, Minnesota, Nebraska, Nevada, Brakes part by human error. While juxtaposing New York, North Carolina, Ohio, Oregon, human drivers and AVs may not be a Despite the industry’s urging, the federal 22 Pennsylvania, South Carolina, Tennessee, fair comparison, advocates insist that Texas, Utah, Vermont, Virginia, government has left regulation of AVs to AVs will make roadways much safer. Washington, Wisconsin, and Wyoming.32 the states – for now. This failure is not Regardless of the specifics, the arrival of for lack of trying. In 2017, The Safely AVs is imminent, as is cities’ need to plan State-level regulation of AVs does not Ensuring Lives Future Deployment for and regulate them.23 necessarily confer municipal authority to do and Research In Vehicle Evolution so. As cities know all too well, some states This article explains the current legal Act, also known by its clever acronym preempt local authority over emerging 41 framework for AV regulation in Part I SELF DRIVE, was introduced in the businesses and technologies.33 One House. The Act would have preempted and the policy implications for cities to jurisdiction that has not been preempted is consider in Part II.24 states from enacting laws regarding the Boston, which created a graduated system design, construction, or performance of I. The Legal Framework of AV testing.34 In the first phase, Boston’s AVs unless such laws were identical to model allows AV companies to test only federal standards. In its report, the House The United States ranks highly in the in a limited geographical area during Committee on Energy and Commerce technology and innovation needed to 35 good weather and daylight hours. Once highlighted the need for uniformity support AVs, but lags in policy and a company reaches certain milestones, by pointing out conflicts between legislation and infrastructure.25 These permission is expanded to allow testing proposed laws in North Carolina and latter two pillars of the AV Readiness in other areas of the city, at night and New York.42 The SELF DRIVE Act Index are squarely within the realm of 36 during inclement weather. Additionally, passed the House in September 2017. federal, state, and local governments. Boston requires companies to enter A companion bill was introduced in the This section explores state and federal into a Memorandum of Understanding, Senate, with an equally clever acronym regulation of AVs to date. covering issues such as accident reporting, of AV START Act, standing for the A. State Regulation of AVs: A Mixed Bag minimum safety standards, and, of course, American Vision for Safer Transportation indemnification.37 through Advancement of Revolutionary As would be expected, states have varied Not all cities have been as friendly to Technologies Act. However, the AV approaches to regulating AVs. Broadly, START Act never made it to the floor of state legislation covers: vehicle testing,26 AVs as Boston, however. Chicago’s Board of Aldermen stalled a proposal to allow the Senate in part because of objections infrastructure requirements, licensing from several key senators.43 and registration, operation on public AVs in the city, citing concerns about 38 roads, task forces, operator requirements, cybersecurity and loss of jobs. This Congress has renewed its efforts to privacy of collected vehicle data, and local resistance did not evade the eye of regulate AVs and in August 2019, a ▶p.23 22 The Municipality | February 2020 Legal new version of the AV START Act agency released Preparing for the Future II. Policy Considerations was circulated for comments from of Transportation: Automated Vehicles While safety occupies a significant portion stakeholders. The current legislation 3.0, which builds upon – but does not of the discussions about AVs, many more preempts local regulation of AVs, creates replace – the voluntary guidance provided issues arise for cities: traffic impacts, a Highly Automated Vehicles Advisory in the earlier version. The current 80-page shifts in the workforce, effects on transit Council, directs the Comptroller General document provides best practices for systems, privacy and data concerns, land to evaluate the feasibility of removing states for the training and licensing of use modifications, infrastructure support, personally identifiable information from test drivers.
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