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Global Guide to Autonomous Vehicles 2021

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Global Guide to Autonomous Vehicles 2021 Contents 05 … Executive Summary Germany Turkey 45 … Regulatory overview 86… Regulatory overview Australia 52 … Driverless vehicle testing 87 … Driverless vehicle testing 13 … Regulatory overview and deployment and deployment 16 … Driverless vehicle testing 53 … Liability 89 … Liability and deployment 54 … Data privacy and security 89 … Data privacy and security 16 … Liability 56 … Telecommunications and 5G 91 … Telecommunications and 5G 17 … Data privacy and security 56 … COVID-19 impact 91 … COVID-19 impact 17 … Telecommunications and 5G 18 … COVID-19 impact Hungary United States 58… Regulatory overview 93… Regulatory overview Canada 59 … Liability 119 … Liability and auto insurance 20 … Regulatory overview 59 … Data privacy and security 120 … Data privacy and security 22 … Driverless vehicle testing and deployment 60 … Telecommunications and 5G 122 … Telecommunications and connected infrastructure 25 … Liability 61 … COVID-19 impact 124 … COVID-19 impact 29 … Data privacy and security Poland 31 … Telecommunications and 5G 63… Regulatory overview 32 … COVID-19 impact 64 … Driverless vehicle testing and deployment China 65 … Liability 35 … Regulatory overview 66 … Data privacy and security 37 … Driverless vehicle testing and deployment 69 … Telecommunications and 5G 40 … Liability 70 … COVID-19 impact 40 … Data privacy and security South Korea 41 … Telecommunications and 5G 72… Regulatory overview 76 … Driverless vehicle testing and deployment 79 … Liability 80 … Data privacy and security 81 … Telecommunications and 5G 82 … COVID-19 impact 3 • Global Guide to Autonomous Vehicles 2021 Executive Summary The autonomous vehicle industry has faced the impact of the COVID-19 pandemic alongside the entire world economy. Our collective understanding of transportation, and human interaction more generally, has significantly shifted. However, despite the industry-wide headwinds significant technological and regulatory progress has been made. We are closer than ever to the widespread use of autonomous vehicles. With that said, barriers and questions remain. Drawing on the knowledge and resources of its global, multidisciplinary Autonomous Vehicles practice, and building upon our 2020 Global Guide, Dentons’ “Global Guide to Autonomous Vehicles 2021” dissects the front- burner policy issues, legislative and regulatory changes, new legal precedents and leading global trends shaping the sector. In particular, the guide focuses on the following nine countries whose governments or automotive and technology industries have taken unique approaches to supporting the nascent autonomous vehicles industry: • Australia • Germany • South Korea • Canada • Hungary • Turkey • China • Poland • United States The 2021 Global Guide builds upon previous efforts by adding four new leading countries — Hungary, Poland, South Korea and Turkey. For each country, the report examines five key areas: regulatory landscape; driverless vehicle testing and deployment; liability; data privacy and security; and telecommunications and 5G. Finally, we cover the impact of the COVID-19 pandemic on the global autonomous transportation industry. 5 • Global Guide to Autonomous Vehicles 2021 Lay of the land Australia support the R & D and industrialization of common key technologies of intelligent vehicle infrastructure, as The National Transport Commission (NTC) is continuing well as the construction of major projects of intelligent to work towards creating an end-to-end regulatory transportation and smart city infrastructure. system that will allow for the safe, commercial deployment of automated vehicles in Australia. As Germany part of that effort, the NTC is analyzing options and issues in relation to changing driving laws to support Overall, the German federal government welcomes automated vehicles. Most recently, the Australian further developments in the field of autonomous driving. National Transport Commission updated the Its aim is to strengthen the German economic position in guidelines for trials of automated vehicles. this sector. In its “Strategy for Automated and Connected Driving,” which was formulated in 2015, Germany has Canada set the goal of ensuring that Germany remains the “lead supplier for automated and connected vehicles” In Canada, autonomous vehicles are subject to and becomes the “lead market.” The introduction of regulation at all three levels of government: (i) federal; autonomous vehicles into public road traffic is to be (ii) provincial and territorial; and (iii) municipal. At facilitated in particular, by adapting the legal situation. present, most of the regulatory activity is concentrated The effort to amend the legal structure began in earnest at the federal level; in the provinces of British Columbia, in November 2020 when Federal Minister Andreas Ontario and Quebec; and in a few municipalities. Scheuer presented a draft bill to create a regulatory Overall, the government of Canada remains optimistic scheme for level 4 and level 5 autonomous driving. about the future of autonomous transport while also operating cautiously to ensure its rollout is safe and Hungary widely beneficial. Most recently, the Toronto Transit Commission has teamed up with Metrolinx to pilot It is generally understood that Hungary could be an an autonomous shuttle program, set to run on public early location for AV as it has developed a telecom roads, as early as Spring 2021. network with high quality coverage for most of the country and also has a developed motorway system. China Supporting AI and AV and other groundbreaking technologies and automotive production is at the On February 10, 2020, 11 national ministries including top of the Hungarian Government’s agenda. The the National Development and Reform Commission, Minister of Technology and Innovation introduced the the Ministry of Industry and Information Technology Artificial Intelligence Strategy of Hungary in September etc., collectively promulgated “the Innovative 2020. The strategy envisions the creation of the Development Strategy of Intelligent Vehicle.” The supportive development environment for research strategy proposes that by 2025, the technology and infrastructure required for autonomous driving innovation, industrial ecology, infrastructure, regulations technologies. The policy focuses on finishing the and standards, product supervision and network ZalaZone test track, but also mentions the development security system of China’s standard intelligent of an agricultural test environment for autonomous vehicles will be formed. By 2035, China’s standard agricultural works and the development of smart cities. intelligent vehicle system will be fully completed. To this end, the state will issue policies to promote the development of road traffic automated driving, and 6 • Global Guide to Autonomous Vehicles 2021 Poland Infrastructure’s Action Plan for 2020-2023 plans to complete the establishment of Autonomous Driving In September 2019, the government adopted the Test and Certification Centers where functional “Strategy for Sustainable Development in Transport and operational tests of autonomous vehicles are until 2030” emphasizing the need to strive to performed and certification services are provided. have autonomous vehicles on the roads “in the foreseeable future.” The strategy underlines the need Having said that, the Type Approval Regulation to provide support for the effective functioning and permits the testing of autonomous vehicles by the competitiveness of the domestic automotive market manufacturer companies in accordance with the and the IT market, through setting up the National requirements specified in Annex-2 starting from CAD Contact Point and defining the rules for testing July 6, 2022. and introducing autonomous vehicles for use in a way that ensures safety and social acceptance for such United States technology. The United States does not have a federal regulatory framework currently in place to address autonomous South Korea vehicle testing and deployment. As a result, testing The Autonomous Vehicles Act, effective from May 1, and deployment is regulated by a patchwork of 2020 provides necessary support/infrastructure for state-centric laws. That patchwork is made up of 40 introduction, spread and safe operation of AVs. The act states and DC that have either passed autonomous also aims to regulate necessary requirements in relation vehicle legislation or are operating under executive to AVs. There are two key parts of the act, designation orders. On Monday, January 11th the Department of of autonomous driving safety zones and creation of Transportation released the Automated Vehicles AV Pilot Zones. In December 2020 guidelines were Comprehensive Plan. In part, the plan looks back announced covering ethics, cybersecurity and safety. over what the Department has done in relation to AVs during Elaine Chao’s time as the Secretary of Turkey Transportation. The document also lays out several steps the Department plans to take going forward. Under Turkish law, there is no specific regulation or Additionally, The Department of Transportation and the a competent body to deploy and expand driverless National Highway Traffic Safety Administration issued an vehicle testing. However, the Ministry of Transport and advanced notice of proposed rulemaking requesting 7 • Global Guide to Autonomous Vehicles 2021 comments on a new generation of safety standards for autonomous vehicles. These new efforts will now fall under the jurisdiction of the Biden Administration
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