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Global Driverless Vehicle Survey 2018 2 Global Driverless 2018 Vehicle Survey Disclaimer Baker & McKenzie International is a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. The information in this material is only a general overview of several jurisdictions. It is not offered as advice on any particular matter and should not be taken as such. The Firm and the contributing authors expressly disclaim any and all liability to any person regarding the consequences of anything done or omitted, to be done wholly or partly, in reliance upon the whole or any part of the contents of this material. Anyone who reads this document should refrain from acting based on any matter contained in this material without receiving specific professional advice regarding the particular facts and circumstances in issue. Global Driverless Vehicle Survey 2018 2 Contents INTRODUCTION .................................................................................................................. 5 EXECUTIVE SUMMARY ...................................................................................................... 5 Contributing Lawyers ......................................................................................................... 8 Argentina ........................................................................................................................... 13 Australia ............................................................................................................................ 18 Austria ............................................................................................................................... 27 Belgium.............................................................................................................................. 33 Brazil .................................................................................................................................. 41 Canada ............................................................................................................................... 47 China .................................................................................................................................. 54 Colombia ........................................................................................................................... 64 Czech Republic ................................................................................................................. 69 France ................................................................................................................................ 75 Germany ............................................................................................................................ 87 Hong Kong ........................................................................................................................ 92 Hungary ............................................................................................................................. 99 Indonesia ......................................................................................................................... 107 Italy .................................................................................................................................. 112 Japan ............................................................................................................................... 119 Malaysia ........................................................................................................................... 127 Mexico ............................................................................................................................. 134 The Netherlands .............................................................................................................. 139 Poland .............................................................................................................................. 145 Russia .............................................................................................................................. 154 Singapore ........................................................................................................................ 160 South Africa .................................................................................................................... 169 Global Driverless Vehicle Survey 2018 3 Spain ................................................................................................................................ 177 Sweden ............................................................................................................................ 186 Taiwan ............................................................................................................................. 191 Thailand ........................................................................................................................... 199 Turkey .............................................................................................................................. 206 United Arab Emirates ...................................................................................................... 213 United Kingdom .............................................................................................................. 220 United States of America (USA) ..................................................................................... 229 Ukraine............................................................................................................................. 242 Vietnam ............................................................................................................................ 247 Baker McKenzie – Offices Worldwide ............................................................................ 253 Global Driverless Vehicle Survey 2018 4 INTRODUCTION Driverless vehicles promise to eliminate (or at least substantially reduce) road accidents, massively increase the efficiency and utilisation of vehicles and transport infrastructure, eliminate time lost from driving in traffic and transform towns and cities by freeing parking and garage space. As we witness global manufacturers and a panoply of new entrants race to develop fully driverless vehicles for the mass-market, an exciting new area of focus is the development of new laws regulating the testing and operation of driverless vehicles with a particular interest in the different approaches and level of progress in major markets throughout the world. For many years Baker McKenzie has been advising its global clients in the transport and telecommunications industries on connected cars and systems associated with the early stages of automation in vehicles. Work in this area involves deploying the expertise of our world leading global Technology Media Telecommunications (TMT) and Automotive practice and industry groups. Our TMT and Automotive global groups have pooled resources to produce this Global Driverless Vehicle Survey (Survey). The Survey provides a high-level insight into the development and deployment of rules to accommodate automated driving for 33 jurisdictions. It provides an outline of the key themes arising from the intersection between the most advanced digital processing technology and mobility on a global scale. Considering the relatively recent development of functional prototypes of the driverless car, the Survey indicates a rapid development of new rules to accommodate and facilitate the testing of driverless vehicles and significant progress on the development of regulatory frameworks in most major markets. EXECUTIVE SUMMARY The key themes that have come from the Survey are: 1. Legislation: The majority of respondent countries do not have specific regulations or rules relating to driverless vehicles. From our Survey, 12 out of 33 jurisdictions have either legislation, regulations or rules that address or apply specifically to driverless vehicles (also called autonomous, self-driving, highly automated or robotic vehicles). The majority of these jurisdictions have amended their road rules to facilitate the testing of partial and/or fully driverless vehicles in specific circumstances, and usually on a case by case basis requiring approval. Of the 21 remaining jurisdictions, four countries (Poland, China, UAE, UK) have noted the existence of proposed regulations. Overall, there appears to be a definitional barrier in current road laws. The definition of "driver," "driving" and "control" often refers to a human driver with an appropriate licence. For example, Mexico requires two hands on the steering wheel when driving on a federal highway or bridge. Therefore, current road laws in the majority of jurisdictions do not have the scope to consider driverless vehicles, and insofar as a consumer is concerned, using a driverless vehicle may result in a material breach of the driver's general obligations under existing road rules. Global Driverless Vehicle Survey 2018 5 2. Testing: Driverless vehicle testing has begun in public and private trials, and is likely to increase. From our Survey, 11 out of 33 jurisdictions have begun testing of driverless
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