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Regulation of self-driving cars

Legislation and standards for self-driving cars and related technologies

  • 22 min read
  • 8 chapters

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Through Jurisdiction, Conflict of interest and Computer security

In June 2011, the US state of Nevada became the first jurisdiction in the world to legislate for self-driving. Since then, many state, national and supranational bodies have introduced similar laws with varying characteristics. Regulations governing the testing of automated cars on public roads (as opposed to full consumer operations) include those introduced by the government of the United Kingdom in 2013, with similar laws coming into effect in France in 2015.

Modification of existing international agreements on the use of vehicles on public roads has also taken place. The 1949 Vienna Geneva Convention on Road Traffic had assumed that a driver is always fully in control and responsible for the behaviour of a vehicle in traffic, but this was amended in 2016 to allow the possibility of automated features in vehicles.

Specific international regulations also began to be formulated in 2018 with the Working Party on Automated/Autonomous and Connected Vehicles (GRVA) recommending safety provisions related to the dynamics of vehicles (braking, steering), Advanced Driver Assistance Systems, Automated Driving Systems (ADS) and cyber security provisions for the World Forum for Harmonization of Vehicle Regulations (WP.29).

Individual jurisdictions around the world have also set up legal frameworks of various kinds. China introduced testing regulations for autonomous cars in 2018, and in 2020 issued the "Strategy for Innovation and Development of Intelligent Vehicles", a roadmap plan until 2025 relating to road traffic safety, surveying and mapping laws relating to intelligent vehicles. In Europe, Regulation 2019/2144, commonly known as the General Safety Regulation (GSR), came into force for all new cars in the European Union after 6th July 2022. Similar legislation followed in Japan with the law modified to reflect the finalized UNECE WP.29 GRVA regulations. In some cases regulations for fully manual cars have created unintended regulatory barriers for self-driving cars.

SAE wording is generally adopted as the de facto standard for definitions in regulations throughout most jurisdictions. This gives descriptions for levels of autonomy ranging from fully manual (Level 0) to fully automated (Level 5). Terminology in ADS, Operational Design Domain (ODD) and Dynamic Driving Task (DDT) is also used.

General considerations

Most regulations aim to achieve compatibility of automated vehicles with safety, legal responsibility, privacy and public expectations. The United Nations Economic Commission (UNEC) for Europe considers a balanced regulatory framework as a prerequisite to the mass introduction of these automated vehicles on the road. A primary aim is also to ensure that diverse vehicles work in their operating constraints and that drivers understand the vehicle capabilities for its safe usage.

Self-driving car liability is also a developing area of law and policy that will determine who is liable when an automated car causes physical damage to persons, or breaks road rules. When automated cars shift the control of driving from humans to automated car technology, the driver may need to consent to share operational responsibility, which will require a legal framework. There may also be a need for existing liability laws to evolve to fairly identify the parties responsible for damage and injury, and to address the potential for conflicts of interest between human occupants, system operators, insurers, and the public purse.

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