Interest in driverless cars has led to a flurry of recent legislative activity. Nevada was the first state to authorize the operation of autonomous vehicles in 2011. Since then, numerous states in the US have passed legislation related to autonomous vehicles, reflecting the rapid advancements and growing integration of this technology into everyday life. As of 2024, 38 states have enacted laws or issued executive orders related to autonomous vehicles.
In this post, we will look at four critical definitions of autonomous vehicles (AVs) provided in laws and regulations that have been enacted to date. These definitions help us understand how different jurisdictions are approaching the integration of AV technology.
Nevada
Enacted: June 2011, revised July 1, 2013.
Definition of AVs: “Autonomous technology” means technology which is installed on a motor vehicle and which has the capability to drive the motor vehicle without the active control or monitoring of a human operator. The term does not include a dynamic safety system or a system for driver assistance, including, without limitation, a system to provide electronic blind-spot detection, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless any such system, alone or in combination with any other system, enables the vehicle on which the system is installed to be driven without the active control or monitoring of a human operator.
Update:
Nevada now distinguishes between levels of automation based on the SAE International J3016 standard.
- Commercial Autonomous Vehicles and Delivery Robots: Nevada has expanded its legislation to include specific regulations for commercial autonomous vehicles and delivery robots. This includes defining operational zones, permissible hours of operation, and safety standards for these vehicles. For instance, delivery robots are now allowed to operate on sidewalks and crosswalks under certain conditions, with weight and speed limits to ensure pedestrian safety.
- Cybersecurity and Data Privacy: Recognizing the importance of protecting AVs from cyber threats, Nevada has introduced comprehensive cybersecurity requirements. These include mandatory encryption for data transmission, regular security audits, and protocols for real-time threat detection and response. Additionally, data privacy regulations mandate that all data collected by AVs must be anonymized and used strictly for improving vehicle performance and safety, with strict penalties for non-compliance.
Florida
Enacted: April 2012.
Definition of AVs: “Autonomous technology” means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control of or monitoring by a human operator (Florida Statutes, 2012). Excludes vehicles “enabled with active safety systems or driver assistance systems, including, without limitation, a system to provide electronic blind-spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warning, or traffic jam and queuing assistant, unless any such system alone or in combination with other systems enables the vehicle on which the technology is installed to drive without the active control or monitoring by a human operator” (Florida House of Representatives, 2012).
Update:
Florida’s definition now incorporates the SAE J3016 levels of automation and emphasizes the importance of cybersecurity and data recording in AV operation.
- Vulnerable Road Users: Florida has introduced new measures to ensure the safety of vulnerable road users, such as pedestrians and cyclists. AVs must now be equipped with advanced detection systems capable of identifying and responding to these users in real-time. Additionally, there are strict guidelines on how AVs should interact with school zones, pedestrian crossings, and bicycle lanes.
- Compliance with Federal Safety Standards: All AVs operating in Florida are required to comply with the latest federal safety standards, including those set by the National Highway Traffic Safety Administration (NHTSA). This includes rigorous testing and certification processes to ensure that AVs meet high safety and performance benchmarks before they can be deployed on public roads.
California
Enacted: September 2012.
Definition of AVs: “‘Autonomous technology’ is defined as technology that has the capability to drive a vehicle without the active physical control or monitoring of a human operator” (California Vehicle Code, 2012). “Autonomous vehicle” means any “vehicle equipped with autonomous technology that has been integrated into that vehicle. Does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind-spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.”
Update:
- Ride-Sharing and Ride-Hailing Services: California has enacted specific regulations for autonomous ride-sharing and ride-hailing services. Companies like Uber and Lyft, which are integrating AVs into their fleets, must adhere to stringent safety and operational guidelines. This includes mandatory driver monitoring systems, regular maintenance checks, and clear protocols for passenger safety and emergency situations.
- Data Sharing and Transparency: To ensure public trust and safety, California requires AV companies to share data related to vehicle performance, incident reports, and software updates with state regulators. This transparency allows for continuous monitoring and improvement of AV technology. The state has also established a public database where citizens can access information about AV operations and safety records.
Washington, D.C.
Enacted: January 2013.
Definition of AVs: “A vehicle capable of navigating District roadways and interpreting traffic-control devices without a driver actively operating any of the vehicle’s control systems.” “Excludes a motor vehicle enabled with active safety systems or driver assistance systems, including crash avoidance, provide electronic blind-spot assistance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warning, or traffic jam and queuing assistance, unless a system alone or in combination with other systems enables the vehicle on which the technology is installed to drive without active control or monitoring by a human operator” (District of Columbia, 2013).
Update:
- Autonomous Public Transportation: Washington, D.C. has implemented regulations to facilitate the integration of AVs into the public transportation system. This includes autonomous buses and shuttles that operate on predefined routes. These vehicles must comply with rigorous safety standards and are subject to regular inspections and performance evaluations.
- Ethical Decision-Making Algorithms: The legislation now addresses the ethical considerations and decision-making algorithms used by AVs. This involves setting standards for how AVs should prioritize the safety of passengers, pedestrians, and other road users in complex scenarios. The regulations also mandate transparency in the development and implementation of these algorithms, ensuring that ethical considerations are consistently applied.
The legal landscape surrounding autonomous vehicles has evolved rapidly to keep pace with technological advancements. As AVs become more prevalent, ongoing legislative efforts will be crucial to ensure their safe and responsible integration into our transportation systems. By continuously updating and refining these definitions, lawmakers are ensuring that legislation keeps pace with technological advancements, promoting the safe and efficient integration of autonomous vehicles into society.
