IS AUSTRALIAN LAW ADAPTABLE TO AUTOMATED VEHICLES?

Authors

  • Mark Brady Adelaide Law School, Faculty of the Professions, University of Adelaide,

Abstract

Recent deaths involving automated vehicles have sparked calls for legislative reform. Scholars argue that the law lags behind new and disruptive technological innovations. Autonomous vehicles are hailed as the next step in the shifting paradigm of disruptive technology. With the introduction of automated vehicles, changes will occur in many areas of law and society. These changes will impact notions of property, identity and the physical landscape of Australia, including the architecture of the future fleet of motor vehicles and the infrastructure surrounding mass road transport. The legal frameworks in Australia appear fairly well adapted to the introduction of automated vehicles as there are several structures in place to allow the law to investigate and adapt to new technology. This article seeks to outline some of the social and legal impacts arising from the introduction of automated vehicles. It is structured in three parts. First it outlines a brief history of automated vehicles. Then it considers some different areas of law intersected by the introduction of automated vehicles; criminal law, privacy law, personal injury and product liability. Finally, it reflects on some of the potential physical and social impacts surrounding the introduction of automated vehicles. It concludes with whether the Australian law is adaptable to this new and disruptive technology. 

Author Biography

Mark Brady, Adelaide Law School, Faculty of the Professions, University of Adelaide,

Lecturer, Adelaide Law School, Faculty of the Professions, University of Adelaide, BA, LLB (Hons), GDLP, PhD Candidate, Griffith University Law Futures Centre, Queensland.

References

REFERENCE LIST

A Articles/Books/Reports

ABC News Online, ‘Disturbing and Heartbreaking Footage of Fatal Self-driving Crash Released’, (22 March 2018) ABC News

Ahern, John, ‘Keeping up with the technology in the changing legal landscape’ (16 November 2016) InfoTrack

Allen, Douglas W and Yoram Barzel, ‘The Evolution of Criminal Law and Police during the Industrial Revolution’ (2007) Research Gate

Anstey, Kaarin J et al, 'Cognitive, sensory and physical factors enabling driving safety in older adults' (2005) 25(1) (Jan) Clin Psychol Rev 45

Australian Bureau of Statistics, Motor Vehicle Census, Australia, (Catalogue No 9309.0, 31 Jan 2015)

Beiker, Sven A, 'Legal Aspects of Autonomous Driving: The need for a legal infrastructure that permits autonomous driving in public to maximize safety and consumer benefit.' (2012) 52 Santa Clara Law Review 1145

Bengler, Klaus et al, 'Three Decades of Driver Assistance Systems: Reviews and Future Perspectives' (2014) (Winter) IEEE Intelligent Transportation Systems Magazine 6

Bennett Moses, Lyria, ‘Adapting the Law to Technological Change: A Comparison of Common Law and Legislation’ (2003) 26(2) UNSW Law Journal 394

Bennett Moses, Lyria, ‘Agents of Change: How the Law “Copes” with Technological Change’ (2011) 20(4) Griffith Law Review, 763

Blain, Patrick, 'Steel Perspectives for the Automotive Industry' Organisation Internationale des Constructeurs d'Automobile (2012)

Blincoe, Lawrence et al, 'The Economic and Societal Impact of Motor Vehicle Crashes, 2010 (Revised)' National Center for Statistics and Analysis, (National Highway Traffic Safety Administration, 2015)

Brady, Mark et al, ‘Automated Vehicles and Australian Personal Injury Compensation Schemes’ (2017) 24 Torts Law Journal 32

Brady, Mark et al, Submission to National Transport Commission, in response to the National Transport Commission Regulatory Options of Automated Vehicles: Discussion Paper (July 2016)

Broman, Morgan M and Pamela Finckenberg-Broman, ‘Socio-Economic and Legal Impact of Autonomous Robotics and AI Entities: The RAiLE© Project’ (2018) 37(1) IEEE Technology and Society Magazine 70

Brueckner, Amy, 'Distracted Driving: How Technological Advancements Impede Highway Safety' (2011) 115 Penn State Law Review 709

Bureau of Infrastructure, Transport and Regional Economics, 'Impact of road trauma and measures to improve outcomes' Department of Infrastructure and Regional Development, (2014)

Bureau of Infrastructure, Transport and Regional Economics, Road Trauma Australia 2016 Statistical Summary Department of Infrastructure and Regional Development, (2016)

Calo, M Ryan, ‘Open Robotics’ (2011) 70 Maryland Law Review 101

Cockfield, Arthur and Jason Pridmore, ‘A Synthetic Theory of Law and Technology’ (2007) 8 Minnesota Journal of Law Science & Technology 475

Coeckelbergh, Mark, ‘Robot Rights? Towards a Social-Relational Justification of Moral Consideration’ (2010) 12(3) Ethics and Information Technology 209

Corones, Stephen, The Australian Consumer Law (Thomson Reuters, 2nd ed, 2013)

Currie, Roderick, ‘Developments in Car Hacking’ White Paper, The Sans Institute InfoSec Reading Room, (5 December, 2015)

Davies, Alex, ‘What is Lidar, Why do Self-Driving Cars need it, and can it see Nerf Bullets?’ Wired (6 February 2018)

Department of Infrastructure and Regional Development, New passenger vehicle fuel consumption trends, 1979 to 2013, Bureau of Infrastructure, Transport and Regional Economics, (2013)

Department of Infrastructure, Regional Development and Cities, Road Deaths, Australia, Report, (2017)

Department for Transport (UK), The Pathway to Driverless Cars: Summary Report and Action Plan (2015)

Devlin, Anna et al, 'Designing Safer Roads to Accommodate Driver Error' (Curtin–Monash Accident Research Centre, 2011)

Dickey, Megan Rose, ‘Tesla Model X fatal crash investigation’ (2018) Tech Crunch 1

Douma, Frank and Sarah Aue Palodichuk, Criminal Liability Issues Created by Driverless Cars, (2012) 52(4) Santa Clara Law Review 1157

Douma, Frank et al, 'Self-Driving Vehicles and Policy Implications: Current Status of Autonomous Vehicle Development and Minnesota Policy Implications' (2015) 16(2) Minnesota Journal of Law Science & Technology 735

Duff, Craig, ‘Australia lags most countries on readiness for autonomous cars, says report’ (18 January 2018) News.com.au

Edquist, Jessica et al, Road Design Factors and their Interaction with Speed Limits, Monash University Accident Research Centre, (2009)

Frank, Robert H and Philip J Cook, The Winner-take-all Society: Why the Few at the Top Get So Much More than the Rest of Us (Random House, 2010)

Frankish, Keith and William M. Ramsey (Eds) The Cambridge Handbook of Artificial Intelligence (Cambridge University Press, 2011)

Garza, Andrew P, '"Look Ma, No Hands!": Wrinkles and Wrecks in the Age of Autonomous Vehicles' (2012) 46 New England Law Review 581

Glancy, Dorothy J, ‘Privacy in Autonomous Vehicles’ (2012) 52(4) Santa Clara Law Review 1171

Goodall, Noah J, ‘Machine Ethics and Automated Vehicles’, in Gereon Meyer and Sven Beiker (Eds) Road Vehicle Automation (Springer, 2014)

Gopolan, Sandeep, ‘Legal lessons for Australia from Uber’s self-driving car fatality’ (20 March 2018) The Conversation

Graham, Kyle, 'Of Frightened Horses and Autonomous Vehicles: Tort Law and its Assimilation of Innovations' (2012) 52 Santa Clara Law Review 101

Greenburg, Andy, ‘Hackers Remotely Kill a Jeep on the Highway—With Me in It’ (27 July 2015) Wired

Griggs, Lynden, ‘A radical Solution for Solving the Liability Conundrum of Autonomous Vehicles’ (2017) 25(2) Competition & Consumer Law Journal 151

Gurney, Jeffrey K, ‘Sue My Car Not Me: Products Liability and Accidents Involving Autonomous Vehicles’ (2013) 2 University of Illinois Journal of Law, Technology & Policy 247

Head, Beverley, ‘Law is falling far behind the tech’ (27 November 2017) InnovationAus.com

Hopkins, Jamie Patrick and Sophia H Duffy, 'Sit, Stay, Drive: The Future of Autonomous Car Liability' (2013) 16 SMU Science and Technology Law Review 453

Hruska, Joel, ‘Uber, Lyft Want to Ban Personal Use of Self-Driving Cars in Urban Areas (2018) Extreme Tech 1

Hull, Dana and Tim Smith, ‘Tesla Model X driver death raises questions about autopilot’ Financial Review (1 April 2018)

International Traffic Safety Data and Analysis Group Road Safety Annual Report 2017 (OECD Publishing, Paris, 2017)

Jenn U, ‘The Road to Driverless Cars: 1925 – 2025’ (2016) Engineering.com

Johnson, Lacey, ‘Arizona Suspends Uber’s Autonomous Cars after a Death. What’s next for Driverless Cars?’ (27 March 2018) GTM Mobility

Joint Standing Committee on Road Safety (Staysafe) Driverless Vehicles and Road Safety in NSW, Report 2/56 September 2016

Kesan, Jay P et al, ‘A Comprehensive Empirical Study of Data Privacy, Trust, and Consumer Autonomy,’ (2016) 91 (2) Indiana Law Journal 267

Kroger, Fabian, ‘Automated Driving in its Historical and Social Contexts’ in Markus Maurer, J Christian Gerdes, Barbara Lenz, Hermann Winner (Eds) Autonomous Driving: Technical, Legal and Social Aspects (Springer, Berlin, 2016)

Lee, Chasel, ‘Grabbing the Wheel Early: Moving Forward on Cybersecurity and Privacy Protections for Driverless Cars’ (2017) 69(1) Federal Communications Law Journal 25

Lehman-Wilzig, Sam N, ‘Frankenstein Unbound: Towards a legal definition of Artificial Intelligence’ (1981) Futures 442

Li, Qing et al, ‘Springrobot: A Prototype Autonomous Vehicle and its Algorithms for Lane Detection’ (2004) 5(4) IEEE Transactions on Intelligent Transportation Systems 300

Lin, Patrick, ‘Why Ethics Matters for Autonomous Cars’, in Gereon Meyer and Sven Beiker (eds) Road Vehicle Automation (Springer, 2014)

Litchfield, Frederick, The cost of road crashes in Australia 2016: An overview of safety strategies (Australian National University Report, 2017)

Lu, Beverley and Matthew Michaels Moore, 'Autonomous Vehicles for Personal Transport: A Technology Assessment' (2011) Social Science Research Network 1

Marchant, Gary E and Rachel A Lindor, 'The Coming Collision between Autonomous Vehicles and the Liability System' (2012) 52 Santa Clara Law Review 1321

McFarland, Matt ‘The backlash against self-driving cars officially begins’ (10 January 2017) CNN Tech

McNamee, Eugene, ‘An Egg Shaped Bowl: Law, Invention, Technology’ (2012) 37 Australian Feminist Law Journal 83

Mercer, Christina, ‘Which companies are making driverless cars?’ (2018) Techworld

Mercer, David, ‘Technology and the law: dealing with the “law lag”’ (4 July 2011) Weekend Australian

Meyer, Gereon and Sven Beiker (eds) Road Vehicle Automation (Springer, 2014)

Miller, C O, 'The Design-Induced Part of the Human Error Problem in Aviation' (1976) 42 Journal of Air Law and Commerce 119

Motha, Joe, 'Road Safety in Australia: A Publication Commemorating World Health Day 2004' Australian Transport Safety Bureau (2004)

National Highway Traffic Safety Administration, ‘Federal Automated Vehicles Policy: Accelerating the Next Revolution in Roadway Safety’ United States Department of Transport (Washington, 2016)

National Transport Commission Cooperative Intelligent Transport Systems - Final Policy Paper (2013)

National Transport Commission, Motor Accident Injury Insurance and Automated Vehicles: Discussion Paper (October 2018)

National Transport Commission, Regulatory Options for Automated Vehicles: Discussion Paper (2016)

National Transport Commission, Regulatory Reforms for Automated Road Vehicles: Policy Paper, (2016)

Nelson, Patrick, ‘Just one Autonomous Car will use 4,000 GB of data/day’ (7 December 2016) Networked World

Newcomer, Eric, ‘Uber’s Autonomous Cars Banned in Arizona After Fatal Crash’ (27 March 2018) Bloomberg Technology

Nott, George, ‘Could an autonomous vehicle death happen on Australian roads too?’ (4 April 2018) CIO

Parliament of the Commonwealth of Australia, ‘Social issues relating to land-based automated vehicles in Australia’, House of Representatives Standing Committee on Industry, Innovation, Science and Resources, (2017)

Peters, Timothy D, ‘I, Corpenstein: Mythic, Metaphorical and Visual Renderings of the Corporate Form in Comics and Film’ (2017) 30 International Journal of Semiotics and Law 427

Queensland University of Technology, CARRS-Q Centre for Accident Research & Road Safety, State of the Road: Sleepiness and Fatigue (April 2015)

Roseman, Rachael, 'When Autonomous Vehicles Take Over the Road: Rethinking the Expansion of the Fourth Amendment in a Technology-Driven World' (2013-2014) 20(1) Richmond Journal of Law & Technology 11

Sanchez, Dana, 'Collective technologies: autonomous vehicles' (Australian Council of Learned Academies, 2015)

Schellekens, Maurice, ‘Self-driving cars and the chilling effect of liability law’ (2015) 31 Computer Law & Security Review 506

Siddiqui, Faiz, ‘Tech firms, government officials put the brakes on testing self-driving vehicles after fatal Uber crash’ The Washington Post (27 March 2018)

Simonite, Tom, ‘Artificial Intelligence Seeks an Ethical Conscience’ (7 December 2017) Wired

Snir, Adi, ‘Dealing with the Law Lag’ (6 May 2016) LegalVison

Statista, The Statistics Portal, Number of vehicles in use worldwide 2006-2015 (22 March 2018)

Surden, Harry and Mary-Anne Williams ‘Technological Opacity, Predictability, and Self-Driving Cars’ (2016) 38 Cardozo Law Review 121

Swanson, Andrew R '"Somebody Grab the Wheel!": State Autonomous Vehicle Legislation and the Road to a National Regime' (2014) 97(4) Marquette Law Review 1085

Tangermann, Victor, ‘Tesla Model X in Autopilot Killed a Driver. Officials Aren’t Pleased With How Tesla Handled It’ (2 April 2018) Futurism

The Engineer, ‘Last week’s poll: responses to Uber crash’, (27 March 2018) The Engineer

Tranter, Kieran, ‘Disrupting Technology Disrupting Law’ (2017) Law, Culture and the Humanities

Tranter, Kieran, 'The History of the Haste-Wagons': The Motor Car Act (1909) (Vic.), emergent technology and the call for law’ (2005) 29 Melbourne University Law Review 843

Tsui, Mabel, ‘An Analysis of Australia’s Legal Regime for Imposing Liability on Manufacturers of Pharmaceutical Drugs’ (2014) 21(3) Journal of Law and Medicine 700

Turing, Alan M, (1950) ‘Computing Machinery and Intelligence’, In: Epstein R, Roberts G and Beber G (eds) Parsing the Turing Test (Springer, Dordrecht, 2009)

US Department of Transportation, Critical Reasons for Crashes Investigated in the National Motor Vehicle Crash Causation Survey, National Highway Traffic Safety Administration (February 2015)

US Department of Transportation, Summary of Motor Vehicle Crashes 2016, National Highway Traffic Safety Administration (September 2018)

Vinge, Vernon, ‘Signs of the Singularity: Hints of the Singularity’s Approach can be found in the Arguments of its Critics’ Special Report: The Singularity, (2008) IEEE Spectrum

Wattles, Jackie, ‘Tesla Model X was in autopilot before fatal crash’ (31 March 2018) CNN Tech

Wadhwa, Vivek, ‘Laws and Ethics Can’t Keep Pace with Technology’ (2014) MIT Technology Review

Wadud, Zia, ‘Transportation Research Part A: Policy and Practice’ (2017) 101 Elseiver 163

Walker Smith, Bryant, in ‘SAE Levels of Automation’, Center for Internet and Society SAE Standard J3016 (Stanford University, 2013)

Wood, Stephen P et al, 'The Potential Regulatory Challenges of Increasingly Autonomous Motor Vehicles' (2012) 52 Santa Clara Law Review 1423

Zender, James F, ‘Should We Ban Autonomous Vehicles?’ (29 March 2018) Psychology Today

B Cases

Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 (19 January 2017)

Telstra Corporation Limited and Privacy Commissioner [2015] AATA 991 (18 December 2015)

C Legislation

Commonwealth Criminal Code Act 1995 (Cth)

Competition and Consumer Act 2010 (Cth)

Law Reform Commission Act 1973 (Cth)

Law Reform Commission Act 1967 (NSW)

Locomotive Act 1865 (Imp)

Motor Accidents Compensation Act 1999 (NSW)

Motor Accident Insurance Act 1995 (Qld)

Motor Vehicles Act 1959 (SA)

Motor Vehicle (Third Party Insurance) Act 1943 (WA)

Motor Vehicles (Trials of Automotive Technologies) Amendment Act 2016 (SA)

National Transport Commission Act 2003 (Cth)

Privacy Act 1988 (Cth)

Road Transport (Third-Party Insurance) Act 2008 (ACT)

Road Transport (Third-Party Insurance) Act 1999 (ACT)

Telecommunications Act 1997 (Cth)

Telecommunications (Interception and Access) Act 1979 (Cth)

Victorian Law Reform Commission Act 2000 (Vic)

E Other

Defense Advanced Research Projects Agency, <http://www.darpa.mil/about-us/about-darpa>

Downloads

Published

24.05.2019