Over the next two decades, technology has been transforming the relationship between humans, their vehicles, the economy, and the environment around us. In the last few years, we have seen a huge acceleration in investment in self-driving and electrified vehicle technology, as well as in the policy adopted by the government in order to encourage autonomous(AVs) and electrified vehicles.
In his research, IHS (London-based global information provider) predicted that by 2035 there will be over 21 million autonomous vehicles all over the world’s road. Although according to another research conducted by Deloitte 47% of the US consumers think that self-driving and electrified vehicles have safety issues.
In this article, we have examined the legal landscape of the US on electrified vehicle implication.
The government understands the need to adjust to rapid changes in the automotive industry due to technological advancements, but it encounters some challenges balancing the strategic and economic advantages of AVs and the problems(safety, liability, privacy, cybersecurity, etc.) following this technology.
The US federal government does not yet pass any nationwide rules concerning the allocation of liability of AVs. Every year, several states consider legislation regarding autonomous and electrified vehicles. Although since 2012, almost 41 states and D.C. have considered legislation related to autonomous vehicles. Twenty nine states — Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, New York, Nevada, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Vermont, Washington and Wisconsin, as well as, Washington D.C. have passed legislation related to autonomous vehicles.
The National Highway Traffic Safety Administration has outlined a ‘’Vehicle Performance Guidance’’ for all objects involved in “manufacturing, designing, supplying, testing, selling, operating, or deploying” self-driving vehicles in the US.
In the United States, the federal government gives most of the responsibility in managing liability rules to state governments. NHTSA asks States representatives to consider liability allocation, as well as to decide who must carry automated vehicle insurance and to determine rules allocating tort liability.
In September 2017, the United States House of Representatives passed the “SELF-DRIVE” Act, which will allow highly automated vehicles to take a road after an exemption of safety standards. They require to provide and ensure the safety level of vehicles at least equal to current standards). This act establishes NHTSA as the ‘’preeminent regulating body’’ and enables states to enforce new standards only if they are identical to those prescribed by federal law.
AVs rely on sensors, high definition maps, and other devices. It collects and optimizes information to ensure the vehicle’s safe operation. Concern for privacy arises in connection with who controls this information, and how it is used. These issues regarding information privacy still remain unclear. We need clarification on which type of information being collected, the precise reasons why it is being collected, accessibility to the information and the permitted duration of information storage.
The government has passed new legislation on data privacy that applies to all vehicles. The new SPY Car Act gives NHTSA the authority to protect the use and access to driving information in all vehicles manufactured for sale in the US. All vehicles must enable the ability to stop the data collection, except for information which is essential for safety and post-incident investigations. Vehicle manufacturing companies are forbidden from using the collected data for marketing or advertising without consent from the owners or lessees.
In conclusion, the US is acting carefully to not require strong regulations, or to have an unreasonably soft position on AV safety. This light control-oriented position provides sufficient room for innovation in the industry.
