Preparing for Automated Vehicles: Traffic Safety Issues for States

Jim Hedlund Highway Safety North

GHSA Webinar November 8, 2018

In the next 25 minutes

• What’s an AV? • AV status and projections • AV safety issues • AV liability and insurance • Recommendations for states

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Report released August 15, 2018

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What’s an AV?

• Level 0: no automation, driver in complete control • Level 1: driver assistance

Cruise control or lane position, driver monitors at all times

• Level 2: occasional self-driving Control both speed and lane position in limited situations, like Interstates;

driver monitors at all times

************** • Level 3: limited self-driving in some situations, like Interstates

Vehicle in full control, informs when driver must take control

• Level 4: full self-driving under certain conditions Vehicle in full control for entire trip, such as urban ride-sharing

• Level 5: full self-driving at all times

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What’s an AV?

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The AV begins with a map

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Senses what’s around it

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Predicts where things will move

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And chooses route and speed

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AVs require a new way of thinking

• Traditional Vehicle is a piece of hardware; changes slowly if at all

(except wear and tear) Driver completely responsible for operation NHTSA regulates vehicles: FMVSS, defects States regulate drivers: licensing, traffic laws and enforcement, liability

• Level 5 AVs Vehicle is both hardware and software; can change overnight Vehicle completely responsible for operations; no driver NHTSA still regulates hardware Who regulates software?

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AVs require a new way of thinking

• Level 2-4 AVs Vehicle is both hardware and software; can change overnight Vehicle and driver responsible for operations, sometimes jointly (Level 2),

sometimes passing back and forth (Level 3 and perhaps 4) NHTSA still regulates hardware Who regulates operations?

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AV status 2018

• Level 1 available for many years Adaptive cruise control, lane-keeping assistance

• Level 2 available now BMW, GM, Mercedes, Tesla, VW, …

• Levels 3-5 coming soon Waymo (Google) test fleet: 10 million miles as of October 2018;

another million miles every 40 days 55 companies with AV testing permits in CA as of August 2018 By 2020: available (perhaps) from Audi, BMW, Ford, GM, Mercedes,

Tesla, Toyota, Volvo, VW; Delphi, FCA, JLR, Lyft, NuTonomy, Uber, Waymo, …

AV shuttles operating in Las Vegas, U of Michigan; many pilot tests

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AV projections

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AV projections

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The big takeaway

• AVs and DVs (driver-controlled vehicles) will share the road for a long time – perhaps forever

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What does the public think about AVs?

• Ignorant Knowledge of AV? 60-70% know little

• Skeptical

Attitude toward AVs? 30-40% excited, 50-60% worried Will AVs reduce crashes? 30-40% yes, 30-50% no Would you ride in an AV today? 15-50% yes, 40-80% no Would you buy an AV? ≈ 20% yes, ≈ 50% no

• Prefer AVs that allow drivers to take control

Over 80% in two surveys

12 surveys, 2016 - 2018, 11 in US and 1 in Canada

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State AV activities

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• February 2018 survey of SHSOs; 35 responses • AV development and testing

– 17 actively encouraging; 10 with testing underway – 6 observing – 12 no involvement

• 21 with an AV task force – 13 with SHSO involvement

• 11 with law enforcement involvement in testing or task force

www.ghsa.org @GHSAHQ

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What can cause an AV crash?

• AV driver behavior • AV interactions with DVs • AV interactions with other road users • AV system failure

• 111 AV crashes in CA as of Nov. 2, 2018

most were low speed, DV at fault

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AV driver behavior

• AV driver failure to take control Tesla fatality – Level 2 AV; driver had hands off steering wheel for more

than 36 minutes out of 37; ignored warnings from car; ran into semi

Level 3 and 4 AV drivers: how long to take control when required? AV driver override

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AV interactions with DVs

• DV driver assumptions about AV behavior Uber car in leftmost of 3 lanes; traffic stopped in right 2 lanes. Driver

in cross street was turning left in front of the 2 stopped lanes and didn’t see Uber in third lane.

• AV assumptions about DV behavior Waymo (Google) car pulled into the left lane and ran into the side of a

bus coming from the rear; Waymo car assumed the bus would yield

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AV interactions with other road users

• Pedestrians and AVs Uber AZ pedestrian fatality - pedestrian stepped in front of AV, AV did not recognize pedestrian, AV test driver failed to respond

• AV surfing

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AV system failure

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• AV system defects • AV cyber-security – hacking

AV safety issues

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• AV operations Compliance with traffic laws Local customs Decision rules

• AV drivers Level 2 Level 3 Level 4 AV drivers switching to manual operation

• Other road users and AVs Understanding AV operations Communicating with AVs

AV safety issues

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• Law enforcement issues Identifying AVs Communicating with AVs Crash response

• Data issues Identifying AVs in vehicle title, registration, crash data systems Access and use of data produced by AVs

AV liability and insurance

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• Crash liability Who’s responsible: occupant, owner, vehicle manufacturer, software

developer, all of the above? Possible approach: Level 1-3, or Level 4-5 if operated manually: the driver – tort liability Level 4 within ODD and Level 5: the manufacturer – product liability

• AV insurance – possible approach Level 5: insurance comes with the vehicle, not the owner

Perhaps included in vehicle purchase price? Levels 3-4: vehicle insured when in automated mode, driver insured

when in manual mode Major changes possible in auto insurance models, state insurance laws

AV recommendations for states

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• Management Lead agency AV task force AV testing and deployment plan

• Traffic laws to consider Authorize driverless Level 4 and 5 AVs Distracted driving for Level 3 AV drivers Following too closely

References for traffic laws AAMVA http://www.aamva.org/GuidelinesTestingDeploymentHAVs-May2018/ NCHRP http://www.trb.org/Publications/Blurbs/178298.aspx ULC http://www.uniformlaws.org/Committee.aspx?title=Highly%20Automated%20Vehicles%20 Platooning https://cei.org/sites/default/files/Marc%20Scribner%20-%20Authorizing%20Automated %20Vehicle%20Platooning.pdf

AV recommendations for states

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• AV testing Requirements for organizations conducing AV testing Traffic law changes or exemptions Law enforcement coordination Information for public and media Oversight and reporting

• AV deployment Licensing and registration procedures Education for AV owners and other road users State data systems Access to data produced by AVs AV vehicle insurance Law enforcement policies and procedures

For more information

Jim Hedlund Highway Safety North

jhedlund@sprynet.com

Download the report: www.GHSA.org

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