Automotive Autonomy: Considerations for Planning and Zoning Authorities in Transitioning to a Driverless World

ABSTRACT

II.Current State of AV Legislation A. Federal Legislation The National Highway Traffic Safety Administration (NHTSA) is responsible for setting Federal Motor Vehicle Safety Standards (FMVSS) for the equipment in motor vehicles, enforcing compliance with FMVSS, recalling defective parts that do not comply with FMVSS, educating the public on safety concerns dealing with motor vehicles, and issuing guidelines for vehicle equipment manufacturers to follow.7 The NHTSA notes that while manufacturers begin to produce driving equipment that in essence performs driving functions, the federal government's role of setting FMVSS for equipment will ultimately transform into licensing a non-human operator.8 In September of 2017, the NHTSA published nonbinding guidance for state actors to consider when discussing AV implementation, the "Automated Driving Systems a vision for safety 2.0"9 This guidance was updated in 2018,10 and, most recently, on January 8, 2020.11 The guidance outlines specific issues for states to consider when planning for AV implementation as well as the procedures for when they do so.12 The guidelines strongly urge the states to give full authority to the US DOT to regulate the performance of AVs as well as the technology contained within them.13 B. State Legislation While the federal government is in charge of regulating motor vehicles and the equipment used in their production, the states are ultimately left to regulate their drivers.14 Specifically, states issue licenses, enact and enforce traffic laws, conduct safety inspections, and regulate motor vehicle insurance.15 As of January 2018, twenty-nine states, and the District of Columbia, have passed legislation directly dealing with AVs.16 Florida is leading the way in state regulation. In addition to the states that have passed legislation directly dealing with AVs, ten states have enacted executive orders addressing AV technology and implementation,25 and Illinois has done both.26 In 2015, Arizona Governor Doug Ducey signed an executive order in which he mandated that all agencies of the state, with "pertinent regulatory jurisdiction," support the testing of AVs, enabled pilot programs on select university campuses that would allow AVs to be tested and developed, and established the Self-Driving Vehicle Oversight Committee.27 Governor Ducey updated the 2015 executive order in 2018.28 In 2016, Massachusetts Governor Charlie Baker signed an executive order creating a committee with the job of collaborating with AV experts and state legislature to promote the testing of AVs,29 and, in 2017, Delaware Governor John Carney signed an executive order creating an advisory committee that was given the job of researching and recommending strategies that could be implemented to best prepare the state for AVs.30 The Delaware executive order specifically mandates that the advisory committee consider, at minimum, economic development, technology concerns, transportation network infrastructure, and safety.31 Several other state governors followed suit in 2017. Hawaii Governor David Ige signed an executive order creating an AV administrative director in his office whose job it was to support companies looking to test their AV technology. 32 The order also directs the Hawaii Department of Transportation and the Hawaii Department of Business and Economic Development and Tourism to take all necessary steps to work with these companies.33 Washington Governor Jay Inslee signed an executive order focusing on AV testing, technology development, and the creation of the Autonomous Vehicle Work Group. 34 The order assigns various state agencies to take charge in supporting the testing and operation of AVs in the state.35 Among many other tasks, the order gave the work group the mission of examining AV technology in relation to freight, aviation, and other possible applications.36 The same year, Wisconsin Governor Scott Walker signed an executive order creating the Governor's Steering Committee on Autonomous and Connected Vehicle Testing and Deployment.37 Much like the other committees created by the other executive orders from different states, this committee's mission is to advise the governor's office on the best course of action to take regarding AVs.38 In 2018, several more states began to focus attention on AVs. "39 Illinois Governor Bruce Rauner signed an executive order directing the Illinois Department of Transportation to head the "Autonomous Illinois" Initiative.40 The initiative's purpose was to promote the testing and development of AVs and related infrastructure.41 The order also created the Autonomous Illinois Testing Program.42 The program was put in place to oversee AV testing on public roads and use the data to make policy suggestions.43 Maine Governor Paul LePage signed an executive order that established the Maine Highly Automated Vehicles Advisory Committee.44 The Maine order went further than other states, outlining a procedure of how the committee could go about running a pilot program in the state.45 By executive order, Minnesota Governor Mark Dayton created the Governor's Advisory Council on Connected and Automated Vehicles.46 The Council is tasked with recommending changes to state law in