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Inconsistent legislation for self-driving tech leaves developers in limbo

Although 19 states have passed laws regarding autonomous vehicles, they vary from state to state, posing challenges to the implementation of the technology, according to Larry O’Rourke, manager at global consulting and technology services firm ICF.

   The concept of automated trucks operating on roads and highways across the United States is nothing new at this point, but the still-emerging technology has significant regulatory roadblocks to overcome before it can truly kick into high gear.
   At a recent “Talking Freight” seminar hosted by Federal Highway Administration’s Office of Freight Management and Operations and the Office of Planning, industry experts talked about the various benefits and challenges associated with self-driving truck technology.
   The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) says it sees a lot of potential in automated vehicle safety technologies.
   “More than 30,000 people die on our roads every year, and we can tie 94 percent of crashes to human choice,” according to the NHTSA.
   However, the potential safety enhancements provided by automated vehicle technology is just one of the many expected benefits.
   The most significant and earliest benefit of automated trucks is that they will improve the job of driving a truck, Larry O’Rourke, manager at ICF, a global consulting and technology services firm said during the seminar. O’Rourke also noted how the turnover rate in the trucking industry is currently very high.
   Dan Murray, vice president at the American Transportation Research Institute said during the seminar he believes autonomous technology could drive millennials into the trucking industry, bringing an opportunity to attract more drivers and potentially stem a growing shortage across the industry.
   However, O’Rourke explained that one of the issues with autonomous trucks is that although states have rapidly passed legislation, the legislation can greatly differ from state to state.
   For starters, not all states define the rather broad term of “autonomous vehicles” the same way. Some laws, for example, refer specifically to trucks, while others do not. In addition, some states use SAE International’s guidelines for levels of automation, while others do not, and testing policies for automated vehicle technology can also vary from state to state. States also have different requirements when it comes to truck platooning, such as different distance requirements.
   On the planning and infrastructure side, there are a lot of issues in regards to lane striping, O’Rourke explained. Improvements in lane striping are needed, and lane striping needs to be standardized, he said.
   In addition, heavy duty trucks have various restraints – including bridge height constraints and road restrictions – and a reliable automated vehicle database would be needed to help route these vehicles away from those areas a human driver would know to avoid.
   There is also the rising threat of cyber attacks with automated trucks. Cybersecurity issues are prevalent in any mode of transportation, but as vehicles become increasingly more connected, there needs to be more focus on preventing cybersecurity threats, Brian Routhier, a project manager in the research and technology division of the Federal Motor Carrier Safety Administration (FMCSA) said during the seminar.
   Routhier also pointed out how the current public perception of automated trucks also poses a challenge to rapid implementation.
   There are also human factor issues, such as driver re-engagement when the system decides it needs the driver to intervene, he said. Studies show drivers could take between two and eight seconds to get re-engaged, and eight seconds at 88 feet per second is simply not good enough, said Routhier.
   In addition, safety inspectors currently examine trucks physically with their eyes, hands, clipboards, flashlights and rulers, whereas with self-driving trucks, these same inspectors would need training on how to examine and diagnose digital issues within the trucks’ software systems, as well as any potential issues with the computer hardware that houses those systems, he said.
   So far, 19 states have passed autonomous vehicle laws, and seven states have enacted legislation specifically authorizing the deployment of “level one” truck platooning, O’Rourke said.
   The earliest opportunity for implementation of automated driving technology is likely to be on highways, since that’s a much easier to puzzle to solve from a technical perspective than, say, urban areas, which contain a much higher level of variability, he said.
   That being said, there is currently no intent in the trucking industry in the short- or medium-term to remove drivers from the cab of the truck, according to Murray.
   However, there is still a lot of uncertainty when it comes to automated truck technology. Murray noted, for instance, that the commercial insurance industry does not know yet if this technology will drive up insurance premiums or lower them.
   It’s also unclear if the e-commerce boom will help or hurt autonomous trucks, he said. E-commerce has resulted in more truck trips, but they are shorter, and whether or not autonomous trucks will provide the same return on investment when in traffic in an urban area remains uncertain.
   According to Murray, tort law in the U.S. is going to say that no matter what the negligence and who is responsible, the liability is high and will spread far and wide. That legal environment could make carriers and drivers hesitant to be the first ones in on this technology, he said.
   Meanwhile, in September 2016, the NHTSA released its Federal Automated Vehicles Policy, which it said lays a path for the safe testing and deployment of new automotive technologies.
   U.S. Secretary of Transportation Elaine Chao said in June that the DOT is reviewing and updating this policy to incorporate feedback and improvements recommended by various stakeholders, and that the revised policy should be out in a few months, if not sooner.
    To learn more about the benefits of and challenges to the development and deployment of automated vehicle technology, see the American Shipper June feature story “The digital driver“.