A Short Primer on Autonomous and Connected Vehicle Regulation

McDermott Will & Emery
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This article briefly introduces the emerging regulatory framework for autonomous and connected vehicles in the US and in certain key jurisdictions around the world, with particular emphasis on regulations pertaining to privacy and cybersecurity. Much of this framework consists of laws of general application that extend to autonomous and connected vehicles as a result of the data, especially personally identifiable data, that these vehicles collect and process in large quantities. Increasingly, the framework also includes laws, regulations, and guidance focused specifically on vehicle autonomy. We begin with a discussion of the regulatory environment in the US, both at the federal and state level, and then turn to non-US jurisdictions, including the EU, China, and Japan.

Regulation in the US -

Federal -

NHTSA Guidance -

The National Highway Traffic Safety Administration (NHTSA) has long been responsible for promulgation and enforcement of the Federal Motor Vehicle Safety Standards. In September 2017, it issued A Vision for Safety 2.01, which updated the voluntary guidance for automated and selfdriving vehicles released by the Obama administration in September 2016 (the NHTSA Guidance). The NHTSA Guidance focuses on the highest levels of vehicle automation, which include systems with no-to-minimal human interaction or performance of driving related tasks. It is divided into two sections. The first offers voluntary guidelines for the autonomous vehicle industry in designing best practices for testing and deployment of autonomous vehicles. The second clarifies federal and state roles in the regulation of autonomous vehicles and provides state legislatures with suggestions for developing best practices on how to safely foster the development and introduction of automated technologies onto public roads.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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