Steering the Transition to Automated Vehicles in Australia: Current Status and Regulatory Changes Ahead

Automated vehicles (AV) (The term “automated vehicle”, abbreviated to “AV” is used throughout this chapter to refer to vehicles that are equipped with an automated driving system, abbreviated to “ADS”. Australian government agencies and regulators use the term “automated vehicle” rather than “autonomous vehicle”.) will drastically alter the experiences in transport and road safety in Australia. Not only will driverless technology remove human errors such as driver fatigue, speeding and driver distraction on Australian roads, it can also improve efficient road use and minimise congestion. Looking towards the existing success of driverless technology in the Australian mining industry (Darren Gray, Sydney Morning Herald (27 April 2019), No one behind the wheel: The new workforce driving Australia’s mines.) and the introduction of driverless trains as part of the Sydney Metro project in 2019 (NSW Government (19 February 2019), What does embracing technology mean for transport? https://www.sydneymetro.info/article/what-does-embracing-technology-mean-transport. Accessed 13 January 2023.), it is clear that the adoption of AV will bring significant advantages. However, Australian regulatory frameworks are not yet equipped to address all levels of AV. Existing laws regarding road safety are based on the concept of a human driver being in control of the vehicle. This fails to recognise the reality that in vehicles operating at high levels of automation a human driver will no longer control the vehicle. Currently only Level 0 to 2 AV (as defined under SAE J3016) (SAE International (April 2021), Surface Vehicle Recommended Practice J3016. An overview of the SAE Levels and their features is set out in the Table 1.1) are allowed to be driven on public roads in Australia. Even though Level 3 to 5 AV (as defined under SAE J3016) (SAE International (April 2021), Surface Vehicle Recommended Practice J3016.) are increasingly trialled in Australia, a comprehensive legislative reform is required before these AV can be commercially deployed at scale. This chapter gives an overview of the current regulatory framework and proposed legislative reforms in Australia with respect to conduct of trials, safety at first supply and in-service safety of Levels 0 to 5 AV.