Applicability of state and territory roadside enforcement powers to automated vehicles: report for the National Transport Commission
Year: 2021
Type: report
Abstract: This report is to assist the National Transport Commission (NTC) in considering the extent and adequacy of roadside enforcement powers in the context of automated vehicles (AVs). State and territory roadside enforcement officers will be at the frontline in dealing with increasing automation of the national vehicle fleet. The NTC has acknowledged that ‘the on-road operation of automated vehicles will create unique challenges for enforcement agencies.’ Current state and territory policing, road, and vehicle laws (including the Heavy Vehicle National Law (HVNL)) empower officers to interact with vehicles, drivers, and traffic for a range of purposes. These powers have developed over a century of regulation and policing of the motor vehicle. There are concerns that these powers will not be adequate to address ensure safety of an increasingly automated vehicle fleet. There are concerns about: • Powers to stop and interact with AVs. • Powers to investigate crashes involving AVs. • Powers to enforce road rules and vehicle compliance rules with AVs. • Powers to access information from AVs relating to data of automated driving functions. • Powers of roadside enforcement agencies to share and disclose vehicle information and data with other entities. • Difference in powers between the states and territories. This report provides a body of knowledge on the current state and territory roadside enforcement powers in the context of AVs. It was found that: • Powers to stop and interact with AVs are diverse. These powers are granted for specific purposes and are generally directed at the ‘driver’ of a vehicle. There are complexities and uncertainty how these powers will apply to AVs. There are also substantial differences in the extent and wording of the powers between the states and territories. • Powers to investigate crashes involving vehicles are well established and seem likely to be adequate to investigate crashes involving AVs. • Powers to enforce road rules and vehicle compliance rules with AVs are generally similar in the states and territories. A key issue is the existing distinction between light vehicles and heavy vehicles with the powers over heavy vehicles more expansive and adaptable to AVs. • Powers to access information from AVs relating to data of automated driving functions are also available in state and territory laws. These powers generally include powers to gather data from vehicles and from premises. The extent and scope of these powers differs across states and territories. Further, some of the powers are dependent on a ‘driver’ of a vehicle. • Powers of roadside enforcement agencies to share and disclose vehicle information and data with other agencies exist within state and territory laws. However, these powers are often limited to specific circumstances or to specific entities. There is not a nationally consistent framework for state and territory roadside enforcement agencies to share and disclose vehicle information and data.
Authors: Mark Brady, Kieran Tranter, Belinda Bennett
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3199514471