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Emerging Technology Law

To investigate and provide a forum for the discussion of legal and public policy issues arising from the identification, development, and application of emerging technology to transportation systems, including legal issues associated with the creation of appropriate public institutions, legal authority, procurement, contracting for innovation, data rights, public access to information, liability and risk allocation, public/private partnering, and related concerns.

A current focus of the Committee is on legal issues related to automated vehicles on public highways.  The Committee sponsored a workshop in July 2013 (see link below).  Documents related to legal issues of this emerging technology and on connected vehicles are posted in the "protected files" subpage below. 
 
Under the "Files" subpage link at the bottom of this welcome page are:
  1. Copies of proposed Research Needs Statements from the Committee's 2012 deliberations.
  2. A link to the May 2013 US Senate hearing on advanced vehicle technology.
  3. Materials on NHTSA's guidance to States on automated vehicles issued on May 30, 2013.
  4. A link to a spring 2013 Webinar sponsored by Telematics Update that includes a discussion of the possible NHTSA connected vehicle mandate in 2013-2014.  There is a detailed benefits analysis from Cisco and presentations from Toyota and Michigan DOT.
  5. The June 2013 AAA Foundation Study on distracted driving due to texting.
  6. The National Transportation Safety Board recommendations #4 and #5 to NHTSA urging standards for connected vehicles and requiring the technology on new vehicles.
  7. A copy from GovTech magazine of an August 2013 article on "6 Questions States Need to Ask About Self-Driving Cars".
  8. A copy of an article on aging drivers and self-driving cars.
  9. A copy of an Eno report on Autonomous Vehicles from October, 2013
  10. A copy of the GAO report on V2V vehicles from November, 2013 (GAO-14-13).
  11. A link to the November 19, 2013, US House hearing on autonomous vehicles.
  12. A listing of sessions at the January 2015 TRB Annual Meeting dealing with autonomous vehicles.
  13. A copy of the May 2014 California DMV Autonomous Vehicle testing regulations (replacing copy of draft regulations)
  14. A link to an extensive January 2014 Rand Corporation report on "Autonomous Vehicle Technology: A Guide for Policymakers".
  15. A link to the 2014 NHTSA announcement on next regulatory steps for connected vehicles.
  16. A link to a January 2014 presentation at TRB from Daniel Morton (MIT-SMART) on the financial benefits of self-driving cars.
  17. A copy of the Committee's RNS #7 submission on 2/10/2014 to NCHRP requesting a synthesis study of best practices for handling data from autonomous vehicles.
  18. A copy of an April 2014 white paper by the Brookings Institute "Products Liability and Driverless Cars".
  19. A copy of the Committee's consolidated research needs statements (RNS) approved January 2014.
  20. Copies of NHTSA's August 18, 2014 ANPRM on V2V requirements and its associated press release and technical report.
  21. Announcement of AVS15 in Ann Arbor, 21-23 July
  22. NYT BUSINESS DAY "Hands-Free Cars Take Wheel, and Law Isn’t Stopping Them" By AARON M. KESSLER MAY 2, 2015
  23. Announcement of MCity Test Bed and diagram Wash Post article, July, 2015
  24. Federal AV/CV Legislation "SPY Car Act" Wash Post article July 21, 2015
  25. Copy of Federal SPY Car Act, as introduced July 21, 2015.
  26. "Hacks on the Highway" in depth article Wash Post July 23, 2015
  27. Chrysler-Fiat NHTSA recall of hacked vehicles, NYT July 25, 2015
  28. "As-self-driving-cars-come-to-more-states-regulators-take-a-back-seat", Wash Post, August 28, 2015
  29. "Privacy and Connected Cars" Wassom Summer 2015 TRB Session
  30. TRB 2016 Annual Meeting- automated vehicle sessions.
  31. A Look at the Legal Environment for Driverless Vehicles, Santa Clara Law, October , 2015
  32. CA DMV Draft Regs for Automated Vehicles December 16 2015
  33. USDOT Foxx 2016 Automated Vehicle Funding and Policy Commitments, January 14, 2016
  34. NHTSA Chief Counsel Response to Google Qs on "Driver" for Self-driving cars February 4, 2016
  35. Link to 3/15/16 Senate Hearing on Automated Vehicles http://www.commerce.senate.gov/public/index.cfm/2016/3/hands-off-the-future-of-self-driving-cars.  File contains Reuters article on hearing.  Link will take you to 2 hour video of entire hearing.
  36. Univ. of Wash undated study "Autonomous Vehicle Law Report and Recommendations to the ULC"
  37. Review of Federal Motor Vehicle Safety Standards (FMVSS) for Automated Vehicles (3/16)
  38. "HOW GOVERNMENTS CAN PROMOTE AUTOMATED DRIVING", Bryant Walker Smith, March 16, 2016
  39. "Fault Lines- How AV Can Open Up New Roads to Liability Law", Law 360 , March 21, 2016
  40. "White Paper: Automated Driving and Platooning Issues and Opportunities", ATA TMC, September, 2015
  41. TCR Study Topic 17-01, IMPACT OF THE AMERICANS WITH DISABILITIES ACT ON TRANSIT AGENCY LIABILITY;Price range:  $40,000.$45,000. firm fixed price.     TCRP J-5, Study Topic 17-02, LEGAL IMPLICATIONS OF VIDEO SURVEILLANCE ON TRANSIT SYSTEMS; Price range:  $40,000.$45,000. firm fixed price.  TCRP J-, STUDY TOPIC 17-03 LEGAL CONSIDERATIONS IN RELATIONSHIPS IN BETWEEN TRANSIT AGENCIES AND RIDE-SOURCING SERVICE PROVIDERS; Price range:  $40,000.$45,000. firm fixed price. Please note that the deadline for submitting proposals is May 16, 2016
  42. GAO Study on Vehicle Cyber Security, March 2016
  43. MDOT staff summary of package of bills introduced in the Michigan Senate that would explicitly legalize automated-vehicle use on Michigan roads, May 2016
  44. Toyota ppt summary of joint AV safety activities, May 2016.
  45. How State DOT's are using Unmanned Aerial Systems (UAS), link to AASHTO website.
  46. Plaintiffs Lawyers Say Feds 'Asleep at the Wheel' on Driverless Cars, August 12, 2016
  47. Federal officials plan aggressive approach to driverless cars, Washington Post, September 20, 2016
  48. NHTSA/USDOT DOT/NHTSA Policy Statement of Policy Concerning Automated Vehicles (This is the 2 page early 2016 UPDATE to “Preliminary Statement of Policy Concerning Automated Vehicles” from 2013), 2016
  49. USDOT AV policy guidance PDF 092016 (110 pages)
  50. DOT AV Policy Fact Sheets 092016
  51. NHTSA Cybersecurity Best Practices, October 24, 2016
  52. NHTSA Connected Vehicle NPRM December 2016
  53. NHTSA AV factsheet modern regulatory tools.pdf
  54. NHTSA AV factsheet model state policy.pdf
  55. NISTIR 8062 An Introduction to Privacy Engineering and Risk Management in Federal Systems
  56. Proposed EU Single Digital Market ePrivacy Directive 011017
  57. ITSA Fair Information Privacy (undated).pdf
  58. TRB 2017 AM Bamonte- Privacy.pptx
  59. TRB 2017 AM Stepanovich-  Cars and Crypto.pptx
  60. TRB 2017 AM Boustead- Law enforcement and Privacy    
  61. Trump White House EO on 2 for 1 Regulations 013017
  62. A Look at the Legal Environment for Driverless Vehicles, Glancy et al, 2017
  63. AASHTO Study Challenges to CV and AV Truck Applications 0417
  64. Senate Commerce Hearing 061417- AAM, ACM, MADD
  65. National Conference of State Legislators State AV Laws June 2017 
  66. HR 3388 "Self-Drive Act" as reported HEC 072717
  67. HR 3388 "Self Drive Act" as passed House 090617.
  68. State NGO concerns about HR 3388 090517
  69. Tesla Florida Type 2 car/truck crash, Washington Post, 9/12/17
  70. USDOT AV Policy 2.0: Automated Driving Systems: A Vision for Safety 091217 doc and FR
  71. Statement Concerning Vehicle-to-Vehicle Communications from ITSA, ITE, AASHTO  11/1/17
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Ricky Hashamah,
Jul 21, 2015, 1:40 PM