大成（Dentons）：2020年全球自動駕駛指南（英文版）（92頁）.pdf

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1、Global Guide to Autonomous Vehicles 2020 1 Global Guide to Autonomous Vehicles 2020 Global Guide to Autonomous Vehicles 2020 3 Contents 04 Executive Summary Australia 09 Regulatory overview 12 Driverless vehicle testing and deployment 13 Liability 13 Data privacy and security 14 Telecommunications a

2、nd 5G Canada 17 Regulatory overview 19 Driverless vehicle testing and deployment 21 Liability 23 Data privacy and security 25 Telecommunications and 5G China 29 Regulatory overview 32 Driverless vehicle testing and deployment 34 Liability 34 Data privacy and security 36 Telecommunications and 5G Ger

3、many 39 Regulatory overview 45 Driverless vehicle testing and deployment 46 Liability 47 Data privacy and security 48 Telecommunications and 5G New Zealand 51 Regulatory overview 52 Driverless vehicle testing and deployment 54 Liability 56 Data privacy and security 58 Telecommunications and 5G Unite

4、d Kingdom 61 Regulatory overview 62 Driverless vehicle testing and deployment 64 Liability 64 Data privacy and security 67 Telecommunications and 5G United States 69 Regulatory overview 74 Driverless vehicle testing and deployment 82 Liability 83 Data privacy and security 85 Telecommunications and 5

5、G 4 Global Guide to Autonomous Vehicles 2020 Introduction As consumers and businesses eagerly anticipate a future in which next-generation autonomous vehicles (AVs) change the definition of mobility as we know it, global automakers and technology companies are investing heavily in AV research and de

6、velopment. Simultaneously, the laws and regulations governing the technology and its deployment are rapidly evolving and becoming increasingly complex, leaving unanswered questions around safety, liability, privacy and security. Drawing on the knowledge and resources of its global, multidisciplinary

7、 Autonomous Vehicles practice, Dentons “Global Guide to Autonomous Vehicles 2020” dissects the front-burner policy issues, legislative and regulatory changes, new legal precedents and leading global trends shaping the sector. In particular, the guide focuses on the following seven countries whose go

8、vernments or automotive and technology industries have taken unique approaches to supporting the nascent autonomous vehicles industry: Australia Canada China Germany New Zealand United Kingdom United States For each country, the report examines five key areas: regulatory landscape; driverless vehicl

9、e testing and deployment; liability; data privacy and security; and telecommunications and 5G. Key findings Governments around the globe, both large and small, must answer the complex technical, legal and regulatory questions plaguing full autonomy. Some of the key findings across the globe include:

10、 Australia requires significant investment to upgrade its infrastructure, including communications and data access. Some municipalities are actively working toward this effort with defined plans of action and budget estimates. Ontario leads testing and development of AV technology in Canada, while t

11、he federal government has focused on ensuring consistency across all jurisdictions. The Chinese government has taken multiple steps to prepare national infrastructure for autonomous vehicles, including defining action plans, publicly soliciting opinions on strategy, promoting relevant research and p

12、reparing the streets for autonomous transit. Germany has established a national strategy for AVs but its federated structure may threaten consistency at the country level. The New Zealand government encourages the testing of semi and fully autonomous vehicles, as well as other transport technologies

13、 and innovations in order to facilitate early adoption of beneficial technology. Recognizing a communications framework will be essential for AVs, the U.K. has developed a focused strategy to become a global leader in 5G technology, including spectrum allocation. Executive Summary Global Guide to Au

14、tonomous Vehicles 2020 5 In the United States, there is no federal regulatory framework currently in place to address autonomous vehicle testing and deployment. As a result, testing and deployment is regulated by a patchwork of state- centric laws. Forty states and the District of Columbia have eith

15、er passed autonomous vehicle legislation or are operating under executive orders. We hope that Dentons Global Guide to Autonomous Vehicles provides you with a closer look at the developing political and legal landscape for autonomous vehicles, and the specific opportunities and challenges across key

16、 areas that will define the global mobility revolution. For more updates to help you stay connected, click here to subscribe and to our autonomous vehicles blog, The Driverless Commute, to get the latest developments sent straight to your inbox. Please also be on the lookout for our Global Testing a

17、nd Deployment Guide to Autonomous Vehicles, coming soon. This interactive online tool will provide effortless access to key self-driving regulations worldwide and even allows users to create custom comparison charts across multiple jurisdictions. This guide is provided for informational purposes onl

18、y, and does not constitute advice or guidance. If you have questions regarding any of the covered countries, the guide includes the names and contact details of local lawyers and professionals who are able to assist. If you have questions of a more general nature, about the guide or the sector overa

19、ll, please feel free to contact our Autonomous Vehicles practice leader via email at . 6 Global Guide to Autonomous Vehicles 2020 Overview Australia At present the National Transport Commission (NTC) is working towards creating an end to end regulatory system that will allow for the safe, commercial

20、 deployment of automated vehicles in Australia. As part of that effort, the NTC is currently analyzing options and issues in relation to changing driving laws to support automated vehicles. Canada In Canada, autonomous vehicles are subject to regulation at all three levels of government: (i) federal

21、; (ii) provincial and territorial; and (iii) municipal. At present most of the regulatory activity is concentrated at the federal level; in the provinces of British Columbia, Ontario and Quebec; and in a few municipalities. Overall, the government of Canada remains optimistic about the future of aut

22、onomous transport while also operating cautiously to ensure its rollout is safe and widely beneficial. China The Ministry of Industry and Information Technology, Ministry of Public Security and Ministry of Transport on April 3, 2018, promulgated the Regulations on the Administration of Road Testing

23、of Autonomous Vehicles (for Trial Implementation) to advance the transformation, upgrading and innovation of transportation, and to regulate the administration of road testing of autonomous vehicles. Global Guide to Autonomous Vehicles 2020 7 Germany Overall, the German federal government welcomes f

24、urther developments in the field of autonomous driving. Its aim is to strengthen the German economic position in this sector. In its “Strategy for Automated and Connected Driving,” which was formulated in 2015, Germany has set the goal of ensuring that Germany remains the “lead supplier for automate

25、d and connected vehicles” and becomes the “lead market.” The introduction of autonomous vehicles into public road traffic is to be facilitated in particular, by adapting the legal situation. New Zealand Neither the Land Transport Act 1998 (LTA) nor any of the Land Transport Rules specifically regula

26、te the use of autonomous vehicles. In addition, nothing in either the LTA or any of the Land Transport Rules expressly prohibits or restricts the use of autonomous vehicles once they are registered and licensed. However, broadly speaking, autonomous vehicles must comply with the requirements of both

27、. United Kingdom The government believes that connected and automated vehicles can change the way people travel, making transport safer, smoother and more accessible to those with mobility issues. By working closely with industry, academia and regulators, the government aims to make the UK a premier

28、 development location for connected and automated vehicles. United States The United States does not have a federal regulatory framework currently in place to address autonomous vehicle testing and deployment. As a result, testing and deployment is regulated by a patchwork of state-centric laws. Tha

29、t patchwork is made up of 40 states and DC that have either passed autonomous vehicle legislation or are operating under executive orders. 8 Global Guide to Autonomous Vehicles 2020 Australia Global Guide to Autonomous Vehicles 2020 9 Regulatory overview In Australia, each state and territory has en

30、acted its own road safety laws. That is, road safety is not regulated by a harmonized federal (i.e., Australia-wide) law. Moreover, each region has separate regulatory agencies/authorities as seen below. RegionAgency Australian Capital Territory (ATC) Road Transport Information Management Transport

31、Canberra New South Wales (NSW) Transport for NSW Roads and Maritime Services Northern Territory (NT) Department of Lands, Planning and the Environment Northern Territory Department of Transport QueenslandDepartment of Transport and Main Roads South Australia (SA) Department of Planning, Transport an

32、d Infrastructure TasmaniaDepartment of State Growth Victoria (VIC) Transport for Victoria VicRoads Western Australia (WA) Department of Transport Main Roads Western Australia In order to address the inconsistencies between the various states and territories, the National Transport Commission (NTC)1

33、introduced the Australian Road Rules (ARRs) to unify the nations road safety laws. The ARRs are model laws which have been implemented in each state and territory. 1 The NTC is an independent advisory body responsible for the productivity, safety and environmental performance of Australias road, rai

34、l and intermodal transport systems. 10 Global Guide to Autonomous Vehicles 2020 The NTC has implemented a regulatory roadmap in phases to ensure different levels of automation may be commercially deployed. Relevantly: In November 2016, Australian transport ministers agreed to a phased reform program

35、 so that conditionally automated (i.e., SAE Level 3) vehicles could operate safely and legally on Australian roads before 2020, and highly and fully automated vehicles from 2020. In May 2017, the guidelines for trials of automated vehicles in Australia and accompanying policy paper were released fol

36、lowing approval by transportministers. In May 2018, the Safety Assurance for Automated Driving Systems Consultation Regulation Impact Statement was released. In March 2019, the House of Representatives Standing Committee on Infrastructure, Transport and Cities released its final committee report Inn

37、ovating Transport across Australia. In November 2018, theSafety Assurance for Automated Driving Systems: Decision Regulation Impact Statement was released following approval by transport and infrastructureministers. In November 2019, the NTC released its National Transport Reform Implementation Moni

38、toring Report. In November 2017, theNational Enforcement Guidelines for Automated Vehicles (Guidelines) and accompanying policy paper were released following approval by transportministers. In October 2017, the NTC consulted on the discussion paper “Changing driving laws to support automated vehicle

39、s,” which seeks to clarify how current driver and driving laws apply to automated vehicles and who would be legally responsible for theiroperation. In October 2019, the NTC released its Automated Vehicle Program, which incorporates the work completed to date, further planned reform and interaction w

40、ith otheragencies. At present the NTC is working towards creating an end to end regulatory system that will allow for the safe, commercial deployment of automated vehicles in Australia. As part of that effort, the NTC is currently analyzing options and issues in relation to changing driving laws to

41、support automated vehicles. Global Guide to Autonomous Vehicles 2020 11 While a handful of political leaders have taken in interest in autonomous transit, Hon Michael McCormack MP (Deputy Prime Minister)2 and Paul Fletcher (Minister for Communications, Cyber Safety and the Arts)3 have been particula

42、rly outspoken about preparing Australia for the autonomous revolution. Hon Michael McCormack Party leader of the National Party of Australia Getting Australians home sooner and safer is a core focus of our government, and the emergence of automated vehicles represents a significant opportunity to re

43、alize safety and productivity benefits while supporting Australian industry and innovation. Paul Fletcher Minister for Communications, Cyber Safety and the Arts This is an important time for industry and government collaboration, as we need to ensure a clear path for network deployment and allocatio

44、n of spectrum is developed to enable an efective 5G future that will benefit Australian business and society while keeping Australia at the forefront of next generation mobile telecommunications. Additionally, Australias transport ministers, through the COAG Transport and Infrastructure Council, hav

45、e agreed on the strategic priority of preparing for the deployment of automated vehicles and other innovative transport technologies. The Council has agreed to a program of national work, which is being implemented collaboratively by the Australian, state, and territory governments, as well as inter

46、governmental organizations such as Austroads and the National Transport Commission. 4 2 3 4 https:/www.infrastructure.gov.au/transport/automatedvehicles/preparing-for-automated-vehicles.aspx 12 Global Guide to Autonomous Vehicles 2020 That being said, significant investment needs to be made to upgra

47、de infrastructure, including communications and access to data. Municipalities have taken a leading role in that effort. For example: NSW has implemented a “Connected and Automated Vehicles Plan”5 ; and VIC has released advice indicating that while Victoria is well placed for the roll out of new veh

48、icles, significant investment will be required to fully maximize their potential.6 This includes: Up to $1.7 billion to upgrade mobile networks Around $250 million for improved line markings on roads At least $2.2 billion for energy network upgrades. Driverless vehicle testing and deployment Trialin

49、g of driverless vehicles is permitted in Australia upon grant of a relevant permit from each relevant state/territory. Generally, “trial permits” are granted on a case-by-case basis. Certain states (such as Victoria) require the application for a trial permit to prepare a safety management plan that complies with NTC guidelines. Regardless of jurisdiction, appropriate safety hardware/software must be established in a safety management plan that complies with NTC guidelines. Whether or not vehicles must