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Multistate Coordination and Harmonization for AV Legislation (2024)

Chapter: NCHRP LRD 91: Multistate Coordination and Harmonization for AV Legislation

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Suggested Citation:"NCHRP LRD 91: Multistate Coordination and Harmonization for AV Legislation." National Academies of Sciences, Engineering, and Medicine. 2024. Multistate Coordination and Harmonization for AV Legislation. Washington, DC: The National Academies Press. doi: 10.17226/27867.
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Background State departments of transportation have a continuing need to keep abreast of operating practices and legal ele- ments of specific problems in highway law. The NCHRP Legal Research Digest and the Selected Studies in Trans- portation Law (SSTL) series are intended to keep depart- ments up-to-date on laws that will affect their operations. Foreword Over two-thirds of states in the United States have enacted automated vehicle (AV) legislation, an execu- tive order regarding AVs, or both. AV laws and regula- tions may differ for licensing, registration, operator requirements, equipment, insurance, and platooning, among others. A consistent deployment framework for AV technology and AV regulations among state, local, and tribal territories is necessary so AVs can operate seamlessly. This legal research digest provides guidance for multistate coordination and harmonization for AV legislation for Levels 3 through 5 vehicles. It presents the legal issues and barriers to national harmonization of state AV laws. This digest addresses the federal government’s role in AV legislation concerning deployment, the operation of a vehicle on public roads by members of the public who are not employees, contractors, or designees of a manufacturer or other testing entity. It identifies areas of exclusive jurisdiction and shared jurisdiction among federal agencies and states. The digest provides a review of AV legislation in all states and the District of Columbia and describes the differ- ences among stations in the following research areas: registration; vehicle licensing; licensing of operators and operator education/training requirements; vehicle inspection requirements; liability insurance for owners and operators; traffic laws unique to AV and those that should not apply to AV, including distinctions between personal use, commercial freight use, and public tran- sit; tort liability-personal injury and product liability; law enforcement, including accident reporting and investigation; cybersecurity; and privacy of collected vehicle data. This digest will be helpful to all involved in the deployment and management of AVs, including attorneys, policymakers, local, state, and federal per- sonnel, transportation practitioners, decision-makers, and stakeholders. Multistate Coordination and Harmonization for AV Legislation This digest was prepared under NCHRP Project 20-06, “Legal Problems Arising Out of Highway Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 26-03, Lisa Loftus-Otway and Susanna Gallun, Center for Transportation Research at the University of Texas at Austin, Austin, TX, prepared this digest. The opinions and conclusions expressed or implied in this digest are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. The responsible senior program officer is Gwen Chisholm Smith. JUNE 2024 NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM NCHRPLRD 91 LEGAL RESEARCH DIGEST

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Over two-thirds of states in the U.S. have enacted automated vehicle (AV) legislation, an executive order regarding AVs, or both. AV laws and regulations may differ for licensing, registration, operator requirements, equipment, insurance, and platooning, among others. A consistent deployment framework for AV technology and AV regulations among state, local, and tribal territories is necessary so AVs can operate seamlessly.

NCHRP Legal Research Digest 91: Multistate Coordination and Harmonization for AV Legislation, from TRB's National Cooperative Highway Research Program, provides guidance for multistate coordination and harmonization for AV legislation for Levels 3 through 5 vehicles. It also presents the legal issues and barriers to national harmonization of state AV laws and addresses the federal government’s role in AV legislation concerning deployment and the operation of a vehicle on public roads by members of the public who are not employees, contractors, or designees of a manufacturer or other testing entity.

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