National Transport Commission Submission to Infrastructure Victoria

Transcription

1 National Transport Commission Submission to Infrastructure Victoria Automated and zero emission vehicles March 2018

2 Submission outline 1 Introduction The purpose of this submission 3 About the NTC The NTC s automated vehicles program Reform roadmap to support automated vehicles in Australia Current automated vehicle projects in Australia Overview of the NTC s automated vehicle projects 8 National guidelines for automated vehicle trials 8 Safety assurance system for automated vehicles 8 National enforcement guidelines to clarify control 8 Changing driving laws to support automated vehicles 8 Regulating government access to C-ITS and automated vehicle data 8 Compulsory third party insurance review 9 2 NTC comments on proposed target outcomes and areas of focus Target outcomes for the state that automated and zero emission vehicles could contribute to achieving in Victoria 10 Infrastructure Victoria has identified the following target outcomes for Victoria that it could seek to achieve through the introduction of automated and zero emission vehicles: Areas of focus 11 Technology development 11 Interface with the physical infrastructure 11 Digital infrastructure 12 Changes to travel and land use patterns 12 Public acceptance and government policy 12 Environmental and human health impacts Research and Evidence 13 3 Conclusions 14 2

3 1 Introduction 1.1 The purpose of this submission The National Transport Commission (NTC) welcomes the opportunity to respond to Infrastructure Victoria s consultation to develop advice for the Victorian Government on the infrastructure required to enable the implementation of automated and zero emission vehicles. This submission focusses on automated vehicles. The NTC has a comprehensive national reform program, which aims to put end-to-end regulation in place by 2020 to support the safe, commercial deployment and operation of automated vehicles at all levels of automation. The Transport and Infrastructure Council, which comprises federal, state and territory transport, infrastructure and planning ministers agreed this aim at its November 2017 meeting. The NTC does not intend to comment in detail on the subject of zero emission vehicles. We do publish an annual information paper on Carbon Dioxide Emissions Intensity for New Australian Light Vehicles 1 which includes figures on electric vehicles. As with automated vehicles, any approaches to zero emission vehicles should aim to ensure national consistency and international alignment, whilst allowing for a range of potential future technologies. About the NTC The NTC is an independent advisory body charged with improving productivity, safety, environmental outcomes and regulatory efficiency across Australia s road, rail and intermodal transport systems with an aim to achieve national transport reform. As an independent statutory body, the NTC develops and submits reform recommendations for approval to the Transport and Infrastructure Council, which comprises federal, state and territory transport, infrastructure and planning ministers. 1.2 The NTC s automated vehicles program The NTC has a comprehensive reform program aimed at putting end-to-end regulation in place by 2020 to support the safe, commercial deployment and operation of automated vehicles at all levels of automation. In November 2015 the NTC was asked by the Transport and Infrastructure Council to identify the regulatory barriers to more automated vehicles. Since late 2015, the NTC has worked with Commonwealth, state and territory governments, Austroads and industry and consumer groups to identify and address regulatory barriers and policy issues associated with increasingly automated vehicles. The NTC aims to implement nationally consistent regulation of automated vehicles. This will reduce the barriers to entry for companies developing this technology and ensures automated vehicles can be utilised to their full potential across state borders. National consistency is critical to ensure that Australia remains one market for road vehicles. Alignment with international approaches to automated vehicles will also help ensure that Australian consumers can access the latest global vehicle technology. In November 2016, the Transport and Infrastructure Council endorsed an initial program of phased reform (Table 1, pg. 4). This timing has been based on key assumptions we have tested with industry through consultation. These assumptions are that: Demand to trial different levels of driving automation on public roads is already occurring and is expected to increase significantly in the next two to three years. 1 Available at 3

4 Commercial deployment of increasingly automated vehicles that still require a human driver is expected by Large-scale commercial deployment of automated vehicles that do not require a human driver (for some, or the entire journey) is expected after A phased reform program is the flexibility for the NTC as new technologies emerge and the market develops. Our reforms are examining more performance-based approaches to regulation to take into account the uncertain and evolving nature of the technology. We align our work program with those of the Department for Infrastructure, Regional Development and Cities (DIRDAC) and Austroads, to deliver automated vehicles policy that is comprehensive. 1.3 Reform roadmap to support automated vehicles in Australia In November 2016 all Australian transport ministers endorsed the NTC policy paper which made eight recommendations. Some timeframes have been adjusted since the original recommendations were endorsed. Table 1: Policy reforms endorsed by the Transport and Infrastructure Council in 2016 NEAR-TERM REFORMS Outcomes Recommended actions Lead agency Timeframe/Status Government support of on-road trials of automated vehicles for all levels of automated driving 1. That the NTC and Austroads develop national guidelines for on-road field testing and trials of automated vehicles in Australia. 2. That state and territory road and transport agencies and the National Heavy Vehicle Regulator (NHVR) undertake a review of current exemption powers to ensure they have sufficient powers to undertake and manage on-road trials of automated vehicles, including in relation to vehicle standards, road rules and driver licensing requirements, and to review how cross-border trials could be managed. The NTC, in partnership with Austroads State and territory road and transport agencies and the NHVR to undertake reviews, and the NTC to report progress to the Transport and Infrastructure Council. Early 2017 to May 2017 (Complete) Early 2017 to 2018(In progress) Certainty for industry and governments as to: (1) who is in control of an automated vehicle (2) how enforcement agencies will apply the proper control requirement in the road rules to all levels of driving automation 3. That the NTC develops national enforcement guidelines that clarify regulatory concepts of control and proper control for partial, conditional, highly and fully automated vehicles. The NTC should develop guidelines that have regard to international standards and best practice and in collaboration with state and territory road, transport and police agencies and public prosecutors. 4. That Australian transport ministers agree to reaffirm the existing policy position that: 4.1 The human driver remains in full legal control of a vehicle that is partially or conditionally automated, unless or until a new position is developed and agreed (in alignment with recommendation 3). 4.2 The human driver of a partially or conditionally automated vehicle should only undertake non-driving tasks currently permitted by the road rules and existing enforcement policies and guidelines, unless or until a new position is developed and The NTC Transport and Infrastructure Council Early 2017 to November 2017 (Complete, but possibility of update following driving laws reform) November

5 MEDIUM-TERM REFORMS agreed (in alignment with recommendation 3), or an exemption is provided by a road agency. Outcomes Recommended actions Lead agency Timeframe/Status A complete regulatory framework to support the safe commercial operation of highly and fully automated vehicles 5. That the NTC develops recommendations for ministers to establish a national safety assurance system for the safe operation of highly and fully automated vehicles. The NTC should develop recommendations in collaboration with the Commonwealth Department of Infrastructure and Regional Development and state and territory road and transport agencies. 6. That the NTC develops legislative reform options to clarify the application of current driver and driving laws to automated vehicles, and to establish legal obligations for automated driving system entities. The NTC November 2018 The NTC (In progress) Early 2017 to May 2018 (In progress) LONG-TERM REFORM 7. That state and territory governments undertake a review of compulsory third-party and national injury insurance schemes to identify any eligibility barriers to accessing these schemes by occupants of an automated vehicle, or those involved in a crash with an automated vehicle. That, subject to the review of insurance schemes, each state and territory government amends its compulsory third-party insurance schemes in close consultation with each other and industry, and that the resulting reforms are nationally consistent wherever possible. States and territories to undertake reviews, and the NTC to report progress to the Transport and Infrastructure Council 2018 (In progress) Outcomes Recommended actions Lead agency Timeframe/Status A regulatory framework to support the safe operation of highly and fully automated vehicles The Commonwealth Government should continue with the current approach of engaging with the United Nations Working Party 29 and harmonising ADRs with international vehicle standards. No immediate actions are required by the Transport and Infrastructure Council. Commonwealth Department of Infrastructure and Regional Development Ongoing CLARIFY THEN REFINE Outcomes Recommended actions Lead agency Timeframe/Status Regulation of government access to automated vehicle data to achieve road safety and network efficiency outcomes, efficient enforcement of traffic laws and sufficient privacy protections for users 8. That the NTC develops options to manage government access to automated vehicle data, having regard to achieving road safety and network efficiency outcomes and efficient enforcement of traffic laws, balanced with sufficient privacy protections for automated vehicle users. The NTC May 2019 (In progress) 5

6 1.4 Current automated vehicle projects in Australia The NTC is working with all state and territories as well as the Commonwealth Government through the Austroads C-ITS and Automated Vehicle Steering Committee and on the NTC Automated Vehicle Regulatory Advisory Group. Australia is also engaging with the United Nations Economic Commission for Europe (UNECE) Inland Transport Committee which is examining regulatory issues and options for more automated vehicles. Figure 1 (p. 7) illustrates current and future work being undertaken by the Commonwealth, NTC and Austroads and state and territories. The diagram categorises automated vehicle initiatives based on regulatory, operational or trials/demonstrations themes. 6

7 Figure 1: Current and future initiatives undertaken by governments to support automated vehicles. 7

8 1.5 Overview of the NTC s automated vehicle reforms National guidelines for automated vehicle trials Highly or fully automated vehicles cannot legally operate on public roads due to existing legal barriers. Organisations seeking to run automated vehicle trials require state road agencies to provide exemptions from these legislative obligations. The NTC s Guidelines for trials of automated vehicles in Australia were approved by transport ministers in May The Guidelines provide a flexible approach to trials, whilst maintain safety standards and ensuring nationally consistent conditions. Trials of automated vehicles are occurring across a number of jurisdictions, and South Australia 2, New South Wales 3 and Victoria 4 have all introduced legislation to permit trials. Trial outcomes will help inform future policy for both regulation and infrastructure. Safety assurance system for automated vehicles The community expects governments will have a role in ensuring automated vehicles are safe. The NTC was tasked with developing a regulatory process to ensure that automated vehicles operate safely on Australian roads. In November 2017, the Council approved the development of a safety assurance system for automated vehicles based on mandatory self-certification in the interim period, until international standards are developed. A regulation impact statement (RIS) is being prepared for public consultation to seek the views on policy options to address the safety risks associated with deploying vehicles with automated driving systems. We will submit the RIS to the Council for decision in November National enforcement guidelines to clarify control The purpose of this project was to develop national enforcement guidelines that clarify regulatory concepts of control and proper control for different levels of driving automation. We delivered the national enforcement guidelines in November 2017 but note that changes made through the driving laws reform may require the national enforcement guidelines to be updated. Police agencies will now incorporate the guidelines in operational policies and procedures to apply the road rules to automated vehicles. Changing driving laws to support automated vehicles The NTC has begun working on legislative reform options to clarify the application of current driver and driving laws to automated vehicles and to establish legal obligations for automated driving system entities. In October 2017 we released a discussion paper seeking public feedback on how Australian governments should amend driver laws to facilitate the introduction of automated vehicles. Feedback from consultation has been used to develop reform options for the Transport and Infrastructure Council meeting in May Regulating government access to C-ITS and automated vehicle data The NTC is currently in the planning stage of a project to develop options to manage government access to automated vehicle data. The aim is to balance road safety and network efficiency outcomes and efficient enforcement of traffic laws with sufficient privacy protections for automated vehicle users. 2 Motor Vehicles (Trials of Automotive Technologies) Amendment Act 2016 (SA). 3 Road Transport Act 2013 (NSW), pt Road Safety Amendment (Automated Vehicles) Act 2018 (VIC). 8

9 A discussion paper for this project is expected to be released in September Compulsory third party insurance review The NTC is supporting states and territories to review compulsory third-party and national injury insurance schemes to identify any eligibility barriers for occupants of an automated vehicle, or those involved in a crash with an automated vehicle. Subject to the advice of Treasury and Finance portfolios, we will submit reform options to the Council in November

10 2 NTC comments on proposed target outcomes and areas of focus Infrastructure Victoria has highlighted some specific issues around infrastructure for automated and zero emission vehicles. Some of these areas are outside the scope of the NTC work, but comments have been made below, where appropriate. 2.1 Target outcomes for the state that automated and zero emission vehicles could contribute to achieving in Victoria Infrastructure Victoria has identified the following target outcomes for Victoria that it could seek to achieve through the introduction of automated and zero emission vehicles: Improve safety and public health Improve transport system performance and accessibility Improve mobility options Improve access to jobs and services Enable optimal land use Decrease carbon emissions Decrease air and noise pollution Improve reliability and sustainability of energy systems Support the productivity and growth of the Victorian economy Do you think there are any other outcomes that automated and zero emission vehicles could contribute to achieving in Victoria? The NTC has recognised that automated vehicles offer the possibility of fundamentally changing transport and society by reducing road congestion and improving road safety, mobility and freight productivity. In addition to those listed above, automated vehicle may support the growth of new industries and services. Do you consider any of these outcomes to be more important than others? The NTC contributes to achieving national reform priorities that are agreed by Council. Our reforms are objectively assessed against the following strategic objectives: improve transport productivity improve environmental outcomes support a safe transport system improve regulatory efficiency We consider that the outcomes identified by Infrastructure Victoria align closely with these goals and in particular Improving transport system performance and accessibility and Improving safety and public health. These goals relate directly to the NTC s strategic objectives of improving transport productivity and supporting a safe transport system, and they also reflect outcomes the NTC is working towards through the Safety assurance system for automated vehicles and Changing driving laws to support automated vehicles projects. Safety has been a focus of the NTC s automated vehicles work. Automated vehicles provide an opportunity to significantly reduce the number of deaths and injuries on Australia s roads. 10

11 2.2 Areas of focus Infrastructure Victoria has identified the following areas of focus for the introduction of automated and zero emission vehicles: Technology development Levels of sharing and ownership Interface with physical infrastructure Digital infrastructure Changes to travel and land use patterns Energy supply and charging capacity Public acceptance and government policy Environmental and human health impacts Economic impacts Social consequences and opportunities In this submission, the NTC will focusing on technology development, interface with physical infrastructure, digital infrastructure, changes to travel and land use patterns, public acceptance and government policy, and environmental and human health impacts. The NTC has chosen to address these areas specifically as they are most likely to be affected by, or have an effect on, the NTC s work on automated vehicles. Technology development Safety, productivity, mobility and environmental gains have all been identified as potential benefits of more automated vehicles by the NTC. However, to achieve these outcomes, the technology must be tested in many different environments. Ensuring the technology can perform in Australian is crucial to federal, state, territory and local governments who aim to ensure safety and to the public as users. For example, ensuring that vehicle system can read Australian road markings and signage are adequate or that movement projection algorithms can accurately predict the actions of a kangaroo. Trials in Australia will help to ensure these outcomes are achieved and the NTC s National trial guidelines and the subsequent legislative implementation by states ensure that Australia is an appealing trial location for the industry. Current projects being completed by Austroads explore the changing technology landscape and the implications it will have on infrastructure requirements in Australia. In particular, the project Implications of In-Vehicle Sign Recognition on Road Operators (CAV6056) discusses the possible infrastructure needs of automated vehicles in regard to sign recognition. The technology mix and commercial deployment models for automated vehicles are still uncertain. Government approaches to both regulation and infrastructure should be careful not to assume a certain technology mix, set of applications, ownership model or commercial deployment model. Automated vehicle applications, including platooning, may provide safety, productivity and environmental benefits for freight. Significant automation already occurs within ports and mine sites. Approaches to infrastructure should take into account the needs of freight and existing laws regulating freight transport. Interface with the physical infrastructure The NTC is working toward a phased introduction of regulation for different levels of automation with conditional automation expected to be ready for deployment in 2020 and high to full automation after The infrastructure needed to support highly automated vehicles will likely be more widespread and significant than that initially needed for conditional automation in At this stage, there does not appear to be a common set of infrastructure requirements from the automotive technology industry to allow for more automated vehicles. Some companies have indicated that they will work with existing infrastructure, whilst others have indicated that automated 11

12 technology may initially only be viable where there is consistent, high quality road infrastructure, including line-markings, signage and potentially vehicle-to-infrastructure communication. The NTC encourages Infrastructure Victoria to work together with Austroads and infrastructure bodies nationally to ensure that consistent infrastructure standards are used to support automated vehicles across state borders. Australia must also monitor the development of international infrastructure standards to ensure that Australia is able to access the global market in automated vehicles. Digital infrastructure The NTC is currently researching the powers of law enforcement to access connected intelligent transport systems (C-ITS) and automated vehicle data. This includes investigation into whether data created would be personal data and how it would be protected under current privacy law. Austroads is currently examining Road Operator Data to Support Connected and Automated Driving, which will provide advice on data requirements for connected and automated vehicles. There is an indication from industry that for automated vehicles to be most efficient they need highly detailed mapping of the operational design domain. At this stage manufacturers are working on their own maps of testing areas overseas. However there may be a need for governments to provide certain data that they control, including speed zone, road closure and roadwork information. Changes to travel and land use patterns Automated vehicles will introduce new options for people in how they travel. As higher levels of automation become available, uses of the technology will broaden and we may see changes in travel patterns. It is too early to predict how travel patterns may change, but governments will need to monitor and plan for these changes, which could include negative effects such as reduced active travel, greater congestion and increased urban sprawl. Public acceptance and government policy The NTC has a goal to have a nationally consistent regulatory framework in place before automated vehicle technology is ready for deployment, likely in Clear regulation, in particular on safety, is aimed to ensure reliable technology is deployed in Australia, which should increase public acceptance. The NTC has developed national guidelines for automated vehicle trials in Australia. Trials provide an opportunity to demonstrate that the technology and vehicle systems operate safely in the Australian road environment. They can allow the general public to experience the technology first hand and increase awareness and trust. For example, trials in Western Australia and the Northern Territory have raised public awareness and acceptance of automated vehicles. In August 2016, RAC WA commenced a three stage trial of a Navya automated electric shuttle bus in Perth that provides the public with an opportunity to try this technology 5. In 2017 the Northern Territory Government launched a trial deployment of an EasyMile EZ10 automated shuttle at the Darwin Waterfront. The trial was made up of two stages, the first offering transportation along a public road linking dining, retail and recreational locations, and the second offering taking passengers around a pedestrian environment between tourist destinations and retail locations. The six month trial concluded in November In this case, a popular route and highly visible vehicle have encouraged public engagement with the technology 6. 5 Details of the Perth trial are available at 6 Details of the Darwin trial are available at 12

13 Environmental and human health impacts In the policy paper Assuring the safety of automated vehicles released by the NTC in November 2017, the NTC noted that all stakeholders, including vehicle manufacturers, supported the idea that automated vehicles should result in safer outcomes on the road than conventional vehicles. Currently over 1200 Australians die on our roads every year, with thousands more injured. It is estimated that 90% of these crashes are caused by human error. 7 Automated vehicles provide an opportunity to significantly reduce road trauma in Australia. 2.3 Research and Evidence Infrastructure Victoria may find the following papers, available on the NTC website relevant to automated vehicles: National Transport Commission 2016, Regulatory barriers to more automated road and rail vehicles: issues paper, Melbourne. National Transport Commission 2016, Regulatory options for automated vehicles: discussion paper, Melbourne. National Transport Commission 2016, Regulatory reforms for automated vehicles: policy paper, Melbourne. National Transport Commission 2017, National guidelines for automated vehicles: policy paper, Melbourne. National Transport Commission 2017, Regulatory options to assure automated vehicle safety in Australia: discussion paper, Melbourne. National Transport Commission 2017, Changing driving laws to support automated vehicles: discussion paper, Melbourne. National Transport Commission 2017, Assuring safety of automated vehicles: policy paper, Melbourne National Transport Commission 2017, Clarifying control of automated vehicles: policy paper, Melbourne. 7 See US National Highway Transport Safety Agency Automated vehicles potential to save lives and reduce injuries is rooted in one critical and tragic fact: 94 percent of serious crashes are due to human error. 13

14 3 Conclusions The NTC appreciates the opportunity to respond to Infrastructure Victoria s consultation to develop advice for the Victorian Government on the infrastructure required to enable the implementation of automated and zero emission vehicles. We look forward to seeing the evidence base for the advice later this year. As already stated, a collaborative approach is being taken at a national level towards achieving a consistent and timely regulatory framework to support automated vehicles. The NTC continues to consult closely with governments, industry and other stakeholders as reforms are developed. The NTC is also working to align reforms with evolving technology. The NTC encourages Infrastructure Victoria to work together with Austroads and infrastructure bodies with a goal of national consistency and international alignment in infrastructure standards and policy. The NTC is happy to provide further information to Infrastructure Victoria if required. 14