The NSW Bill heralds the next step in the NSW Government's implementation of its Future Transport Strategy and, in particular, the Future Transport Technology Roadmap released in 2016. Increasing automation in road vehicles has the potential to revolutionise urban mobility, increase freight and other transport efficiencies, decrease freight and other transport costs, and significantly increase safety.
The NSW Bill represents the Government's progress towards permitting autonomous vehicles (often known as ‘driverless vehicles’) to operate on roads in New South Wales. Autonomous vehicles are ones where some or all aspects of driving are performed by the vehicle rather than the driver, such as steering, accelerating or braking.
If the NSW Bill is passed as currently drafted, a person will be permitted to apply to the Minister for Roads, Maritime and Freight or her delegate (being Roads and Maritime Services and Transport for NSW) to trial highly or fully automated vehicles (which could include, among other things, personal vehicles, buses and freight trucks) within a specified part or all of New South Wales for a specified period of time.
Unlike the equivalent legislation introduced in South Australia (the Motor Vehicles (Trials of Automotive Technologies) Amendment Bill 2016 (SA) (the SA Bill)), a 'default' condition for all trials in New South Wales is that a person approved by the Minister or her delegate must remain inside the vehicle during all trials and be in a position to take control of the trial vehicle at any time or to stop the trial vehicle in an emergency or if required to do so by an authorised officer of the State.
The requirement to have a dedicated vehicle supervisor is a safety conscious approach which reflects the Government's view of the current state of autonomous vehicle technology, and public confidence in the technology. It is also consistent with the fact most currently proposed trials involve either a single vehicle, or a very small fleet. However, it is likely that this requirement will eventually become redundant as those trialling autonomous vehicle seek to demonstrate their capacity to operate truly autonomously, without human intervention, and in large fleets.
The NSW Government's goal is to have fully connected and automated vehicles readily available and on the road by about 2035. These will be self-driving cars which do not require any human monitoring (known as 'Level 5' AV technology).
One of the first trials to be delivered in NSW is a trial of autonomous mini-buses at Sydney's Olympic Park, scheduled to commence later this month. That trial, involving the NSW Government, NRMA and HMI Technologies, will run for two years, commencing with off-road testing before moving to on-road and passenger borne services.
A key component of supporting and nurturing an innovation culture is embracing collaboration. The NSW Bill takes a slightly different approach to the sharing of trial-related data than that suggested by the National Transport Commission (and adopted in South Australia) with the NSW Bill containing a broad right for the Minister (or her delegate) to request information in relation to a trial. The NSW Bill also allows the Minister to provide any information provided by the trial participant to be shared with any other person or body if the Minister considers it reasonable to do so for the purposes of law enforcement or road safety.
The proposed legislative position is further evidence of the NSW Government's desire to promote a collaborative and innovative economy. It will therefore be interesting to see how the NSW Government works with the private sector and industry bodies, such as the NRMA, to leverage the outcomes of the trials and take advantage of the fast moving pace of innovation and technological change beyond the current pipeline of transport projects.
As the next step in the NSW Government's intelligent transport solution journey and a key milestone in the Future Transport Technology Roadmap, we are excited by the opportunities the NSW Bill presents and welcome the opportunity to talk with you further about what this means for your business.
