On 26 August 2019, the AICD made a submission on the Consultation Regulation Impact Statement on how to ensure automated vehicles are able to operate legally on Australian roads and support their safe operation once they are on roads (‘in service’).
Given the AICD is not an expert on autonomous driving technology or its regulation, the AICD limited its comments to whether a safety duty should apply to the executive officers of an Automated Driving System Entity.
The AICD is of the view that the existing director liability regime is well tested, widely understood and indeed flexible enough to accommodate new technologies, including ensuring the in-service safety of ADSs. Clear evidence needs to be produced that there are gaps in the existing legal framework before legislation is introduced to impose new grounds of director liability.
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