Is Australian law adaptable to automated vehicles?

Mark Brady

Research output: Contribution to journalArticlepeer-review

Abstract

Recent deaths involving automated vehicles have sparked calls for
legislative reform. Scholars argue that the law lags behind new and
disruptive technological innovations. Automated vehicles are
hailed as the next step in the shifting paradigm of disruptive
technology. With the introduction of automated land vehicles,
changes will occur in many areas of law and society. These changes
will impact notions of property, identity, and the physical landscape
of Australia, including the architecture of the future fleet of motor
vehicles and the infrastructure surrounding mass road transport.
The legal framework in Australia appearsfairly well adapted to the
introduction of automated vehicles. There are several structures in
place that allow the law to investigate and adapt to new
technology. This article seeks to outline some of the social and legal
impacts arising from the introduction of highly automated vehicles.
It is structured in three parts. First it defines the Society of
Automotive Engineers (“SAE”) standard for automated vehicles
and outlines a brief history of automated vehicles. Then it considers
some different areas of law intersected by the introduction of
automated vehicles; criminal law, privacy law, personal injury, and
product liability. Finally, it reflects on some of the potential physical
and social impacts surrounding the introduction of automated
vehicles. It concludes with whether the Australian law is adaptable
to this new and disruptive technology.
Original languageEnglish
Pages (from-to)35-71
Number of pages36
JournalGriffith Journal of Law & Human Dignity
Issue numberSpecial Issue
Publication statusPublished - May 2019
Externally publishedYes

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