The State of Autonomous Vehicles

AV may be thought of as a capability that requires a large combination of technologies, which can be broken down generally by function. That combination requires a variety of legal protections, such as patents, trade secrets and design patents.

The data issues implicate novel legal and policy issues that depend on the data gathered and how it is used. A manufacturer must consider Federal privacy law as well as the laws of all 50 states and the local laws of each political subdivision.

US export control laws are designed to protect national security, promote US industry and permit international trade. The controls vary not only based on the tech, but also based on the destination countries. Some technologies used in AV are subject to export control.

The Foreign Risk Review Modernization Act of 2018 (FIRRMA), which expanded the scope of investments subject to review by CFIUS, the Committee on Foreign Investment in the US. FIRRMA may also restrict the outbound transfer of AV technology.?

One of the most obvious challenges to implementing AV technology is manufacturers liability laws. The law may attempt to impose liability on individual programmers for harm caused by AV.

The US Department of Transportation (DOT) Autonomous Vehicles Comprehensive Plan defines three goals for automated driving systems: (1) promote collaboration and transparency, (2) modernize the regulatory environment and (3) prepare the transportation system.?Major industry players are also at work creating pre-regulatory standards.

Increasing amounts of money have been going into AV technology and the sector is expected to grow.?Funded companies have also consolidated as the market matures.

Despite the business and legal challenges, AV is on the rebound and promises to be a growth sector and a developing capability.

You can learn more about AV technologies at https://www.haynesboone.com/events/next-generation-in-autonomous-vehicles-key-business-and-legal-considerations