IS AUSTRALIAN LAW ADAPTABLE TO AUTOMATED VEHICLES?

Abstract

Recent deaths involving automated vehicles have sparked calls for legislative reform. Scholars argue that the law lags behind new and disruptive technological innovations. Autonomous vehicles are hailed as the next step in the shifting paradigm of disruptive technology. With the introduction of automated 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 frameworks in Australia appear fairly well adapted to the introduction of automated vehicles as there are several structures in place to 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 automated vehicles. It is structured in three parts. First it 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.