Abstract
<p><em>This article examines the challenges of autonomous motor vehicles for Queensland road and criminal laws</em>. <em>Autonomous vehicles refer to motor vehicles where driver decision making has been augmented or replaced by intelligent systems. Proponents of autonomous vehicles argue that they will virtually eliminate road accidents, boost productivity and provide significant environmental benefits. The key issue is that autonomous vehicles challenge the notion of human responsibility which lies at the core of Queensland’s road and criminal laws. The road rules are predicated on a driver in control of the vehicle, the intoxication regime is concerned with the person in charge of the vehicle and the dangerous driving offences require a person who operates a vehicle. Notwithstanding this challenge, it can be seen that much of Queensland’s law is adaptable to autonomous vehicles. However, there are some identifiable anomalies that require reform.</em></p>
Highlights
This article examines the challenges of autonomous vehicles for Queensland road and criminal laws
This article responds directly to the National Transport Commission’s recommendations. It focuses on a single Australian jurisdiction – Queensland – to explore the challenges of autonomous vehicles for Queensland road and criminal laws
Distraction caused by cooperative intelligent transport systems (C-ITS) systems might be covered by r 297 in that it could be argued that a distracted driver is not in ‘proper control’ of the vehicle or by careless driving under s 83 of Transport Operations (Road Use Management) Act 1995 (Qld)
Summary
This article examines the challenges of autonomous vehicles for Queensland road and criminal laws. It is argued that much of Queensland’s road and criminal laws are adaptable to autonomous vehicles. There will be the need for more detailed reforms as autonomous vehicles become more widespread. The third section examines how to reform Queensland road and criminal laws to address the identified anomalies. In particular some of the immediate concerns with the interaction of increasingly autonomous vehicles and the road rules that were identified could be addressed in Queensland by the adoption of the definitions of autonomous vehicle and driver to include an operator of an autonomous vehicle that have been enacted in some United States jurisdictions
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