Eversheds Sutherland Up to Speed Blog
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Perspective: The US Legal System – An Impediment to Autonomous Vehicles (Video)

Technology often outpaces the legal system, but when it comes to autonomous vehicles, the speed of the technology’s development and the piecemeal evolution of the US legal system may create confusion on the road. In their videocast, Michael Nelson and Kymberly Kochis discuss the current state of autonomous vehicles, relevant legal developments, and the gaps in the legal framework that will need to be filled in as this technology moves forward. The technology is racing ahead quickly, and every day there are new commitments to develop autonomous technology. One car ahead of the pack is the...
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Google’s Autonomous Vehicle (At Least Partially) Responsible for Accident

In February, one of Google’s self-driving vehicles was involved in an accident with a city bus in Mountain View, California. Unlike the 17 previous accidents involving Google’s self-driving cars, this accident was at least partially the car’s fault. The accident occurred when the self-driving car was in the right lane, about to turn left. The car moved to the right sight of the lane, but had to move back to center to avoid sand bags around a storm drain. The bus, which likely thought that the car would yield, collided with the car. Google anticipates that the accident will help its...
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Perspective: The Evolution of 5G

The evolution of 5G wireless technology is expected to be completed sometime between 2018 and 2020, and the speed of 5G will be somewhere between 10 to 40 times faster than the current system, 4G.  5G will also carry a higher volume of data along with a faster pace.  But experts are concerned about the transmission range of the 5G network.  Enter Google once again with a potential answer: utilizing a network built not on new cell towers, but in part on drones flying overhead (now being tested in the Skybender project) to transmit these signals. The autonomous transportation system will built...
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The Next Generation of Wireless Technology

At the University of Surrey, researchers and tech companies like Samsung and Fujitsu are collaborating to work on the development of fifth-generation, or 5G, technology. With 5G, people could download whole movies to smartphones in fewer than five seconds—in contrast, with current technology the same download would take as much as eight minutes. The efforts of those working on 5G will be displayed at the Mobile World Congress in Barcelona, including demonstrations involving driverless cars, drones, and autonomous robots. US carriers are now joining the race to be first to 5G: both Verizon...
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Virginia OKs Photo Appraisals

The Virginia legislature has approved a bill permitting appraisers to conduct inspections of auto physical damage using photos, videos, or electronically transmitted digital imagery. Significantly, an in-person inspection of a vehicle is still required if there is a dispute relating to the repairs. The Pennsylvania Senate is currently considering a similar measure eliminating the requirement that appraisers be physically present for vehicle inspections.
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Tesla Launches New Self-Parking Technology

Last month, Tesla released new software that the company claims is the next step toward developing fully autonomous driving capabilities.  Uniquely, Tesla launched the new software “over-the-air.”  Through an app, the software enables a driver to  prompt the vehicle to open the garage door, enter the garage, park itself, and shut down. The “over the air” upgrade underscores the issue of reconciling aging cars on the road with newer driving technology. Tesla upgrades the computers that drive by building in systems that can be reprogrammed by updating the technology as...
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Regulation Needed to Keep Pace with Autonomous Vehicle Technology

Automakers and technology companies will meet at the World Economic Forum this week to discuss the industry’s hot button issues, including the regulation of autonomous vehicles.  The federal government had pledged its support to autonomous vehicle development, but has largely left the regulatory decisions to state and local governments.  Currently, only a few states have passed legislation concerning the testing of driverless cars.  No state expressly permits fully driverless vehicles on its roads.  Commentators suggest states may be hampered by the practicalities of drafting legislation for...
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Updated: MS Legislature Considering Labor Rate Restrictions

The Mississippi State Senate is considering a bill that would prohibit auto repair shops from charging labor rates above the average national rates charged for like-kind work without the express approval of the Commissioner of Insurance.  The bill, SB 2187, was introduced by Senator Videt Carmichael (R-Meridian) earlier this month, and has been referred to the Insurance Committee.  Local auto body shops and the Mississippi Collision Repair Association oppose the bill.  There is an identical bill pending in the House of Representatives, where legislators are also considering three other...
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Perspective: Level 4 Vehicle Automation

In May 2015, Freightliner’s Inspiration Truck began operating on Nevada highways at what the National Highway Traffic Safety Administration (NHTSA) defines as Level 3 of autonomous vehicle capability. Make no mistake, Level 3 and Level 4 capabilities are both autonomous. The difference between Level 3 and Level 4, as described by NHTSA, is Level 3 design allows for a vehicle to be operated autonomously or by a person. But a Level 4 vehicle is designed to not allow human intervention. While some who have looked at this issue seem to feel an autonomous vehicle is safer when a human can...
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U.S. Traffic Fatalities Experience Surge in 2015

  The National Safety Council (NSC), an organization that tracks traffic deaths in the United States, recently released statistics showing a surge in traffic deaths last year.  The NSC’s data indicates 2015 experienced the largest percentage increase in highway fatalities in the last 50 years. 38,300 people died on U.S. roads in 2015, and approximately 4.4 million others were involved in accidents that required medical attention. These figures represent an 8 percent increase in highway fatalities compared to the previous year.  The NSC attributes the increase primarily to the improving...
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Louisiana Aggressively Pursuing Fines for Driving Without Auto Insurance

The State of Louisiana has implemented new means for the state’s Office of Motor Vehicles (“OMV”) to collect fines from individuals driving without auto insurance.  The OMV recently turned over fine collection to the state’s Office of Debt Recovery.  The Office of Debt Recovery is the state’s collection agency and is empowered to collect OMV  fines by extracting money from bank accounts, intercepting tax refunds and recommending that an individual’s state-issued professional license be suspended.   Last year, the OMV sent out over 1.2 million letters to individuals it says were driving...
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Autonomous Vehicles and Friday’s Trivia Question

Today I was driving my car on a Connecticut three lane divided highway. I was in the middle lane and a highway department truck was stopped up ahead. A brave construction worker standing outside of said truck took a shovel full of asphalt and threw it into a pothole in the middle lane of moving traffic. One has to wonder about the reactions to those scenarios when some vehicles are autonomous. The technology will no doubt take such factors into account but what happens when humans get in the way of technology and what will the rules of the road allow for when negligence interferes with...
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New Taxes to Support Autonomous Vehicles

The Obama Administration has proposed a budget that includes a $10-per-barrel tax on oil, the stated purpose of which is to fund autonomous cars and improve traffic. This plan would provide over $2 billion per year for research on clean transportation, autonomous vehicles, and smart vehicle technologies, as well as an additional $20 billion a year to reduce traffic.
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Thursday’s Trivia Question

Chapter 303 of Title 49 of the United States Code is administered by NHTSA. What is the title of the code?   Answer to Monday’s trivia question: Google cars have been operated in two states, California and Texas. Google recently announced plans to test their cars in Washington state, as well.
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