
Bryant Walker Smith is a fellow at the Center for Internet and Society at Stanford Law School, a fellow at the Center for Automotive Research at Stanford (CARS), and a lecturer in law at Stanford Law School who writes, speaks, and teaches on the legal and policy aspects of increasing automation. He is a member of the New York Bar and a former transportation engineer who has worked on infrastructure issues in the United States and throughout Europe. Bryant also chairs the Emerging Technology Law Committee of the Transportation Research Board of the National Academies and the planning task force for SAE International's On-Road Automated Vehicle Standards Committee. Prior to joining Stanford, he clerked for the Honorable Evan J. Wallach at the United States Court of International Trade. Bryant holds an LL.M. in international legal studies and a J.D. (cum laude) from New York University School of Law in addition to a B.S. in civil engineering from the University of Wisconsin.
Bryant designed and taught the first-ever course on the legal aspects of autonomous driving, frequently lectures in both law and engineering courses, and routinely presents at major conferences, including the Transportation Research Board Annual Meeting, the Driverless Car Summit, and We Robot. This summer he will also welcome the Transportation Research Board's Vehicle Automation Workshop to Stanford. His white paper on the legality of self-driving vehicles and his law review article on managing autonomous travel demand were recently released, his autonomous driving blog is read within industry and government, and he is regularly interviewed for national media. Bryant's legal research addresses questions of authority, uncertainty, and boundary in disciplines ranging from tort law to administrative law to international economic law.
Autonomous Driving Bill Introduced in California (Plus Other State Developments)
By Bryant Walker Smith • February 24, 2012 at 9:05 am
California SB 1298 would expressly establish that California "presently does not prohibit or specifically regulate the operation of autonomous vehicles," direct the Department of the California Highway Patrol to "adopt regulations" regarding "specific safety requirements for the testing and operation of autonomous vehicles," and "not prohibit" such operation and testing prior to those regulations. The bill does not say who (if anyone) drives an autonomous vehicle in the legal sense, a question I asked about California's motor vehicle code in a post last month.
The bill's autonomous-driving-is-already-legal approach is similar to a proposed amendment to Florida HB 1207, though that amendment does state that "a person shall be deemed to be the operator of an autonomous vehicle operating in autonomous mode when the person causes the vehicle's autonomous technology to engage, regardless of whether the person is physically present in the vehicle while the vehicle is operating in autonomous mode." (But what if an automated system engages the autonomous technology?) Another such amendment would address liability following conversion of a vehicle to an autonomous vehicle.
Meanwhile, Arizona's bill failed in the House Transportation Committee after members expressed concern that it was too much too soon -- that is, the technology was not ready and the rulemaking burden on the state's Department of Transportation would be too great.
For a summary of all legislative and regulatory developments, see my wiki. Read more » about Autonomous Driving Bill Introduced in California (Plus Other State Developments)
My Other Car Is a ... Robot? Defining Vehicle Automation
By Bryant Walker Smith • February 19, 2012 at 7:45 pm
The automobile, noted one scholar in 1907, “is variously referred to as [an] auto, autocar, car, machine, motor, motor car, and other terms equally as common but neither complimentary nor endearing.” Motorists, for their part, included “brutes,” “fat-headed marauders,” “honking highwaymen,” and “flippant fool[s]” who wrote themselves “down both a devil and an ass.” One hopes the horseless carriages of the future will earn monikers that are more flattering. In the meantime, we are left with assorted technical phrases like “electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warnings and traffic jam and queuing assistance” to describe cars that (already) help us drive them, and with competing terms like fully automated, fully autonomous, self-driving, driverless, autopiloted, and robotic to describe cars that (may someday) drive us. Read more » about My Other Car Is a ... Robot? Defining Vehicle Automation
Nevada Approves Autonomous Driving Regulation
By Bryant Walker Smith • February 15, 2012 at 1:55 pm
Nevada's Legislative Commission has approved the Nevada DMV's autonomous driving regulation, which will now take effect on March 1, 2012.
In other news: Want to help some Stanford students by taking a survey on vechicle automation? Read more » about Nevada Approves Autonomous Driving Regulation
Backseat Driving
By Bryant Walker Smith • January 31, 2012 at 9:12 pm
Nevada. Florida. Hawaii. Arizona. Oklahoma. As legislators move to expressly regulate automated driving, I’ll be tracking state-by-state developments on this wiki and discussing themes on this blog.
I’ll begin that discussion with a basic legal question: Who drives an automated vehicle? The answer might be no one—a truly driverless car in the legal and technical senses. It might be a natural person—the individual owner (if there is one), the occupant (ditto), or the individual who initiates the automated operation (ditto again). It might be a company—the corporate owner, the service provider, or the manufacturer. Depending on the context, it might even be some combination of these possibilities. Read more » about Backseat Driving
Arizona and Oklahoma Legislators Introduce Autonomous Driving Bills
By Bryant Walker Smith • January 25, 2012 at 11:16 pm
And now both Arizona (with the introduction of HB 2679) and skyoneering Oklahoma (with the introduction of HB 3007). Read more » about Arizona and Oklahoma Legislators Introduce Autonomous Driving Bills
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How Do You Ticket a Driverless Car?
Ever since the 1930s, self-driving cars have been just 20 years away. Many of those earlier visions, however, depended on changes to physical infrastructure that never came about, such as special roads embedded with magnets. Read more » about How Do You Ticket a Driverless Car?
Managing Autonomous Transportation Demand
“Today we are well underway to a solution of the traffic problem.”1 This claim, made by Robert Moses in 1948, is as true today as it was then. Which is to say, not at all. In the middle of the last century, the preferred solution to “the traffic problem” was more cement: new highways, bridges, and lanes. Read more » about Managing Autonomous Transportation Demand
Automated Vehicles are Probably Legal in the United States
Now available in hardcopy and for Kindle (with hyperlinks).
This paper provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle’s steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the paper, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. Read more » about Automated Vehicles are Probably Legal in the United States
Language, legality and liability
Bryant Walker Smith and Tom Gasser address the legal complexities that could threaten to bedevil the automated vehicle program.
Read the full article in Thinking Highways North American Edition. Read more » about Language, legality and liability
Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade
Is water a "product" subject to the World Trade Organization (WTO)’s General Agreement on Tariffs and Trade (GATT)? I argue that it is not, because the established, widespread, and consistent assertion by states of public ownership over their water resources through both municipal and international law (the "public-ownership consensus") precludes any reading of GATT that would fundamentally alter the unique status of those resources. Read more » about Water as a Public Good: The Status of Water Under the General Agreement on Tariffs and Trade
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What driverless car entrepreneurs can learn from the aviation industry
"‘The biggest legal question is the fact that there are questions,’ says Bryant Walker Smith, a fellow at the Centre for Internet and Society at Stanford University Law School." Read more » about What driverless car entrepreneurs can learn from the aviation industry
Roadmap for Driverless Cars: Five Highlights
"Bryant Walker Smith, a lecturer at Stanford Law School who studies driverless vehicles, said there’s still no consensus on how we’ll know these cars are safe enough. Should it be as safe as the average driver or better? “NHTSA’s research will, I hope, help address these questions,” he said." Read more » about Roadmap for Driverless Cars: Five Highlights
Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Editio
"In a November 2012 study, “Automated Vehicles are Probably Legal in the United States,” Stanford researcher Bryant Walker Smith analyzed the legal issues surrounding autonomous vehicles and concluded that since they aren’t explicitly addressed, the law does not prohibit their use." Read more » about Correcting Misconceptions about Autonomous Vehicles: Reason Magazine Editio
Tomorrow's World
Bryant Walker Smith's paper Automated Vehicles are Probably Legal in the United States is mentioned in this article. Read more » about Tomorrow's World
Will lawsuits kill the autonomous car?
"But Bryant Smith, a resident fellow at the Stanford Center for Internet and Society, questioned whether it was "appropriate to have a federal legislative response" to liability issues surrounding autonomous cars."
"University of Washington law school professor Ryan Calo proposed extending selective immunity to robot manufacturers, similar to the way Congress has provided similar protection to firearm manufacturers. Calo suggested that immunity would apply only when "it is clear that the robot was under the control of the consumer."" Read more » about Will lawsuits kill the autonomous car?
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Driverless Car Summit
Driverless Car Summit 2013 will be dedicated to understanding and working to solve the core challenges impacting driverless vehicle integration onto tomorrow's roadways. For two full days leaders from the robotics and automotive communities will converge in Detroit to participate in interactive discussion with their colleagues and counterparts with a common goal of making driverless cars a reality by 2022. Read more » about Driverless Car Summit
Connected Vehicles Webcast (Past Event)
For more information and to register visit: https://attendee.gotowebinar.com/register/9013021517913822976
The 4th Positive Thinking webcast takes place on Thursday March 28 at 11am PDT (US), and focuses on CONNECTED VEHICLES
Questions to be covered include:
What are the best practices in connected vehicles?
What barriers still need to be overcome?
What are the burning legal issues? Read more » about Connected Vehicles Webcast
JITI Safer Vehicle Seminar: Advanced Automotive Safety Technologies (Past Event)
For more information and to register please visit: http://www.japantransport.com/seminar/2013/03/20.php
Even with a declining trend in traffic fatalities in the United States and Japan during the last decade, every year tens of thousands of lives are lost to traffic accidents. These accidents are often the result of driver error that could be avoided through improved driver performance and judgment. Read more » about JITI Safer Vehicle Seminar: Advanced Automotive Safety Technologies
Vehicle Automation: TRB @ Stanford
The Transportation Research Board's International Workshop on Road Vehicle Automation -- the premier multidisciplinary research and policy conference in the field -- will take place at Stanford University from July 16th through 19th. Read more » about Vehicle Automation: TRB @ Stanford
Transportation Research Board Annual Meeting (Past Event)
CIS Resident Fellow Bryant Walker Smith will be speaking at two sessions at the 92nd Annual Meeting of the Transportation Research Board.
Highlights from Summer Workshop on Road Vehicle Automation: State Perspectives on Automated Vehicle Regulations, Part 2 (Part 1, Session 366)
More Info
Tuesday January 15, 2013
8am-9:45am Read more » about Transportation Research Board Annual Meeting
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New York Times Energy for Tomorrow Conference Breakfast Session
April 26, 2013
Connected Vehicles
March 28, 2013
The 4th Positive Thinking webcast broadcasted originally on March 28, 2013. Read more » about Connected Vehicles
How an (Autonomous Driving) Bill Becomes Law (Audio)
November 13, 2012
An Oral History of Nevada's Groundbreaking Regulation of Self-Driving Vehicles Read more » about How an (Autonomous Driving) Bill Becomes Law (Audio)
How an (Autonomous Driving) Bill Becomes Law (Video)
November 13, 2012
An Oral History of Nevada's Groundbreaking Regulation of Self-Driving Vehicles Read more » about How an (Autonomous Driving) Bill Becomes Law (Video)
CA Governor Brown Signs SB1298 (Autonomous Vehicles)
September 26, 2012
California Governor Edmund G. "Jerry" Brown Jr. visits the Google Headquarters on September 24th, 2012 to sign SB1298, a bill that creates a legal framework and operational safety standards for the testing and operation of autonomous vehicles on state roads and highways. Read more » about CA Governor Brown Signs SB1298 (Autonomous Vehicles)
