The National Transport Commission (NTC) has proposed a two-year reform program paving the way for deployment of automated vehicles on Australian roads.

Its policy paper, called Regulatory Reforms for Automated Vehicles, lists several key points regarding liability.

It suggests: clarifying whether human monitoring of a vehicle constitutes control of it; clarifying the definition of driver, to ensure access to compulsory third party and national injury insurance schemes; managing third-party access to data; and the development of industry guidance, including information about liability and education campaigns, to clarify how liability will apply to different automated vehicles.

The NTC says while current liability laws are well established, assigning fault in automated vehicle crashes is more complex.

For example, a crash might be caused by a cyber breach, software bugs or failing sensors.

“Liability risks could prevent the deployment of automated vehicles, or severely reduce their functionality or scope of operations, if manufacturers become excessively cautious.

“At the same time, the threat of future litigation also acts as an incentive, ensuring rigorous testing and research before any public release.”

CEO Paul Retter says the NTC aims to “identify and remove regulatory barriers, and avoid a patchwork of conflicting requirements in different states and territories”.

The phased reform program is designed so automated vehicles can operate safely and legally on Australian roads before 2020, with highly and fully automated vehicles added after.

The NTC will release a discussion paper this month seeking feedback on the development of national guidelines for vehicle trials as the first stage of reform.