KEYNOTE STAGE SPONSOR

1. KEYNOTE STAGE SPONSOR

2. A Framework for CAVs beyond the technology: a US and UK perspective Chris Jackson, Head of Transport Sector David Whitestone – Holland & Knight – Chair, Government Section

3. UK Independent law firm (Bristol/London - and Edinburgh from 2019) Connected and Autonomous Vehicles (CAVs) Emerging powertrain technologies including electric vehicles, hydrogen and alternative fuels Road, energy and connectivity infrastructure Data and cyber-security Demand Responsive Transport (DRT) Mobility as a Service (MaaS) Smart payment and ticketing Real-time passenger data and information systems Burges Salmon

4. Current CAV projects

5. Safety: CAVs have the potential to eliminate human error vehicle accidents (a factor in over 90% of accidents) Efficiency Mobility/wider accessibility (e.g for elderly or disabled persons) Productivity Growth Environmental benefits Residual risk UK initiatives including the Automated and EV Act 2018 Why do CAVs matter?

6. Public acceptance/Trust User experience / technology Infrastructure Legal and insurance Liability Data Cyber security Standards/interoperability Law Commission 3 year review (from 2018) [Not data?] Blockers and enablers

7. Control Responsibility Liability Model must reflect reality deliver real benefit Venturer Year 3 AXA/Burges Salmon Analysis Report and recommendations Liability model Full Automation Partial / High Automation Full Driver Control “Driver assistance” 0 1 2 3 4 For a fuller version see, e.g., NHTSA’s Preliminary Statement of Policy Concerning Automated Vehicles

8. Personal data vs. big data What data? Who can use it and how What are the red lines What opportunities are there for the UK? UK Initiatives Flourish Axa/Burges Salmon first and second Analysis Reports and recommendations Data

9. At its simplest, the data involved in the CAV ecosystem can be summarised into four types: Personal, such as geolocation or biometric; Special category, such as collision information user habits; Commercially sensitive, such as technological; and Non-sensitive data, such as traffic or vehicle information. GDPR came into effect on 25 May 2018 and places an emphasis on the customer’s interests and respect for an individual’s data. One of the many questions that will need to be addressed is who the ‘data controller’ is in relation to the data collected, who else is entitled to access and use the data, and how that data may be shared between interested parties in the CAV ecosystem. The nature of connected cars introduces the potential for multiple, joint and co-data controllers, as well as joint processors and sub-processors under the legislation. Data as the new fuel

10. Secure systems critical to the future of intelligent mobility Collaborative and holistic approach Common set of security principles User trust Current progress/initiatives Cyber security

11. Review of the Autonomous Vehicle Regulatory Landscape in the United States David Whitestone, Partner and Chair, Government Section

12. Over 1300 lawyers and professionals 28 offices in the U.S., Mexico, U.K. and Colombia Principal Industries of Focus include: Transportation Financial Services Energy and Natural Resources Healthcare Real Estate Technology and Telecommunications Holland & Knight

13. Holland & Knight has an established Autonomous Transportation practice that is tackling issues of automation across all modes of transportation. The team includes over 40 attorneys and lobbyists across the United States working on different aspects of autonomy: Passenger vehicles Commercial trucks Public transit Port and sea vessel operations Smart Cities Intellectual Property formation and protection Autonomous Transportation Team

14. Autonomous Vehicles in U.S. subject to both federal and state regulations Key to regulatory authority goes back to founding of nation Constitution Commerce Clause “The Congress shall have power to…regulate commerce with foreign nations, and among the several states, and with the Indian tribes;” State’s Rights Bill of Rights (Amendments 1-10) 10th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” U.S. Regulatory Framework for Automotive Safety

15. 20th Century – Age of the Automobile Federal Government: Automotive Safety in Interstate Commerce (recall Commerce Clause) Vehicle design, manufacturing and safety standards Federal Motor Vehicle Safety Standards (FMVSS) Interstate highways State Governments: Automotive Safety in Local Operation (recall 10th Amendment) Driver licensing Vehicle operation, licensing and registration Liability and insurance State highways and roads Roles and responsibilities well-established for many years Age of the Automobile

16. Fast forward to the present Federal Government still regulates vehicle design, manufacturing and safety standards States still regulate operations (testing) Some permissive Others interested Some opposed But, who/what is the driver?? Dawn of Autonomous Vehicles http://secureenergy.org/initiative/commission-autonomous-vehicle-testing-safety/

17. How Do Self-Driving Cars Change Traditional Regulatory Roles Going Forward? A decision is necessary on who will regulate the “driver” at different levels of automation This is an issue that is being dealt with a different levels in the United States: Federal Guidance Federal Regulation Congressional legislation State legislation Brief departure on creation of federal regulatory authority Who is the Driver?

18. Congress has drafted legislation to Update Federal Statutory and Regulatory Authorities House passed the SELF DRIVE Act on September 7, 2018 Senate still considering the AV START Act Legislation would: Establish federal framework for testing and deployment (to avoid multiple regimes which frustrates R&D investment) Mandatory safety evaluations Set deadlines for updates to the FMVSS Allow exemptions for companies to go to market before the FMVSS updates are complete Creates data and cybersecurity requirements Legal issues including pre-dispute arbitration A note about Congressional Sessions and Elections Congressional Legislation

19. U.S. DOT has also announced numerous planned Regulatory actions: Intent to issue a regulation interpreting a truck “driver” as a human or autonomous driving system Intent to issue regulations updating the FMVSS Federal Regulation

20. U.S. Department of Transportation has issued three rounds of Guidance AV Guidance Version 3.0 was issued on October 4, 2018 Follows the precedent in AV version 1.0 created under President Obama’s administration Voluntary submission of Safety Self-Assessments Describes federal, state and local roles Recommends data best practices as advised by professional organizations Encourages states to clarify AV testing requirements Federal Guidance

21. States have taken different approaches Some states very permissive to spur investment and innovation Arizona is a test bed for numerous companies California approved first fully driverless permit on October 29 Many states considering driverless shuttles to replace costly bus service Other states have created barriers to autonomous vehicles Require a “human hand” on the wheel at all times State legislation http://www.ncsl.org/research/transportation/autonomous-vehicles-self-driving-vehicles-enacted-legislation.aspx

22. U.S. is still deciding the future for connected vehicle technology Debate between Dedicated Short-Range Communication (DSRC) and 5G networks Pits automotive manufacturers against telecommunications companies In the meantime, the leading technology companies are developing cars that fit on the roads as they exist today Connected Car and Infrastructure

23. David Whitestone, Partner, Holland & Knight David Whitestone is a partner in the Washington, D.C., office of Holland & Knight where he chairs the firm’s Government Section and oversees the provision of legal and legislative counsel services to firm clients. Mr. Whitestone's practice includes the representation of corporations, nonprofits and municipal entities before the legislative and executive branches of the federal government. Since entering private practice, he has successfully counseled organizations interested in partnering with federal agencies in the Department of Transportation (Federal Aviation Administration, Federal Transit Administration and Federal Highway Administration), Department of Homeland Security (Transportation Security Administration and Customs and Border Protection), Department of Defense, Department of Commerce, the National Transportation Safety Board, various independent agencies and others. Mr. Whitestone regularly advises clients on significant matters facing scrutiny including all types of Congressional investigations, coordinating with colleagues from multiple firm practices to advise on white collar, government contracts, shareholder interests and public relations matters. He counsels clients in responding effectively and efficiently to Congressional reviews while also protecting their legal rights and reputations. In many cases, Congressional investigations are closely related to U.S. Department of Justice, Federal Election Commission or Inspector General investigations. Mr. Whitestone previously launched and chaired the firm's Transportation Industry Team, which has been recognized by Chambers USA and by U.S. News – Best Lawyers as the "Transportation Law Firm of the Year." Biography T 202.457.7080 david.whitestone@hklaw.com

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