Critics worry about bill to let driverless cars roll into Kansas as autonomous vehicles expand in US

Autonomous vehicles, once a thing of science fiction lore, could soon be headed to Kansas roads — though sharp disagreements remain on proposed legislation to allow driverless trucks to roll into the state.

A bill under consideration in the Legislature would allow for autonomous vehicles, with an eye toward using the technology to transport goods between distribution centers and retail facilities. The vehicles would need to be able to comply with traffic laws and their owners would be required to comply with insurance and registration requirements.

The proposal was introduced by Walmart after the company had success partnering with autonomous vehicle firm Gatik in other states, most notably Arkansas, where the retail Goliath is based.

As technology advances, larger autonomous trucks will likely become a mainstay on Kansas interstates and roads. But Michael O'Neal, a lobbyist representing Walmart, said the bill represented a good first start as the state waded into the issue.

Autonomous vehicles, like this truck in Arizona, were once a thing of science fiction lore but could soon be headed to Kansas roads — though sharp disagreements remain on proposed legislation to allow driverless trucks to roll into the state.
Autonomous vehicles, like this truck in Arizona, were once a thing of science fiction lore but could soon be headed to Kansas roads — though sharp disagreements remain on proposed legislation to allow driverless trucks to roll into the state.

"We felt the more measured approach was more practical," O'Neal told the Senate Transportation Committee on Tuesday. "It is good public policy and it is one where we have a good safety background to back us up."

But some believe the technology should stay in science fiction novels for the time being, at least under the parameters outlined in the bill.

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The proposed legislation does not require the state test or certify the safety of equipment or software being used, for instance, and critics say the insurance requirements are too lax to guarantee accountability if an accident were to take place.

"If you were driving on the highway and a semi blasted past you at 75, 80 miles an hour, with no driver behind the wheel, you'd be scared enough anyway," said Blake Shuart, a trial attorney with the Wichita law firm Hutton & Hutton. "But you'd be even more scared if you knew that no one had any notice in advance before that happened."

Could driverless trucks create jobs, ease supply chain woes?

At least 39 other states have developed policies on autonomous vehicles, with the technology spreading across the country.

In California, for instance, companies are on the brink of launching self-driving taxis to give residents a lift around San Francisco. And multiple firms in Texas are testing larger self-driving trucks, taking advantage of a regulatory environment that effectively grants autonomous vehicles the same status as their human-piloted counterparts.

But legislation in Kansas would focus exclusively on the so-called "middle mile," allowing trucks to move between a distribution center and a retail store along a fixed route.

That falls right in the wheelhouse of Gatik, the company Walmart has partnered with in three states and Ontario, Canada, to move goods around.

Richard Steiner, the company's head of policy and regulations, told lawmakers the company was expecting to create 20-25 jobs in Kansas within 18 months of the bill's enactment.

"We want to invest in Kansas and create jobs in the years to come," he said.

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Proponents argue the timing could not be better, with supply chain disruptions and a national shortage of truck drivers hitting consumers. The American Trucking Association has said the industry is currently down 80,000 drivers across the U.S., largely due to hiring challenges and an aging workforce.

The answer, at least in the minds of some, is to simply not have a driver at all — though the legislation will likely be tweaked to require a safety operator be in the truck's cab for at least the first year in the event of an incident.

Gatik points to their safety record in other states, which they say is 100% clean. Testing determines which pre-determined routes are best for the trucks and they are programmed to handle more complex maneuvers, like merging into traffic or coping with construction en route.

The legislation requires a vehicle be "capable of achieving minimal risk of harm or injury" in the event of a system's failure, though it does not go into detail about what that might mean.

Gatik officials say an array of sensors detect everything from road conditions to weather. If it gets too snowy or rainy or if something malfunctions, a remote operator can be engaged and the truck can be moved over to the side of the road.

"We have significant experience dealing with these types of challenges," Steiner said.

Critics argue more restrictions, oversight needed for driverless cars

Lawmakers have raised concerns ranging from who is responsible for a traffic ticket or insurance claims if a vehicle is in an accident.

A company, such as Gatik, is required to hold insurance on the trucks and each operator must ultimately have a commercial driver's license, even if they are engaging with the vehicle remotely. The insurance requirements mirror what is mandated for passenger vehicles, a point of contention for some.

Shuart said there was no indication in the bill that the firm responsible for designing software used in the autonomous vehicle could be sued in the event of an accident, as it defines the owner as the title-holder and entity controlling the vehicle.

"There's no accountability for the true operator who created the computer software," he said.

The legislation also bars local governments from restricting the use of autonomous vehicles in their midst.

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Some have worried this component, as written, would make it hard to hold operators to traffic codes, though O'Neal insists that wasn't the intent. There are no procedures outlined in the bill for what occurs if a vehicle is in an accident.

"We recognize our knowledge about autonomous vehicles is not near that of the proponents of this bill," Ed Klumpp, legislative liaison for a coalition of law enforcement groups, said in neutral written testimony on the bill. "However, these appear to be significant gaps in accountability of unsafe operation of these vehicles and a process for holding those responsible accountable. If that is true, a serious public safety gap exists."

While the legislation confines the use of vehicles to "the middle mile," there is no upper limit on how many miles a self-driving car or truck could travel, meaning it could traverse the state from Liberal to Kansas City, Kan.

"They can stand up and say, 'It's a restricted, repeatable route,' but there's no restrictions on it whatsoever," Shuart said. "So what you're going to have is company after company, pushing the envelope, and there is no backstop in the language to restrict how far they can go."

And there are no procedures in place to notify state officials when an AV company is set to begin operations in Kansas, nor would the company or state be required to certify the safety of the equipment or software that is being used.

Federal regulators do not have to approve whether a particular technology is safe prior to a self-driving vehicle hitting the market, unlike in other transportation sectors. The National Highway Transportation Safety Authority only steps in if a safety risk is demonstrated after the fact.

For their part, Gatik and Walmart have pointed to the company's track record of safety and successful work in other states. Shuart said legislation in some of those states, such as Arkansas, Alabama and Louisiana, should be a model for Kansas.

Arkansas' law, for instance, more clearly outlines who is liable in the event of an accident. Louisiana, meanwhile, requires at least $2 million in insurance coverage and mandates any potential company must certify to the Louisiana Department of Transportation and Development that they meet all requirements.

In the meantime, legislators say they will pump the brakes and proceed cautiously as they test-drive the potential legislation.

"Obviously this is a lot of innovation here," Sen. Jeff Pittman, D-Leavenworth, said. "Sometimes we are not bleeding edge in Kansas. … This is new and it is something we are considering. But we have safety concerns, as you can imagine."

Andrew Bahl is a senior statehouse reporter for the Topeka Capital-Journal. He can be reached at abahl@gannett.com or by phone at 443-979-6100.

This article originally appeared on Topeka Capital-Journal: Bill to let autonomous cars, trucks roll into Kansas worries critics

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