drafting in a technological world relacs professional
TRANSCRIPT
Drafting in a Technological WorldRELACS Professional Development Seminar 2017
John SnyderCommittee Staff Administrator
Kentucky Legislative Research Commission
September 25, 2017
We seemingly live in a world of constant technological upheaval…
But how new is this?
At the time of its introduction, what technological advancement was considered a great boon for the environment?
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Technological Upheaval
•Faster at an almost exponential rate
• Involves new gadgets themselves
•Changes the way we do things
•TITWWADI
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Technological UpheavalThree Issues
•Transportation Network Companies
•Unmanned Aircraft Systems
•Autonomous Vehicles
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Transportation Network Companies (TNCs)
•Entered KY in 2014
•Ran afoul of taxi licensing laws
•Blurred the line between commercial and private motor vehicle
•The Insurance “Gap”- App is on, but ride not confirmed…who is liable?
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Transportation Network Companies (TNCs)
•2015 SB 153 Defined TNC service: • “a prearranged passenger transportation service offered or provided through the use of a TNC mobile application or digital network to connect potential passengers with transportation network company drivers”;
•Defined TNCs, as well as TNC driver, vehicle, and certificate
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2015 SB 153 (Cont.)
•The “Gap” closed• Pre-trip acceptance liability policies• Prearranged ride liability policies• Limits similar to taxicabs
•Licensing laws changed• Elimination of proving need for services• Streamline processes (bulk applications) •Max limits in statute; actual fees set in Regs
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Unmanned Aircraft Systems
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Unmanned Aircraft Systems
•Current aviation law•Takeoffs and Landings• Little regarding operation in air
•Drones turn this model on its head•Not point to point, straight line travel• Lower altitudes
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Unmanned Aircraft Systems
•States are limited by the supremacy of Federal Authority
•FAA Authority•Blanket authorization <=400 Feet
•Registration of Commercial UAS
•Certification of Commercial UAS Pilots
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Unmanned Aircraft Systems
•States do have local police powers:•Anti-voyeurism protections
•Protections for hunters and anglers
• Firearms prohibitions
•Warrant requirements for UAS surveillance
•Reckless operation
•Security of infrastructure and select industries
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Autonomous Vehicles
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If you think drones turn Aviation on its head….
You ain’t seen nothing yet:
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Autonomous Vehicles
•Current Model - clearly defined roles
•Federal Roles•Set Federal Motor Vehicle Safety Standards (FMVSS)
•Vehicle recalls
•Regulating Vehicle Performance
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Autonomous Vehicles
•State Roles•Driver education / training
• Licensing of vehicle and drivers
•Regulation of manner of operation
• Law enforcement / emergency response
• Insurance and Liability
•Safety Inspections
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Federal Automated Vehicle Policy (NHTSA) (9/16)
•States keep traditional responsibilities:• Vehicle licensing and registration• Traffic laws and enforcement•Motor vehicle insurance and liability regimes
• “The shared objective is to ensure the establishment of a consistent national framework rather than a patchwork of incompatible laws.”
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Autonomous Vehicles
•Extremely unsettled area•Most current state laws cover testing only
•Auto manufacturers “Prototype Vehicles”
• Law cannot get ahead of technology
•Autonomous technology in current vehicles
•Current truck platooning technology
•Proprietary technology
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Autonomous Vehicles
•Future considerations•Nature of insurance-operator v. product liability
•Driverless vs. ownerless-rise of Zipcars
•Adaptation and saturation… when is the tipping point?
• Law enforcement, insurance, medicine, parking infrastructure
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Final Thoughts
•Beware of federal preemption
•Don’t get too far ahead of technology
•Regulate Behavior, not technology
•Don’t chase the specifics
•Study the issues
•Talk to the experts
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Contact Information
John Snyder
Transportation Committee Staff Administrator
Legislative Research Commission
Capitol Annex, Rm. 014
Frankfort, KY 40601 | 502-564-8100 ext. 478
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