Best Best & Krieger News Feed

Op-Ed: Automated Vehicles and Minding the Looming Infrastructure Gap

11 Nov 2016 00:00:00 -0800

Best Best & Krieger LLP attorney Gregory Rodriguez authored “Automated Vehicles and Minding the Looming Infrastructure Funding Gap,” published this week in Transportation Weekly, a publication by the Eno Center for Transportation. The opinion piece discusses how, as the country moves forward after the election, infrastructure is expected to be a major area of focus by the new administration. With the perfect innovation storm hitting our transportation system, any transportation funding discussions should also include how we pay for any supporting infrastructure determined necessary for driverless and connected vehicles to operate safely on our local roads, he wrote.

Click here to read the article, originally posted Nov. 7, 2016 on Transportation Weekly.

Read more about autonomous vehicles on our blog for public agencies, BBKnowledge.com, which includes information regarding the comment period ending Nov. 22 on the Department of Transportation’s Federal Automated Vehicles Policy.

IMLA’s 81st Annual Conference

28 Sep 2016 00:00:00 -0800

Join Best Best & Krieger LLP at IMLA’s 81st Annual Conference in San Diego, Calif.

BB&K Speakers

Greg Rodriguez and Steven DeBaun: "Autonomous Cars & the Future of Transportation: Not a Horse and Buggy, but Not Quite the Starship Enterprise…Yet"
Thursday, Sept. 29
10:45 - 11:45 a.m.

Shawn Hagerty (Tour Guide): "Code Enforcement & Land Use Tour"
Thursday, Sept. 29
2 p.m.

Andre Monette (Speaker) and Shawn Hagerty (Moderator): “The Safe Drinking Water Act and the Nation’s Aging Water Infrastructure & Liability for Lead Contamination of Water Supplies - Is It Covered by Insurance?”
Friday, Sept. 30
12:10 - 1:10 p.m.

Gene Tanaka: “Health and Environment Section Meeting”
Friday, Sept. 30
2:40 - 3:40 p.m.

Greg Rodriguez and Steven DeBaun (Leading Table Discussion): "WONK Breakfast"
Saturday, Oct. 1
7:30 - 8:30 a.m.

Gail Karish and Gerry Lederer (Speakers), Joe Van Eaton (Moderator): “Telecommunications - New Challenges for Local Counsel in a Broadband World: Why Public Safety, Economic Development, Planning and Zoning and Elected Officials Will Be Knocking On Your Door”
Saturday, Oct. 1
9 - 10:30 a.m.

When
Wednesday, Sept. 28 - Sunday, Oct. 2

Where
Hilton San Diego Bayfront
1 Park Blvd.
San Diego, CA 92101

For more information or to register, click here.

NHTSA Releases Highly Anticipated Federal Automated Vehicles Policy

21 Sep 2016 00:00:00 -0800

With the goal of creating a path for the safe testing and deployment of autonomous vehicles on public roads nationwide, the U.S. Department of Transportation and the National Highway Traffic and Safety Administration have issued a much-anticipated and groundbreaking draft Federal Automated Vehicles Policy. Recognizing the difficulty of regulating this transformative technology at such an early stage in development, DOT makes it clear that this initial Policy is only guidance seeking to foster the development of a consistent and permanent national regulatory framework.

While most of the guidance is intended to take effect immediately, DOT issued a request for comment for all parts of the Policy, including the recommendations concerning implementation of a “Model State Policy.” Local public agencies should carefully consider the future implications of this Policy on local planning and development, and submit comments during the 60-day comment period. This is an important opportunity for local governments to ensure this first version of the Policy reserves local control and tools for local agencies to implement the safe roll-out and introduction of autonomous vehicles onto our local roads.

The Policy is broken down into four sections that lay out the intended federal approach to autonomous vehicles:

Vehicle Performance Guidance: Provides guidelines for the safe design, development, testing and deployment of autonomous vehicles. The guidance is intended for vehicles tested and deployed on public roadways. Issues such as data recording, privacy and cybersecurity are addressed, and NHTSA encourages data sharing on these topics.
Model State Policy: For now, the guidelines reserve traditional state authority to establish and maintain highway safety programs by regulating issues like driver education and testing, licensing, pedestrian safety, law enforcement, vehicle registration and inspection, and others. The Policy asserts federal authority over setting vehicle safety standards and enforcing compliance with those standards, investigating and managing any recall efforts, communicating with and educating the public on motor vehicle safety, and issuing guidance on how to achieve national safety goals. Perhaps tellingly, the guidelines “strongly encourage” states to allow DOT alone to regulate the performance of autonomous vehicles.
NHTSA’s Current Regulatory Tools: Outlines the current regulatory tools NHTSA can use to ensure safe deployment, including new interpretations of existing rules to promote flexibility and testing of nontraditional vehicle designs and the granting of exemptions.
Modern Regulatory Tools: Identifies potential new regulatory tools and statutory authorities that may be implemented or requested to help DOT meet the challenges and opportunities involving the safe and timely development of autonomous vehicles. Of note and examples of issues this new technology brings are references to post-sale authority to regulate software changes, additional recordkeeping and reporting requirements, and enhanced data collection tools.

The Policy, which is more than 100 pages, highlights the lifesaving potential of driverless cars to reduce traffic accidents and fatalities. In addition, it recognizes the potential for autonomous vehicles to transform personal mobility and offer efficient transportation options for seniors, the disabled and those who do not have the means to own a car. In a press conference, U.S. Transportation Secretary Anthony Foxx described it as the “most comprehensive national automated vehicle policy that the world has ever seen.”

NHTSA Administrator Mark Rosekind clarified the Policy was intended to regulate for fully autonomous vehicles “with different designs than what we have on the road today,” and added that the Policy provides an opportunity for a “uniform consistent framework for the country.” At the same time, the Policy also provides the following guidance to address new regulatory challenges that arise with autonomous vehicles:

States and local agencies should evaluate their current laws and regulations to address unintended impediments to the safe testing, deployment and operation of autonomous vehicles.
For traffic laws, the definition of “driver” may need to be updated to reflect the self-driving system as the “driver” when it conducts driving tasks and monitoring the driving environment.
States are encouraged to coordinate to establish uniform road infrastructure, including signs, traffic signals and lights, and pavement markings.
Clear requirements and application procedures should be developed for manufacturers and other entities to request to test autonomous vehicles on roadways, with law enforcement being involved in the approval process.
A warning that unsafe semi-autonomous systems may be an unreasonable risk to safety and subject to recall, which suggests federal policymakers are concerned about trusting human drivers to safely “take-back control” of a vehicle — an issue many states (including California) are debating.

With this guidance, DOT confirms its support for the deployment of this “inevitable” technology. DOT has announced an intention to update the Policy within the next year; however, this first Policy will establish the framework within which federal regulators view autonomous vehicles — making local participation in this process vital.

For more information regarding these new autonomous vehicle guidelines, questions concerning the public comment process, or legal and policy issues associated with advanced transportation technologies, please contact one of the attorney authors of this Legal Alert listed at the right in the firm’s Transportation, Municipal and Government Relations group, or your BB&K attorney.

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Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

Are We There Yet? Autonomous Vehicles and the Future of Transportation

19 Aug 2016 00:00:00 -0800

Best Best & Krieger LLP Of Counsel Greg Rodriguez will speak on "Are We There Yet? Autonomous Vehicles and the Future of Transportation" at the Maryland Association of Counties Summer Conference.

Greg will discuss autonomous vehicles as well as the legal, policy, safety, and infrastructure developments underway as state and local officials plan for the future of driverless transportation.

When
Friday, Aug. 19
2:15 - 3:15 p.m.

Where
Roland Powell Convention Center
Ocean City, MD

For more information or to register, click here.

California Supreme Court Sides with Public Agencies on Precondemnation Access Issue

26 Jul 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Kendall MacVey filed an amicus curiae brief with the California Supreme Court in a critical eminent domain case. The Court ruled that numerous statutes grant public entities the authority to enter and engage in official activities on private property, including activities related to precondemnation. The brief supported upholding the right-of-entry statute at issue in the dispute.

The ruling and the brief, filed on behalf of the Riverside County Transportation Commission, stem from Property Reserve, Inc. v. Superior Court, S217738. In a unanimous opinion issued July 21, 2016, the Court upheld the State’s precondemnation right of entry statutes as constitutional, reversing a March 2014 appellate court ruling. The Court’s opinion referred to the Third District Court of Appeal’s ruling as “counterintuitive,” and evades the need for extensive statutory changes in how agencies access properties for necessary inspections and testing prior to commencing eminent domain actions.

The ruling is important to public agencies like RCTC and the California Department of Water Resources, which was seeking access to private properties to conduct environmental and geological studies for a possible water transportation tunnel.

The Good, (Potentially) Bad, and (Avoiding) the Ugly: The Benefits, Challenges, and Opportunities Driverless Vehicles Offer to Municipalities

29 Jun 2016 00:00:00 -0800

By Gregory Rodriguez

New innovative and transformative technologies are being incorporated into our transportation networks at a fast pace. No longer are we just talking about laying more concrete for roads as we discuss the future of transportation. Instead, we are talking about incorporating transformative technologies, like driverless cars, into our transportation network. While there are still a lot of unknowns concerning the roll-out of autonomous vehicles — including what safety regulations will look like, their potential societal benefits and economic opportunities — their cutting-edge nature have generated a significant and well deserved amount of “buzz” over a short period of time. However, since such technology does not fit neatly into any existing regulatory framework,1 we are seeing a traffic jam at the intersection of technology and the law.

Despite the regulatory hurdles, the potential benefits from the smart adoption and rollout of driverless technologies appear to be worth the investment of significant time, money and other resources necessary to bring driverless cars onto the market sooner rather than later. Companies like Google, Lyft, Uber, GM, Toyota, Tesla, Apple and others are racing (and investing significant monetary resources) to position themselves as leaders in the development and testing of this technology. Also, Europe, including the United Kingdom and Germany, China and Australia are also looking to be seen as leaders in the advancement of driverless vehicles.

With the development of driverless vehicles appearing to be well past “first gear,” the relevant questions seem to be when, where and how to make sure this technology exists in harmony with our existing transportation network. The correct answers to such questions are critical to preventing a driverless nightmare filled with congestion and counteracting the significant investments and improvements to public transportation made in recent years.

Click here to read the entire article, published in the July/August 2016 issue of Municipal Lawyer, a bimonthly magazine offered by the International Municipal Lawyers Association.

Uber, Lyft to Get New Regulator in Calif.

28 Jun 2016 00:00:00 -0800

Under a package of California Public Utilities Commission reforms in the works, ridesharing services regulation will shift to the Department of Motor of Vehicles. In an interview with The Recorder, Best Best & Krieger LLP attorney Jordan Ferguson said the DMV makes sense as the regulatory agency of transportation network companies like Uber and Lyft. This is because the DMV is already focusing on future technologies and innovations, like driverless cars, Jordan said.

“The DMV is going to be better equipped at handling TNCs going down the line,” Jordan told The Recorder. “They’re thinking about these issues at a much more nuanced level than the PUC has.”

The article, which was posted June 28, 2016 on therecorder.com, is available by clicking here (subscription required).

Gear Up for Driverless Cars: How Local Governments and Transportation Agencies Can Prepare Now

14 Jun 2016 00:00:00 -0800

This webinar was held on Tuesday, June 14. You can access a recording of the webinar below. For questions regarding the topic please contact the attorneys listed to the side of this page.

The excitement for autonomous vehicles is real and deserving. However, existing laws and regulations (from vehicles codes to federal safety regulations) do not exactly accommodate this technology… yet. Community planning, transportation networks, infrastructure, economic development initiatives, public safety and revenue will all be dramatically impacted.

During this BB&K-sponsored free webinar, speakers discuss the promise and challenges presented by autonomous vehicles, and what steps must be taken now at the local and regional level to take advantage of the opportunities presented by AVs — and to protect against the potential legal, economic and social issues raised by its deployment. Speakers will also provide background on the roll-out of this technology and regulatory insight on what is occurring at the federal, state and local level, including how agencies can ensure their concerns and needs are included in any future rulemakings and Congressional legislation.

Moderator

Jamey Wyman, Associate, Best Best & Krieger

Speakers

Ryan Snyder. Principal, Transpo Group
Nadine Lee, Deputy Chief Innovation Officer, Los Angeles County Metro's Office of Extraordinary Innovation
Gregory Rodriguez, Of Counsel, Best Best & Krieger

Who Should Attend

Local government officials
Local/regional transportation agency officials
Representatives of regional councils of government
Planners
Local government and agency employees responsible for economic development, transportation and infrastructure

To view a recording of this webinar, click here.

View materials:

Gear Up for Driverless Cars: Local and Regional Regulators Should Speak Out to Protect Their Interests

01 Jun 2016 00:00:00 -0800

By Jordan Ferguson

It sounds like the future, but it is right around the corner. For decades, driverless cars were reserved to the realm of science fiction, a practically unimaginable leap forward that would change the ways we think about transportation and technology. Yet, over the past few years, it has become clear that not only are driverless cars, and the massive changes they will bring with them plausible, they are likely to be a reality in the next few years. With several companies — including Google, Audi, Mercedes, BMW, Tesla, Volvo, Ford and Uber —developing autonomous vehicle technology that, in many cases, is already being tested, public agencies can no longer afford to take a wait-and-see approach. Rather, they need to become proactive in considering, developing and implementing an approach to incorporate autonomous vehicles into their transportation networks.

Several states, including California, Michigan, Nevada, Florida and Tennessee, have laws addressing autonomous vehicles — and the opportunity for growth will likely push other states to follow shortly. At the federal level, the National Highway Traffic Safety Administration is engaged in ongoing regulatory interpretations, as well as developing operational guidelines and model policies for states and local governments. Those policies are expected to be released mid-summer. The Department of Transportation is also looking to promulgate regulations and model policies that will facilitate the transition to full autonomous vehicles operating on public roads and integrating into our mainstream transportation systems. In California, the Department of Motor Vehicles released draft autonomous vehicle deployment regulations in December, and is moving forward with the rulemaking procedure. The development and implementation of autonomous vehicle regulations at the state and federal level present a unique opportunity for local governments to get involved in this process, and to make their voices heard.

Other interests are certainly seizing on this opportunity. Automobile and technology heavy weights Google, Ford, Volvo, Uber and Lyft jointly created the Self Driving Coalition for Safer Streets, a lobbying group that will work with both policy makers and the public to promote autonomous driving technology. Meanwhile, lobbying group Securing America’s Future Energy has unveiled proposals on driverless cars, aimed at incentivizing use of electric vehicles to reduce oil consumption. While these coalitions are framed as being focused on promoting the safety and environmental advantages of driverless cars, they will also work to convince lawmakers how to think about and regulate (or decline to regulate) autonomous vehicles. These coalitions’ formations indicate how quickly the conversation on autonomous vehicles is shifting into high gear. Of note to local regulators, both coalitions have expressed concern over allowing a “patchwork quilt” of regulations to develop, and have expressed preference for uniform federal rules that may, if executed, exclude local regulators from engaging on these issues and ensuring their interests are considered and protected.

Interested parties, including local and regional government agencies, should consider participating in some or all of these ongoing rulemaking proceedings and regulatory efforts. The California DMV, for example, will open up a 45-day comment period later this year to allow agencies and individuals to present opinions on the strengths and weaknesses of its regulations, and to argue for what changes should be made. Organizations including the Auto Club, Ford, NHTSA, the City of Los Angeles, Google and various others representing seniors and the disabled, have already submitted comments as part of two public workshops the DMV held earlier this year.

Autonomous vehicles have the ability to change virtually every aspect of our lives. From a regulatory standpoint, driverless cars are likely to affect everything from transportation planning and infrastructure to land use, congestion, parking, and even mass transit options. Local and regional government agencies must expect that autonomous vehicles will radically reshape our roads and the places they will take us. They must be prepared to handle these changes, and to adapt to a dynamic and fast-evolving sector that will bring with it massive shifts, and also enormous opportunities. And they must stand up for their interests, preserving their right to regulate and participate in the development and implementation of regulations that will affect life in their jurisdictions. Don’t be drowned out by the roar of engines racing to have their vision of the future enshrined into law.

Originally published in PublicCEO.com on June 1, 2016. Republished with permission.

See more on autonomous vehicles at BBKnowledge.com.

Beaumont: Why City Still Owes Millions in Transportation Lawsuit

18 May 2016 00:00:00 -0800

Best Best & Krieger LLP attorneys Jeffrey Dunn and Thomas Eastmond won a $57 million trial award on behalf of the Western Riverside Council of Governments in a transportation fee dispute with the City of Beaumont. The court found that, had the case been one for fraud, it would have found fraud by clear and convincing evidence because “[t]he evidence and testimony reveals that city management and staff engaged in a pattern and practice of deception that transcends the typical give-and-take of dispute negotiation.” The case was years in the making with a painstaking gathering of evidence on the City’s convoluted finances. The court judgment opened the way to further investigation by local, state and federal officials. Partner Steven DeBaun, who serves as WRCOG general counsel, assisted with the case. (Read more about the case here.)

On May 17, the Riverside County District Attorney’s office announced that seven top city officials were charged for misappropriating those funds. The charges come nearly two years after BB&K provided evidence that showed Beaumont failed to comply with its Transportation Uniform Mitigation Fee Program obligations. The TUMF was administered by WRCOG.

The Riverside Press-Enterprise interviewed Jeff in connection to the charges.