Geoff Moysa discussed why flexible regulation of self-driving cars in Canada may make sense, for the National Post

Geoff Moysa discussed why flexible regulation of self-driving cars in Canada may make sense, for the National Post

States such Michigan and California recently passing laws allowing the testing of driverless cars without pedals, steering wheels or test drivers in the car. Geoff Moysa, a partner in McMillan LLP’s litigation group who specializes in automotive matters, spoke to the National Post about whether Canada’s regulatory framework would allow for such testing, and what guidance Transport Canada might take from the U.S. National Highway Traffic Safety Administration’s (NHTSA) approach.

Rather than issuing hard-and-fast rules for the industry, NHTSA in September released a series of guidelines, including a 15-point safety checklist for manufacturers and recommendations for state-level legislation. NHTSA also told Google that its self-driving system qualifies as a driver under federal law.

In Canada, an autonomous vehicle without a steering wheel and pedals would not be allowed on roads under the existing Motor Vehicle Safety Act.

“Right now, our legislative framework and our regulatory framework don’t even allow for this,” Moysa said. “Transport Canada may want to consider taking a similar approach (to NHTSA) in not regulating the technology as it exists today, but providing a more flexible framework.”

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