Who’s Legally Accountable When an Autonomous Truck Crashes?
Australia’s New Compliance Landscape Shifts the Burden from Driver to Developer
Autonomous trucks are no longer the stuff of science fiction — they’re already on Australian roads in controlled trials. But as artificial intelligence takes the wheel, one major question looms for regulators and businesses alike: Who is responsible when something goes wrong?
Until recently, compliance frameworks in Australia placed the bulk of legal responsibility on human drivers. But with Level 3 and 4 automation now in testing phases, that legal model no longer fits. The upcoming Automated Vehicle Safety Law (AVSL) aims to change that.
What Is the AVSL and Why Does It Matter?
The National Transport Commission (NTC) is leading the charge with AVSL — a national regulatory framework that will underpin the safe deployment of automated vehicles across all states and territories. At its core is the creation of a new legal entity: the Automated Driving System Entity (ADSE).
Unlike traditional models where the individual driver is held accountable, AVSL will hold the entity responsible for the operation of the automated driving system legally liable for its safety and compliance. That means the burden could fall on:
- Tech developers
- OEMs (original equipment manufacturers)
- Fleet operators deploying third-party AI systems
- Or partnerships that integrate multiple systems
This shift is a game-changer for transport compliance managers, who must now navigate a broader and more complex set of legal obligations tied to system safety, data integrity, and operational readiness.
Who’s Already Testing This in Australia?
The shift isn’t theoretical. Trials are already underway:
- Plus, a global autonomous trucking leader, is actively testing Level 4 autonomous trucks in Australia in partnership with Transurban. These tests involve high-capacity freight corridors and smart infrastructure.
- In the United States, Aurora has pushed the envelope further—removing onboard safety drivers and instead supervising from lead escort vehicles. The move has triggered legal and public scrutiny, highlighting the real-world tension between innovation and oversight.
These trials demonstrate how quickly the industry is moving—and how urgently compliance leaders must get ahead of the regulatory curve.
What Compliance Teams Need to Know Now
With AVSL expected to roll out formally across states from late 2025 into 2026, organisations need to begin laying the groundwork. Here’s what should be top of mind:
| Key Area | Emerging Compliance Implication |
| Legal Entity Structure | Ensure clarity on who will serve as the ADSE in your operational model |
| Incident Responsibility | Define response protocols and insurance models for autonomous system errors |
| Data Logging & Evidence | Implement tamper-proof systems to record operational context pre-/post-incident |
| Testing & Validation | Align safety protocols with national guidelines before live deployment |
| Interstate Consistency | Track legal harmonisation across states to avoid jurisdictional risk |
As technology accelerates, compliance isn’t just about meeting the minimum — it’s about designing for trust, safety, and future-proof operations. The organisations that embrace this shift early will be the ones leading the road ahead.
(By Brenda Frisk, Department of Future)