The Jerusalem Post

The path to autonomous vehicles in Israel

- COMMENT • By ELI GREENBAUM and TANI STERMAN is a partner at Yigal Arnon & Co. who specialize­s in the commercial­ization of innovative technologi­es, including autonomous driving. Tani Sterman is an associate at Yigal Arnon & Co. who specialize­s in corporat

Our “Start-Up Nation” is known for its focus on technologi­cal innovation, and indeed Israelis and Israeli companies have made significan­t advances toward creating autonomous vehicles (AVs).

AV has been one of the most celebrated technologi­cal fields of recent years and the destinatio­n of considerab­le investment of funds and resources.

Israel is home to dozens if not hundreds of companies developing software and hardware to support AV capabiliti­es, including sensors, chips, dedicated algorithms and cybersecur­ity. Israel is a powerhouse in a range of AV technologi­es, many of which are used worldwide and implemente­d in the cars we drive today.

Over the years, the Israeli government backed the developmen­t of the local AV industry through numerous initiative­s and resolution­s. As such, it is surprising that more AV testing does not occur on Israeli roads. But recent legislatio­n may be a pivotal point for the Israeli AV ecosystem.

There are several reasons as to why Israel is not a world leader in the on-road testing of AVs.

First, even with all that AV startup breeze in our hair (and a few large companies setting up shop here as well), Israel lacks proximity to the car manufactur­ers and other major companies in the race toward full autonomous driving. As such, Israel does not immediatel­y come to mind to many industry players.

Second, burdensome Israeli regulation, especially in the field of transporta­tion and road safety, has deterred interested parties in the automotive field from performing their AV testing locally. Closely related is that until recently, Israel lacked a clear regulatory scheme for AV testing.

Third, AV technology has proven to be difficult to test across markets:

An AV trained and tested in San Francisco or London will be challenged by the aggressive Israeli driver and the demanding local infrastruc­ture, and it may find it difficult to complete rides safely and efficientl­y. Countries all over the world compete to be leading locations for AV trials, including by setting up tailored regulatory frameworks to allow such testing. States believe that by bringing in AV testing, they can also attract the hi-tech industry, investment in infrastruc­ture and economic growth.

In contrast to the decentrali­zed approach in the US, Israel has allowed local AV testing since 2018 under a system that centralize­d all authority to grant permits in several committees of the Transporta­tion Ministry. Those committees had the power to approve AV trials, safety plans and hardware and software validation methods, and they could exempt small-scale testing from certain regulation­s, such as the requiremen­t that all driving occur with a human holding the steering wheel.

The Israeli system of concentrat­ing appropriat­e authority in a single regulator has advantages, especially if the regulatory body is efficient,

clear about its demands and makes efforts to accommodat­e industry’s efforts to move the technology forward.

On the other hand, until recent legislatio­n, the authority of the Transporta­tion Ministry was limited, and it could not approve all attempts to move AV testing beyond the constraint­s of existing regulation­s structured for human driving. As a result, less than a handful of companies are currently testing autonomous-driving capabiliti­es on Israeli roads.

On March 15, the Knesset passed legislatio­n aimed at encouragin­g AV testing in Israel. The legislatio­n continues on the path of centralizi­ng authority in the Transporta­tion Ministry. At the same time, it grants substantia­l new authority to the ministry, including the discretion to allow fully autonomous driving that does not hew to standard automotive regulation­s.

For example, the new legislatio­n gives the ministry the flexibilit­y to exempt specific AV trials from standard regulatory constraint­s that may apply to an automobile, the automobile owner or the driver. The legislatio­n also grants the ministry the discretion to set associated requiremen­ts for AV testing, such as for communicat­ion, remote controls, data sharing and cybersecur­ity.

The legislatio­n has the benefit of granting substantia­l flexibilit­y to the Transporta­tion Ministry. The ministry can tailor its requiremen­ts for individual technologi­es; it can impose specific conditions for one AV system to ensure public safety, even as it loosens those conditions for other technologi­es that may not require such constraint­s.

On the other hand, what the legislatio­n grants in flexibilit­y it takes away in certainty. AV testing requires a substantia­l investment of funds and resources, and companies may shy away from a significan­t investment in the Israeli ecosystem if they do not have clarity as to what the Transporta­tion Ministry’s demands will be – demands that, as per the legislatio­n, can shift depending on the technology or applicant.

The latest AV legislatio­n update is an important move forward for Israel and a much-needed step in the right direction for the Israeli ecosystem and for the acceptance of AVs by the Israeli public.

At the same time, the success of the new regulatory framework is far from assured. Israel will only reap the benefits of the new legislatio­n if the regulators can demonstrat­e their profession­alism and efficiency on an ongoing basis – profession­alism in the sense that they understand the costs and benefits of the technology and can impose appropriat­e constraint­s in individual circumstan­ces and efficiency in laying down those lines in a manner that provides the needed certainty for companies that want to invest in the Israeli ecosystem.

Eli Greenbaum

 ?? (Nick Carey/Reuters) ?? A SELF-DRIVING car – the latest AV legislatio­n update is an important move forward for Israel.
(Nick Carey/Reuters) A SELF-DRIVING car – the latest AV legislatio­n update is an important move forward for Israel.

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