Practical Considerations Regarding Level 5
There are technical and practical considerations that mitigate the literal meaning of the stipulation that a level 5 ADS must be capable of ‘operating the vehicle on-road anywhere that a typically skilled human driver can reasonably operate a conventional vehicle,’ which might otherwise be impossible to achieve. For example, an ADS-equipped vehicle that is capable of operating a vehicle on all roads throughout the US, but, for legal or business reasons, cannot operate the vehicle across the border in Canada or Mexico can still be considered level 5, even if geo-fenced to operate only within the US. The rationale for this exception is that the geo-fenced limitation (i.e., US, only) is not due to limitations on the technological capability of the ADS, but rather is due to legal or business constraints, such as legal restrictions in Canada and Mexico/Central America that prohibit level 5 deployment, or the inability to make a business case for expansion to those markets.