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Is Our Legal System Ready for Driverless Cars?
A new report says that human occupants cannot be held responsible for accidents caused in driverless cars.
According to the Law Commissions for Scotland, England and Wales, occupants of driverless cars should be redefined as “users-in-charge” which implies different legal accountability than being an actual driver.
The commission says that the responsibility should fall on the car maker or company behind the driving system if something goes wrong.
However, this will no longer apply if a passenger takes control of the car – for example, in bad weather conditions. In this instance, the normal laws for drivers would apply.
To accomodate this, carmakers must clearly define the difference between self-driving and traditional cars to better clarify driverless car laws.
Transport Minister Trudy Harrison said the government would “fully consider” the recommendations. The Scottish and Welsh governments will also decide whether to introduce legislation.
Matthew Avery, chief research strategy officer at Thatcham Research, who were involved in the compiling of the report, said: “We applaud the recommendations that compel carmakers to use appropriate terminology when marketing these systems, to prevent motorists from becoming convinced that their car is fully self-driving when it is not.
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“In the next 12 months, we’re likely to see the first iterations of self-driving features on cars in the UK.
“It’s significant that the Law Commission report highlights the driver’s legal obligations and how they must understand that their vehicle is not yet fully self-driving.”
There’s been significant movement in driverless car laws and the autonomous vehicle space over the last year, with the Department of Transport last year green-lighting an automated lane-keeping system (ALKS).
This means drivers do not have to monitor the road or keep their hands on the wheel as long as they’re in a position to take control of the vehicle within a ten second window.
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