A legal watchdog in the UK has proposed that self-driving car users would be exonerated from driving-related offences that lead to crashes. Users may not face legal consequences for dangerous driving, not respecting speed limits and ignoring red lights.
Drunken driving, overspeeding, running “Stop” signs, and dangerous driving are all something that drivers can be held legally responsible for right now. Yet, things might change if you’re a “driver” of a self-driving car, according to new guidelines proposed by the Law Commission of England and Wales and the Scottish Law Commission.
The legal watchdog in the UK proposed that users of self-driving cars would not be held responsible, legally speaking, for road safety. More precisely, instead, they would be considered “users-in-charge” as opposed to drivers and would be exempt from responsibility for driving-related infringements, like dangerous driving, exceeding the legal speed limit, or ignoring a red light.
Now, if the new proposed guidelines are accepted, it would mean that the legal responsibility for road safety would be placed on the carmakers instead of the drivers. However, the “drivers” would still have responsibilities like carrying vehicle insurance, ensuring proper loads, and ensuring that child passengers wear seat belts.
This article explores in detail what the joint report means and how it can affect road safety.
Limited legal responsibility for users-in-charge
The report released by the Law Commission of England and Wales and the Scottish Law Commission supports the idea that legal responsibility for road safety should stay with carmakers instead of the users-in-charge. More precisely, it is based on the idea that the carmaker must have obtained authorization for the self-driving features used by the vehicle they sell. The purpose of these changes isn’t to burden auto companies with all the responsibility but to build public confidence in self-driving technology.
Based on the idea that self-driving technology has the potential to make everyday drives safer and more environmentally friendly, lawmakers are trying to build confidence in consumers to purchase autonomous vehicles that would benefit not only to make the roads safer for everybody but also the environment.
There have been some cases that made the news headlines that have significantly hurt the confidence people have in these vehicles. From deadly wreaks that led to the death of people to being charged with reckless driving simply for enjoying the “autonomous” experience offered by the vehicle, such stories have affected how consumers perceive self-driving cars. Instead of trusting them for making travelling by car easier, safer, and more comfortable, they now fear that they can’t trust technology or how the authorities respond to their minimal involvement in getting from one destination to another.
By lifting some of the legal responsibility from drivers and moving it to the carmakers, authorities are trying to motivate auto companies to do their best in designing safe autonomous vehicles for all road participants. At the same time, the same action can help consumers regain trust in the comfortable and safe experience self-driving cars can offer.
A clear distinction between self-driving and driver-assisted vehicles needed
The commission also underlined an essential aspect that needs to be considered: the distinction between self-driving vehicles and driver-assisted ones. This distinction is crucial and also affects the final legal responsibility a driver or user would have in case of a crash or other road incident.
Most modern vehicles provide plentiful features like keeping the car within its lane, speed controls, or emergency braking. Yet, these features are only meant to assist the driver in having a safer and more comfortable journey. This means that such vehicles are driver-assisted ones, still needing a human driver to control certain things about the vehicle. In contrast, fully automated vehicles drive themselves without requiring any human intervention to respect traffic conditions, signs, speed or break.
The lawmakers underline the importance of teaching consumers the crucial difference between these two types of vehicles. It is also essential not to confuse customers with marketing by giving consumers the misleading impression that they do not need to monitor the road or the vehicle while they are behind the wheel. In other words, it is crucial for drivers to be perfectly aware of whether they are driving a vehicle with technologies meant to assist the driver or a self-driving and autonomous one.
Drivers of conventional or driver-assisted vehicles will still be held responsible for the personal and property damage that results from a traffic collision. An, their victims will be entitled to get help from no win no fee solicitors with their personal injury cases. The story might be different for users of self-driving cars if these recommendations are accepted.
The UK, Scottish, and Welsh governments now need to make a decision on whether or not they will accept the commission’s recommendations and design the right legislation to bring them into effect.
Will self-driving cars actually make the roads safer?
Despite living in a very digitalized era, many consumers still largely don’t trust technology without supervision. Data from YouGov also shows that many Brits don’t feel comfortable riding in autonomous cars. More precisely, 73% of respondents said that they would feel uncomfortable as a passenger of an autonomous car. Only 25% of respondents agreed to be happy and comfortable sitting in an autonomous vehicle. Moreover, 72% of people said that they would trust a human driver to make better decisions if a high-risk situation occurs over an autonomous car. That makes it clear that there’s a massive mistrust of riding in or even driving near an autonomous vehicle. This explains the commission’s efforts to change the public perception.
However, despite the lack of confidence in technology’s abilities to drive safe, autonomous vehicles have many features that can improve safety. Data from the Department of Transportation and the National Highway Traffic Safety Administration suggests that 94% of road accidents are caused by human error. So, by eliminating the need for human involvement, autonomous cars would surely lead to safer roads assuming that car makers get the technology used right. Besides decreasing potential human errors, self-driving vehicles also improve fuel efficiency and reduce the risk of alcohol and drug-impaired drivers from getting on the road.
