Driverless cars are a bit like marmite. On the one hand, the concept and technology are incredible. On the other, concerns about autonomy and safety leave drivers uncertain. The big question is, what if something goes wrong and you’re not the one in control?
In traditional cars, the driver is in control of the vehicle. This means anything that occurs is the responsibility of the person behind the wheel. However, what about self-driving cars?
A Law Commission of England and Wales and the Scottish Law Commission report is looking into the legal accountability of users of self-driving cars. Surprisingly, the final report suggests if something goes wrong, there should be legal protection for the driver if the system fails.
Completely autonomous vehicles are not yet legal on UK roads. However, car manufacturers are testing the technology and possibilities in this area. So, let’s take a look at how potential changes to the law may come into play.
Current recommendations for self-driving cars in the Law Commissions report
Over the past few years, the Law Commissions have devised a set of recommendations on the regulatory framework of automated vehicles. These include:
The introduction of an Automated Vehicles Act
This act would regulate self-driving vehicles and ensure the distinction between self-driving cars and driver assistance features. It also underlines that if a car has self-driving systems and they are in use, the driver is not responsible for how it drives.
The responsibility in this instance falls with the company of the autonomous system. They would also face the consequences of such failures.
Addressing legal accountability
A vehicle would need to be authorised by a regulatory body to ensure self-driving features are fit for purpose.
Drivers become ‘users in charge’ of a self-driving car. This relinquishes responsibility for any issues while the car is in autonomous mode. It could see immunity from traffic offences such as running a red light or dangerous driving.
Criminal responsibility changes
Another significant area in the report details a change in holding manufacturers and service operators criminally responsible instead of the user. It also covers misrepresentation and non-disclosure of information.
Improving approval systems for vehicles
The report recommends a two-stage authorisation system to build upon the current international and domestic processes already in place. This also adds a second approval stage for self-driving cars on UK roads.
Introduction of legal roles
New legal roles are detailed for everyone, including users, vehicle manufacturers and service operators.
Transparent safety standards
Recommendations detail the need to ensure transparent safety standards. Plus, a definitive line needs to be drawn between self-driving and driver assistance features.
The Law Commissions also identified the potential confusion in the marketing of self-driving and driver assistance features. However, the two are very different, especially with these proposed changes to the law.
The difference between self-driving and driver assistance
There are clear differences between self-driving and driver assistance features. However, marketing terminology can cause confusion.
What is a self-driving car?
Self-driving cars are vehicles that take complete control of driving for you. They use cameras, sensors and artificial intelligence to go from A to B without driver intervention. For a car to be classified as fully autonomous, it needs to showcase it can do all this without adapting any external factors for the journey.
Many car manufacturers are testing and developing self-driving cars. However, Google is the first to create a fleet of autonomous vehicles. These cars are very nearly fully self-driving. However, they require a driver to override the system if required.
What are driver assistance features?
Driver assistance is available in many modern vehicles. They are also referred to as self-driving features. Unfortunately, this is where the confusion can occur.
Driver assistance is not the same as self-driving as it requires a person to be paying attention at all times. These systems need to be programmed before and during a journey.
Examples of features include:
Adaptive cruise control (ACC)
The driver can set a speed and distance for particular roads to ensure a consistent and comfortable journey. These features can also slow down or speed up to retain a safe distance to the traffic in front.
Hands-free steering
This function centres a car without the driver using the steering wheel. However, attention is required at all times.
Lane centring steering
Lane centring systems ensure you don’t wander over the road markings. In addition, some vehicles have an automatic nudge feature, while others beep to alert you.
Automatic emergency braking
This system kicks in to prevent the vehicle from making an impact with other vehicles or objects before they make contact.
Self-parking cars
Self-parking is offered in several new vehicle models. There are a variety of processes, from fully-automated parking to steering assisted parking. Plus, some have a remote control parking option where you just line it up, step out and let it do its thing.
Addressing marketing around driver assistance features and self-driving capabilities
The Law Commissions report also looks at the terminology and marketing surrounding autonomous cars and driver assistance systems. The recommendations state that driver assistance features should not be marketed as self-driving features to avoid confusion.
This ensures drivers remain entirely in control of vehicles even when using these systems. Thus, avoiding collisions or accidents due to lack of attention.
What’s next for self-driving cars?
The report highlights various areas and addresses the need for more regulation and clearer guidance surrounding autonomous vehicles. At present, the recommendations have been laid before the UK and Scottish parliaments to make a final decision. However, if accepted, there may be further legislation to bring changes to law into effect.
The leap to these types of vehicles might seem a little way off. But with more driver assistance features becoming the norm in modern vehicles, safety is paramount. Changes like the above may help to provide more guidance. But ultimately, the aim is to keep drivers safe and focused behind the wheel.
