The Law Commission instead suggests that responsibility should fall on the developer or manufacturer of the hardware that enables self-driving functions on the vehicle.<\/p>\n
[Read: Why your EV\u2019s range matters less than you think<\/a>]<\/em><\/p>\n Directors of said manufacturing companies would have corporate liability, which means they would be prosecuted when the cause of an accident has been confirmed. If the failure of self-driving technologies play a part, directors can expect to be reprimanded.<\/p>\n The \u201cuser in charge\u201d of the vehicle would still be responsible for maintaining the vehicle, ensuring passengers wear seatbelts, insurance, and all that other regular stuff.<\/p>\n This all sounds fine if that vehicle is fully autonomous, also known as Level 5 according to the SAE Levels of Autonomy \u2014 read about them here<\/a>.<\/p>\n However, the Law Commission references a \u201ctransition period\u201d of 10 to 40 seconds in which a driver would have to regain control of the vehicle. During this handover, the driver isn\u2019t responsible for accidents.<\/p>\n With that, it shows the Law Commission isn\u2019t actually talking about fully autonomous vehicles, rather, it\u2019s talking about partially automated vehicles, which aren\u2019t the same thing and are constructed from a confusing meld of technologies.<\/p>\n The Law Commission did suggest that self-driving vehicles should be regulated in two different tiers, though, differentiating between fully autonomous and not \u2014 but the reality is automated vehicles are far more nuanced than that.<\/span><\/p>\n One tier would include vehicles, that are capable of driving themselves in all situations or Level 5 by the SAE\u2019s ranking<\/a>. The other tier would include vehicles that are only able to drive themselves on the motorway, which could be Level 2, Level 3, or Level 4 according to the SAE<\/a>.<\/p>\n In a Level 2 vehicle, a human driver is required to be in full control at all times. In Level 3 systems, the driver can take their eyes and attention off the road for short periods of time in specific situations. While Level 4 systems are considered fully autonomous, but only in very specific geofenced locations.<\/p>\n On one hand, this is good news. The Law Commission is attempting to get its head around how self-driving cars will be regulated, which is gray area right now.<\/p>\n However, because the commission\u2019s plans don\u2019t extend through all SAE Levels, and specifically address each one individually, its proposals lack specific scope in the terminology the industry has adopted.<\/p>\n There is already enough confusion as to what constitutes a \u201cself-driving\u201d vehicle. This is encouraged by autonowashing<\/a>, the spurious practice where automakers oversell the capabilities of their vehicles\u2019 self-driving systems. This leads to drivers believing their cars are more capable than they are.<\/p>\n As a result, many believe Level 2 systems to be self-driving, even though they are not.<\/p>\n Unless the Law Commission also considers these technologies, drivers will begin to believe they\u2019re legally indemnified when using their vehicle\u2019s automated systems when they are not.<\/p>\n In the worst case, this will lead to drivers of Level 2 vehicles putting even more trust than they should into their vehicle. When this happens, accidents and fatalities are a sad but inevitable result<\/a>.<\/p>\n That\u2019s not to say the commission\u2019s proposal shouldn\u2019t extend to Level 2 vehicles, it absolutely should. Level 2 systems are on our roads now and lack clear regulation. Level 4 and 5 cars are still a way off in the future.<\/p>\n What\u2019s more, making companies legally responsible for their role in accidents when automated technologies are in use would make them think long and hard about how they\u2019re marketing the capabilities of their systems.<\/p>\n For the safety of our roads, the regulation has to address technologies of now and <\/em>the future.<\/p>\n SHIFT<\/a> is brought to you by Polestar. It\u2019s time to accelerate the shift to sustainable mobility. That is why Polestar combines electric driving with cutting-edge design and thrilling performance.<\/span><\/i> Find out how<\/span><\/i><\/a>.<\/span><\/i><\/p>\n Published December 18, 2020 \u2014 11:59 UTC <\/p>\nIt\u2019s a good start<\/h2>\n
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