This Article is written by our Editor: Namah Bose, A Second Year BALLB Student at Rajiv Gandhi National University of Law, Punjab.
As we get closer to the finest technology in terms of autonomous vehicles, questions regarding liability, regulatory and insurance matters come to the forefront. As Deloitte estimates by 2040, 80% of new vehicles sales in urban areas will be of autonomous vehicles, the industry is visible growing every day.
Multiple companies are working on their own versions of Autonomous vehicles which will be controlled by Artificial intelligence. Regulations and Statutes on AI are not advanced in majority of countries which makes regulation of Autonomous vehicles a grey area.
WHAT ARE DRIVERLESS OR AUTONOMOUS VEHICLES?
An autonomous vehicle, or a driverless vehicle, is one that is able to operate itself and perform necessary functions without any human intervention, through ability to sense its surroundings. In other words, a driverless car that is capable of running itself. But it isn’t as simple as that, as there are different tiers of autonomous driving vehicles which are differentiated based on the amount of automation. According to SAE International (formerly known as the Society of Automotive Engineers) and the National Highway Traffic Safety Administration recognize six tiers of autonomous driving capability in cars: Level 0, no autonomy; Level 1, driver assistance; Level 2, partial automation; Level 3, conditional automation; Level 4, high automation; and Level 5, full automation. At different levels of automation, the legal regulation is complex. For the longest time, due to the Vienna convention, AVs weren’t allowed on the road. In 2014, an amendment was made to article 8 which took into account the developments in technology and paved way for driverless vehicles as long as the vehicle could be turned off by a human driver. Nevada was the first state in 2011 to develop a legislation towards the legal requirements of driverless vehicles.
CHALLENGES OF LEGALISING DRIVERLESS VEHICLES
LIABILITY
A major legal complication comes into play in case of car crashes in matters of deciding liability. It boils down to who was in control, if it was largely the driver who was in control of the car when the accident happened, the driver would be the one liable. But if it is the autonomous technology which has caused the accident liability shifts to product liability coverage held by original equipment manufacturers. If a car is in level 5 automation, then in that case there is no further proof needed that the car was out of the drivers capability.
INSURANCE
After liability, another issue which needs to be considered is Insurance. Tesla has given the argument that insurance premiums could be lower based on the assumption that automated cars are safer as they are controlled by AI and minimalize risk. In USA, insurance laws are different in every state and this could lead to different approaches when the time comes. Insurance business is likely to be affected negatively. The cars will also have a “kill switch” feature which won’t allow anyone other than the owner of the car to turn the ignition on, which will bring down theft protection premium.
SAFETY IMPLICATIONS OF DRIVERLESS CARS
The first fatality involving driverless vehicle happened in 2016, when a Tesla motors Model S collided with a tractor leading to the death of the owner of vehicle. The sensors in the particular model failed to detect the truck and hence leading to the crash. Yet the driverless vehicles have its own share of safety issues. Dependence on sensors and Malfunction of software can lead to an increased chance of motor accidents. The claim that the cars are going to be accident free is far-fetched. This contradicts the point that insurance premium will go down as roads get safer.
INDIA AND AUTONOMOUS VEHICLES
While the world is developing and considering making AV’s the new reality and multiple companies are working on R & D of autonomous vehicles, India is still far behind in this race. Further the Indian government has taken a clear stand against autonomous vehicles because of the job loss it could lead to in a country like India. India believes that drivers would lose their jobs and this would affect the economy and cause hardships for them.
For automobiles, India is governed by the motor act 1988 and that doesn’t even make an allowance for testing of AV’s. The new act proposed in 2017 mentions testing but there hasn’t been any action. India is not suitable for autonomous vehicles yet because the roads aren’t suitable for AVs to run on it. These are all the reasons which contribute to The Indian governments’ apprehension towards AV’s.
CHALLENGES AND CONCLUSION:
While Autonomous vehicles are the future and will be a reality someday, the day is still far away. An Uber vehicle with a safety driver struck and killed a pedestrian in Tempe, Arizona on March 18; Uber quickly suspended all testing of its autonomous fleet while it investigates the causes of the crash. As such incidents come to light, its clear that testing of automated vehicles is required on a larger scale. The laws should first make rules on testing of such vehicles on open roads etc. Any fatal accidents involving driverless cars needs to be scrutinised.
India’s roads are still not completely safe and prepared for autonomous vehicles. While India is the second least prepared country for autonomous vehicles, it must still not ignore the growing technology. Countries like Netherlands are leading and have launched platoons of more than 100 autonomous trucks on major routes. Autonomous vehicles are the future and all countries should be prepared with laws and legislations for the use of vehicles on a large scale.
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