Introduction:
Autonomous vehicles or self-driving vehicles are becoming a common place in some countries, with some automobile manufactures like Tesla even basing their entire business model on this venture. The logic is simple, cars that drive themselves allow drivers to use their time better in the process of transportation. However, this new stride in technology comes with its own set of challenges namely determining the responsibility in cases of accidents, what is the extent of automation allowed and what is the line after which the responsibility shifts from drivers to the cars themselves.
Understanding the Technology
To understand the issue better let us first understand the technology, the autonomous driving abilities of the car are stemmed in the various sensors and cameras placed all around the car. The cameras constantly watch in all directions and the sensors cover the instances where there is no proper lighting or the object in question is in a blind spot. All these work in tandem to create the database necessary for the decision-making ability of the car. The autonomous technology is currently divided into 5 levels:
- Level 0 – This level is no automation. The vehicle is fully dependent on the driver for the driving abilities.
- Level 1 – This level is Function Specific Automation, it involves automation of one specific function of the car. This level is best represented in the standard Cruise Control function of cars, it can maintain a certain speed if the driver desires it to be so but all other functions namely steering and braking are still under the driver’s control and thus, he is still responsible for the safe driving of the car.
- Level 2 – Combined Function Automation is where 2 or more functions of the vehicle can be automated like steering and driving. Adaptive Cruise Control is an example where the vehicle can maintain speed and can maintain the lane all by itself but the driver is still responsible for driving the car. All major self-driving cars are currently operating under this level ex. Tesla, Mercedes-Benz etc.
- Level 3 – Limited Self Driving Automation is where the car and all its safety functions can be maintained for a short while if the given conditions are met. In simple words, the car can drive itself but if the conditions change like it starts raining or the road signs aren’t clear it will disable autonomous driving. Currently, the Audi A8 is the only car being sold globally that is Level 3 ready.
- Level 4 – Full Self Driving Automation is the last level in autonomous vehicles, the vehicle is fully independent and can drive all by itself. Currently, no autonomous cars are operating at Level 4.
The Legal Challenge with Autonomous Driving
The automotive industry is dependent on three pillars in the matters of legality, the driver, the owner, and the car manufacturer. The problem with self-driving is that the lines become blurred and it is hard to determine responsibility. The legislation that currently governs motor rules is the Motor Vehicles Act, 1988[1] under which the responsibility for an accident is usually placed on the driver, which in turn can also involve the owner but never the vehicle itself (which can also vicariously involve the car manufacturer). In case of autonomous vehicles, the vehicle might be the one responsible for causing the accident but how does one determine that because the owner can not be held responsible just for owing the vehicle, the driver is negated because he wasn’t driving the car and one would need a high degree of proof in the nature of the defect in the vehicle to place the blame on the car manufacturer. This shows the challenge faced with respect to civil and criminal law as determining culpability becomes a problematic matter.
That brings us to the next challenge which is, at which point does the responsibility shift from the driver to the autonomous car itself. The autonomous cars are still normal cars on a basic level, so in normal driving scenarios the driver is in control but what happens if he puts the car on autopilot midway his trip, if the driver is not the one driving he cannot be held responsible as the actus reus would be missing. Assuming we can hold the machine responsible for the act, the machine can never have a mens rea. The question we are left with is who will be in the wrong in case of a mishap? The responsibility in cases of Level 3 and below autonomous driving vehicles is understood to be with the driver as these cars still require the mental alertness of the driver. The real challenge will arise when we will be infrastructure wise ready for implementation of Level 4 of autonomous driving.
The final challenge in establishing the legality of autonomous driving is the fact that the autonomous cars are already present in the market but the research and legislation regarding the same are missing. More importantly for the legislation to come into place provisions for research and its related permissions have to be granted first, only after adequate research will there be enough data for our lawmakers to act upon.
Current Scenario
In India, the government has taken a stand to not allow autonomous cars for now under the pretext of making sure jobs are not lost due to self-driving cars but, the reality is the fact that the infrastructure for autonomous cars is not even close to ready. So, in India, the cars that have self-driving functions are still sold but with their autonomous driving function disabled.
International Perspective
On a global scale, some countries like USA, Germany, UK etc have certain laws governing autonomous driving cars but they are far from adequate and more importantly, have varied stands on different aspects. In the USA, since 2012 only 41 countries have made legislation regarding self-driving vehicles. In another similar example, the Ethics Commission of the Federal Ministry of Transport and Digital Infrastructure of Germany has released guidelines for self-driving cars. The commission included 14 scientists and legal experts, and the German ministry said it would implement and enforce them. This shows the urgent need for some guidelines from the UN or other international bodies for the same.
Conclusion
The future for autonomous cars is very bright as even though the legislations are not in place but that has not stopped car manufacturers from researching and developing the technology. The truth is if the government will not take proactive action to make legislation then the vehicles would come in the market which will force the need for such legislation eventually.
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