Who’s to blame for self-driving vehicle accidents? UK says it’s on automakers
If AVs do come, we need a legal framework
Story byIoanna Lykiardopoulou
Ioanna is a writer at TNW. She covers the full spectrum of the European tech ecosystem, with a particular interest in startups, sustainabili(show all)Ioanna is a writer at TNW. She covers the full spectrum of the European tech ecosystem, with a particular interest in startups, sustainability, green tech, AI, and EU policy. With a background in the humanities, she has a soft spot for social impact-enabling technologies.
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Drivers shouldn’t be held responsible for accidents
As a matter of fact, the person who’s seating on the driver’s seat while a self-driving feature is engaged will no longer be a “driver.” Instead, they’re considered a “user-in-charge.”
The users-in-charge can’t be prosecuted for offences which arise directly from the driving task: exceeding the speed limit, running a red light, causing an accident, etc.
Instead, they’ll be responsible for other tasks, such as carrying insurance, or checking that children are wearing seatbelts.
However, they may be required to take over driving in response to a “transition demand.”For example, if the vehicle encounters a problem it cannot handle.
This doesn’t mean the user-in-charge must monitor the vehicle’s performance throughout the ride. In such a case, the car would alert the user with visual and audio warnings within a sufficient time frame.
But when the users assume the driving responsibility, they also become legally accountable for any driving offences.
The liability onus falls on the ADS manufacturers
The Law Commission propose a new legal actor behind AVs: the Authorized Self-Driving Entity (ASDE). The ASDE can be either an automaker, a software developer, or both.
The ASDEs are those who will assume legal responsibility for the driving tasks and any related offences. They’re also liable for the following:
Always vital: the definition of self-driving
The Law Commission proposes the following definition:
For the UK body, this doesn’t mean that AVs aren’t compatible with the “transition demand,” mentioned above. Instead, it’s part of a vehicle’s automated capabilities to recognize issues it can’t deal with and issue a handover.
Overall, thereportattempts to detail a regulatory framework that can adapt as close as possible to the emerging road safety requirements. And although there are still some grey areas, it shows significant progress towards the safe deployment ofautonomous vehicles.
The recommendations have been laid before Parliament, and are pending approval by the UK, Scottish, and Welsh governments.
