Who is responsible for autonomous vehicle accidents? UK says it’s on carmakers

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Last year, the UK became the first country to regulate the use of low-speed autonomous vehicles on motorways. Specifically, this means vehicles equipped with Automated Lane Keeping Systems (ALKS), capable of controlling direction and speed within a designated lane.

But the government expects automated driving systems (ADS) will soon develop to such an extent that an AV will be able to drive without a human paying attention to the road, as is currently the case. .

And, of course, this has profound legal consequences.

For this reason, the Law Commission of England and Wales and the Scottish Law Commission have reviewed the Automated Vehicles Act 2018, recommending a new system of legal liability.

Drivers should not be held responsible for accidents

In fact, the person who sits in the driver’s seat while an autonomous driving function is activated will no longer be a “driver”. Instead, they are considered a “responsible user”.

Responsible users cannot be prosecuted for offenses resulting directly from the act of driving: exceeding the speed limit, running a red light, causing an accident, etc.

Instead, they will be responsible for other tasks, such as taking out insurance or checking that children are wearing their seat belts.

However, they may be required to resume driving in response to a “transition request”. For example, if the vehicle encounters a problem that it cannot handle.

This does not mean that the responsible user should monitor vehicle performance throughout the journey. In such a case, the car would alert the user with visual and audible warnings in sufficient time.

But when users take responsibility for driving, they also become legally responsible for any traffic violations.

Responsibility lies with ADS manufacturers

The law commission proposes a new legal actor behind autonomous vehicles: the approved autonomous driving organization (ASDE). ASDE can be either an automobile manufacturer or a software developer, or both.

The ASDEs are the ones who will take legal responsibility for the driving duties and all related infractions. They are also responsible for the following:

Misleading marketing: the use of terms such as “self-driving” and “automated vehicle” for technology that is not permitted under the program and which is likely to mislead drivers regarding the distinction between driving assistance and autonomous driving features is considered a criminal offence. Approval: Each ADSE will be required to present proof of approval, a security case and an equality impact assessment. Data requirements: ASDEs must provide regulators with details of how data will be recorded, stored, accessed and protected. In this way, vehicle performance can be monitored and evaluated, especially in the event of an accident. Always vital: the definition of self-driving

The Law Commission proposes the following definition:

A vehicle should only be allowed to drive alone if it is safe, even if a person is not supervising the driving environment, the vehicle or the way it drives.

For the British body, this does not mean that the VA are not compatible with the “request for transition”, mentioned above. Instead, it’s part of a vehicle’s automated abilities to recognize problems it can’t handle and issue a transfer.

Overall, the report attempts to detail a regulatory framework that can be adapted as closely as possible to emerging road safety requirements. And while there are still gray areas, it shows significant progress towards the safe deployment of autonomous vehicles.

The recommendations have been tabled in Parliament and are awaiting approval by the UK, Scottish and Welsh governments.

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