Self-Driving into disaster?

Driverless cars might sound futuristic, but in reality the technology has already hit the road — Google’s autonomous vehicles regularly patrol Silicon Valley and Tesla has announced that its Model S combines “cameras, radar, ultrasonic sensors and data to automatically steer down the highway, change lanes and adjust speed in response to traffic”. Upon arrival, the Model S even locates and populates a parking spot at your behest.

 

So why aren’t we all enjoying our morning commute from the passenger seat, reading the latest GN Focus title as we sail, or crawl, down Shaikh Zayed Road? The answer has less to do with the ability of robots to drive safely (Google reports that while its driverless cars have been in accidents, they’ve never been at fault save for one incident last month) and everything to do with something much older: liability law. If a driverless car ever does cause an accident, who’s on the hook financially and/or legally?

 

While China represents the largest market for car sales, carmakers are more focused on the US, the number two market, for regulatory guidance on how this will play out. The biggest hint so far came in a recent letter from Paul A. Hemmersbaugh, Chief Counsel at the US National Highway Traffic Safety Administration (NHTSA), to Dr Chris Urmson, Director, Google’s Self-Driving Car Project. In  the letter NHTSA states, “If no human occupant of the vehicle can actually drive the vehicle, it is more reasonable to identify the driver as whatever (as opposed to whoever) is doing the driving.” Effectively, US law will treat the car’s software as the driver. This could, over time, shift the emphasis on personal liability to another segment of the law. It also suggests that if the driver is in a position to avoid an accident by taking the controls, then they might ultimately be liable — Google’s cars, unlike other manufacturers, don’t have steering wheels and brake pedals at all.

 

According to a 2014 report by think tank Brookings Institution, the advent of driverless cars will create “a driving environment that on average is far safer than what we are accustomed to today”. The report suggests that this emerging technology will ultimately be supported by the US’s “robust products liability law framework that, while certainly not perfect, will be well equipped to address and adapt to the autonomous vehicle liability questions that arise in the coming years”. So if Google’s software causes an accident, the company would ultimately be liable.

 

Not content to simply watch what the Americans do, the UAE has its own study in progress. “The RTA has set up a team for studying the use of autonomous cars [driverless vehicles] to map out a strategy and a work plan for addressing the latest developments in this field and identifying the standards and specifications required in these vehicles along with the needed infrastructure and safety legislations,” said Mattar Al Tayer, Chairman of the Board of Directors and Director-General of Roads and Transport Authority (RTA) in February last year. “In this context, the RTA has approached a host of international manufacturers of smart vehicles to examine technological alternatives on offer and plan for real-life experiments for using such vehicles in Dubai under RTA supervision.” 

 

Given the RTA’s emphasis on its driverless Metro system, it’s likely we would eventually see autonomous driving in commercial vehicles such as trucks and buses. As with passenger vehicles, there’s already a pilot programme in the works — the Navya Arma self-driving bus concept is set to begin real-world testing in Perth, Australia. “It is not a matter of if this technology will come to Western Australia, but when, and that time is fast approaching,” said Transport Minister Dean Nalder last month. “Initially, the trials will be conducted at [the Royal Automobile Club of WA’s] driving centre, but eventually the shuttle will take to Perth roads.” 

 

There’s no doubt that technology makes us safer on the road — airbags, traction control and even seat belts can all be said to meet this criterion, but with the advent of more and more advanced interventions, carmakers are looking forward to a day when liability might be moot. Dr Uwe Ernstberger, Programme Manager for the Mercedes S-Class told Gulf News during its launch that the car harnesses 20 driver assistance systems to “ensure we take a big step closer to our goal of accident-free driving.” And that, a world without car accidents, is an end game no one could find fault with.