Safety first for self-drive cars

We live in exciting times when new technological and scientific discoveries are continuously changing our lives for the better.

Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury at Cartmells.

Improved medical care, access to global markets and online communities have opened up our world in a way which would have been unimaginable even 20 years ago.

But these cutting-edge innovations and technologies also need to keep pace with society – and the laws which govern us.

The Law Commission of England and Wales and the Scottish Law Commission recently published a review of driving legislation to enable the safe and responsible introduction of automated vehicles on our roads.

Automated vehicles are defined as vehicles which are capable of driving themselves without being controlled or monitored by an individual for at least part of a journey.

If you imagined self-driving cars were a Silicon Valley whim restricted to the sunny streets of California, then think again.

The Government believes automated vehicle technology is set to play a major role in the future of transport, with potential societal benefits including offering zero emission public transport solutions, improving access to services for rural communities, and reducing human errors that can lead to accidents and collisions.

It’s estimated that the market in the UK could be worth as much as £42 billion by 2035, capturing around six per cent of the £650 billion global market and creating approximately 38,000 new jobs.

Fully driverless cars are not yet legally permitted in the UK, but autonomous features are being developed by car makers.

In April last year the Department for Transport announced it would allow hands-free driving in vehicles with lane-keeping technology on congested motorways, at speeds of up to 37 mph.

While it will be some time until we are all ‘driving’ automated vehicles, there is no denying that they are a reality which has implications for everyone.

As a catastrophic injury solicitor, I fear for the implications on all road users, especially if drivers are unaware of when and if they are required to take control of a vehicle and may be lulled into a false sense of security.

The law is there to protect us from harm but what happens when technological developments move faster than society?

The joint report by the legal review bodies follows a Government consultation into the safe use of automated vehicles on our roads.

The Law Commissioners’ report proposes that the person behind the wheel of a self-driving car should not be legally responsible if it is involved in a crash. So if anything went wrong, such as speeding or running a red light, they would be immune from prosecution.

Under the plan, the company or body that obtained authorisation for the technology – the authorised self-driving entity – would instead face sanctions.

Whoever is in the driving seat would remain responsible for other duties such as obtaining insurance, checking loads and ensuring child passengers wear seat belts.

The Law Commissioners also recommended that a clear distinction is made between features which just assist drivers, such as adaptive cruise control, and those that are self-driving, which perform all the tasks involved in driving.

David Bartos, Scottish Law Commissioner, said the proposals focused on “ensuring safety and accountability while encouraging innovation and development.”

It is for the UK, Scottish and Welsh Governments to decide whether they accept the report’s recommendations and implement the necessary legal reforms.

Further changes to The Highway Code to include autonomous vehicles have already been proposed.

Any introduction of autonomous vehicles – or vehicles with autonomous features – to our roads is a huge step-change in society.

It’s essential that the public has confidence that they are safe and the necessary protections are in place, just as they are for driving a traditional vehicle.

You can contact Carol on 01228 516666 or click here to send her an email.