Motorists in self-driving cars will not be liable for accidents

MOTORISTS in self-driving cars will not be held legally responsible for accidents, under Law Commission plans.

The commission recommended the “user in charge” of the vehicle could not be prosecuted for careless or dangerous driving, speeding or running a red light when it was in self-driving mode.

Instead, it proposed the responsibility would fall on the developer or manufacturer of the self- driving car or vehicle whose directors would have corporate liability, which would mean they could be prosecuted once the cause had been established.

The individual owner would, however, still be responsible for insuring the vehicle, maintaining it in a roadworthy state, reporting accidents, parking and ensuring children wore seat belts.

The human “driver” could also still become liable for the driving if there was an incident where the automated vehicle had to pass responsibility to the motorist, such as sudden bad weather.

However, the commission recommended there would be a “transition period” before the human became responsible – possibly of 10 to 40 seconds – in order to allow the individual to find their bearings and understand what they might be required to do. The transfer of responsibility would be accompanied by “multisensory” alerts to ensure there was no doubt that they knew they should take charge, such as noises, lights or even seat vibration or a tug on the seat belt.

The proposals were welcomed by the Government as further evidence of the UK seeking to lead the world in selfdriving cars, while commissioner Nicholas Paines, QC, said they would enable the technology to thrive while protecting the public.

Self-driving cars have already begun being trialled in Oxford as part of a government-backed research scheme called Project Endeavour. The aim of the trials is to test Level Four vehicle autonomy, which means the car can drive itself without the need for a driver.

The commission proposed two types of “automated vehicles”. One might, for example, only self-drive on the motorway but need a human to complete the rest of the trip. The second might be remotely operated as part of a licensed fleet with a user classified as a passenger.

“If a vehicle is classified as self-driving and the ADS [automated driving system] is engaged, the person in the driving seat becomes a ‘user-in-charge’ rather than a driver,” said the commission. This entitled them to watch a film or read emails, and freed them of criminal liability for accidents.