INVESTIGATING THE LEGAL IMPLICATIONS OF AUTONOMOUS VEHICLES IN TRANSPORTATION SYSTEMS

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This article is written by Kanika Arora of 4^th Semester of Delhi Metropolitan Education

Abstract

While the concept of autonomous vehicles has been enthusiastically embraced by both scientific communities and commercial markets, ranging from logistics of human transportation to solving the last mile problem across shared economy models in various segments, more than a few aspects still need to be developed. Many of these flaws can be remedied (to some extent) by remote vehicle control before completely autonomous vehicles become the norm. In addition to the many technological difficulties, the remote operation of automobiles has significant legal and economic ramifications that have an impact on a variety of areas, including data privacy, liability for committed torts, and routine areas like traffic law.

Keywords: Tele-driving, remote vehicle control, regulation, and urban mobility,

Introduction

Sci-fi fans and futurists have long believed that the world’s transport system would be exciting in the future. However, according to the status quo, the revolutionary introduction of self-driven or autonomous vehicles has made it widely acknowledged that the future has already arrived in the global transportation sector. Global issues like escalating pollution, depleting resources, population growth leading to clogged highways, and skyrocketing operational costs are all on the increase.

Several technologies are combining to make it possible for vehicles of various shapes, sizes, and purposes to travel from one location to another without an actual human driver, taking into account the aforementioned issues as well as many other growing complications that the world is currently facing. This encapsulates the idea of autonomous vehicles in its entirety.

Overview

A self-driving, autonomous, or driverless vehicle has been built with the capability to operate itself and carry out necessary activities without the need for any human intervention through the use of technologically sophisticated sensory capabilities to sense its surroundings. Such a vehicle uses a completely automated driving system for the same reason, giving it the ability to react to the outside environment much like a human driver does.

There are a total of six stages of automation that affect a vehicle’s operating potential and independence in terms of the present knowledge of conventional and autonomous vehicles (AVs). These are outlined below and range from zero to five:

degree Zero: At this degree of vehicle automation, a human driver must perform all driving and other activities.
Level One: The car is equipped with an ADAS, or advanced driver assistance system, which improves the driving experience by speeding up steering, stopping, or acceleration while also assisting the driver in doing so.
Level Two: Under certain conditions, the ADAS examines all three of the activities of accelerating, steering, and braking. The human driver, who considers additional responsibilities involved in operating a vehicle, nevertheless has ultimate control.
Level Three: The introduction of the ADS, or advanced driving system, marks the beginning of a real breakthrough in automotive technology. Almost all driving-related actions can be controlled by ADS until it asks the human driver to take over the operation. A human driver is obliged to follow suit in such a situation.
Level Four: At level four, ADS is capable of self-automating all operations and driving duties with essentially no human involvement.
Level 5: This is the highest level of automation, where the ADS is completely capable of operating and controlling the mobility of the vehicle with zero assistance from a human driver. The use of 5G technology will allow for this level of automation since it will allow vehicles to communicate not only with other vehicles on the road but also with traffic signals, signs, and roadways.

Typically, the rise of automated cars is portrayed as retaining workers and lowering accidents. However, these sophisticated robotic motors will undoubtedly have a significant social influence that will inevitably have legal ramifications. There are laws governing the operation of these technologically advanced vehicles in these nations because the revolution has mostly started in the industrialized world.

Global legislation governing autonomous vehicles

Automated driving tests were not taken into consideration by governments across the world for a very long time because the Vienna Convention on Road Traffic, 1968, was adopted by the majority of worldwide states and mandated that a human driver be the vehicle’s constant controller on the road. This persisted up until an amendment to Article 8 of the Convention was made in 2014 when the countries recognized how technology was changing and evolving and made provisions for making it acceptable to drive a car as long as the automatic driving system can be “overridden” or “switched off” by a human driver.

One of the largest law firms in the world, Dentons, highlighted in its report titled “Global Guide to Autonomous Vehicles” the fact that states all over the world are pushing for laws and regulations to address the issues connected with this cutting-edge technology, such as security, accountability, and user privacy. The governments of the United States of America, United Kingdom, Australia, Canada, New Zealand, China, and Germany have begun discussing an advanced jurisprudence associated with this new scientific advancement that is seen as the future of international transportation, despite not being widely used in their countries. The legislation governing AVs in these seven nations has been discussed in the report issued by Dentons.

Canada

The three tiers of governance in Canada are municipal, provincial or territorial, and federal. According to the research, regulations governing autonomous cars are available at all three governmental levels, with the federal government placing the greatest emphasis on these laws in the provinces of Ontario, Quebec, British Columbia, and several other municipalities. The survey also made note of the fact that safety is a major concern for Canadian legislators when it comes to the laws and rules governing autonomous vehicles. These legislators want to advance this technology without compromising the safety or lives of people.

United States of America

Ironically, when it comes to testing autonomous cars, the United States of America is far ahead of all other nations, but it lags far behind when it comes to creating a regulatory legal framework for AVs. Federal legislation is essential for successful nationwide enforcement of AV regulation under a federal system like the one that exists in the USA since interstate recognition is important. Several states have already approved their own individual laws or executive orders, and it is now considered vital to adopt a federal law. Nevada was the first state to approve the use of AVs on public roads in 2011.

China

China is one of the nation’s pioneering the shift to autonomous transportation and has made significant progress in drafting legislation to control it. Both the national and local governments currently have road safety regulations that take AVs into account. Regulations on the Administration of Road Testing of Autonomous Vehicles have been made centrally by the Ministry of Industry and Information Technology in collaboration with the Ministries of Public Security and Transport, which is advancing innovation in the nation. The investigation also discovered that the Chinese government’s primary motivation for enacting these rules is to center their country’s future around a cutting-edge, high-tech industrial model.

Australia

In Australia, there are several regulations concerning driving and road safety at the state and territory levels, which leads to irregularities in the legal system between the states. On the suggestion of its National Transport Commission, the Australian Government published Australian Road Rules (or ARRs) in 2018 for pan-Australian effectiveness to address this issue. According to the study, the Commission is also eagerly examining how to incorporate the linked issues and possibilities related to autonomous vehicles into their regulations and change them to accommodate the new technology.

New Zealand

While there are no laws or regulations controlling automated driving and transportation in New Zealand, the government is eager and supportive of the testing being done for completely or semi-autonomous cars. Positively, there are no restrictive laws or regulations that prevent the introduction or testing of this innovative technology.

Germany

Germany, which is already a global leader in the production of automobiles, is also a pioneer in the development of autonomous vehicles. According to the paper, the nation already has a legal plan of action for autonomous vehicles, but for efficient execution, it must be expanded countrywide.

Circumstances in India

One of the largest in the world and accounting for 7.1% of India’s GDP, the automobile industry significantly contributes to domestic employment, the manufacturing and production sectors, exports, foreign trade, and revenue. Without a question, innovation, progress, and, most crucially, automation is what will shape this important industry’s future. As a result, a lot of domestic and international businesses are concentrating on funding and introducing autonomous vehicles in the nation.

Several major automakers and technology companies, including Tesla, General Motors, Audi, Mercedes-Benz, Nissan, Uber, Toyota, and many more, are devoting a significant number of resources and effort to the development of AVs on a global scale. The Indian auto sector is currently lagging and developing slowly compared to its overseas counterparts. Additionally, the current administration has made it apparent that it has no plans to put autonomous vehicles on Indian roads due to concerns about severe job losses.

Although the government is not opposed to technology, Mr. Nitin Gadkari, the Hon. Minister of Road Transport and Highways, said that there is currently a shortage of 25 lakh drivers in India, thus the government could not afford to jeopardize the job of 40 lakh drivers. The government maintains that the implementation of AVs could result in the unemployment of more than 1 crore people because driving skills are a significant source of income for a sizeable portion of the population. Many investors believe that India is not a promising market for self-driven vehicles and is not worth the investment as a result of this governmental reluctance.

The poor state of the nation’s roads and highways, which show infrastructural flaws and result in excessive accident casualties, is another barrier to this revolutionary initiative. However, numerous domestic startups and established firms like Tata and Mahindra continue to invest in the development of the AV sector despite these difficulties and shortcomings.

It cannot be denied that the introduction of AV technology in India will facilitate efforts to address issues like air pollution, carbon emissions, fuel use, traffic congestion, better urban planning, the construction of roads and transportation networks, and improved network connectivity.

What legal issues does it bring up for India?

The deployment of automated vehicles in India is seriously hampered by the country’s current legal system, and to make the necessary changes, a substantial legal and policy revolution is required.

The Motor Vehicles Act, of 1988, which currently regulates and governs automobiles and their use in India, does not formally authorize or sanction the use of autonomous vehicles there. The legal framework is so onerous and convoluted that even testing of AVs is prohibited inside India. Testing is included in the draught Motor Vehicles (Amendment) Bill of 2017. After the measure was proposed, however, little progress was achieved.

The distribution of responsibility if a self-driving car impacts a pedestrian or another vehicle on the road is a crucial issue for giving AVs legal protection. According to current Indian law, in the event of a fatality or permanent injury, the owner or insurance provider may be held liable without regard to guilt under section 140 of the Motor Vehicle Act, 1988.

Privacy concerns also surface with the development of AVs because these vehicles require a sizable amount of user preferences and personal data.

Future legislation ideas about autonomous vehicles

To address its flaws and make room for the adoption of automated vehicles and the related rules, a full analysis of the current legal framework governing the automobile sector in India is required.

The granting of licenses for automated vehicle trials and the publication of strict standards outlining methods of safety guarantee are necessary.
The new regulation should address concerns like what caused the accident, whether it was a technical defect (such as a coding or design error), or a malware/cyberattack on the algorithm powering the car by a hacking third-party.
The lawmakers must make sure that the users of the new law have access to proper data protection and privacy measures, taking into account the various complexities associated with the evolution of technology.
Every new invention raises the crucial legal issue of protecting intellectual property rights. Because they are not an exception, AVs should be covered by IPR legislation.
The insurance environment for motor vehicles will also change since the legal responsibility now rests with manufacturers, programmers, or technology companies rather than car owners. There will be a wide variety of hazards, such as software errors or issues with AI, that will cause insurance claims to surface.

Conclusion

It must be remembered that the public’s benefit and safety come first with any new technology. The same is true of innovations in general, and AVs are no exception. To ensure their security requirements for human users, therefore, proper testing is required, and future legislation must be strict about the rules connected to the assessment of liability. Additionally, the government’s worries about job losses and unemployment following the deployment of AVs in India are not entirely unfounded. However, it cannot be denied that technology will help open up several fresh and more diverse pathways in India, including those in the fields of engineering, robotics, software development, engineering, and information technology. These sectors require attention.

References