Driverless cars could present legal conundrums in future, lawyers have warned.
Earlier this year, trials of driverless cars began for the first time in the UK in Greenwich, Bristol, Milton Keynes and Coventry. Dominos Pizza has also announced the start of its autonomous delivery services.
With no brakes or steering wheel let alone a driver, who is responsible in the event of collision?
Joseph Dalby and Ruhi Sethi, of 4-5 Gray’s Inn Square, explain the “first legal quandary”, that there is no obvious driver, although a passenger may be “a passive driver” if there is an emergency stop button on board, opening up the possibility of personal liability or contributory negligence. Second, there is a roster of potential candidates for liability, including the network provider that maps the route and the various manufacturers of the hardware, software, sensors, transmitters and other parts. The solution, say Dalby and Sethi, may lie in product liability law with strict liability imposed by the Consumer Protection Act 1987.
However, “the real problem for potential claimants is evidential. How does one identify the defective part in a complex piece of technology and hardware? The simple answer is: a black box, similar to that used in aviation but it is unclear at this stage whether driverless cars will be installed with this". Without this, it would be difficult to identify potentially culpable parties.
Terry Parker, director of vehicle leasing company, Alternative Route, says: “My biggest concern is over who would take responsibility should and accident occur is this down to the manufacturer or the driver.
“My suspicion is that it would still be the individual responsible for the vehicle—the 'driver'. Also, if the so-called driverless vehicle had to take action to avoid an incident but in turn places the vehicle, occupants or others in another dangerous situation by doing so, how does the car make the judgment and would the outcome be deemed as an 'accident' as it was down to avoiding action?
“Further questions are also on the table in respect of whether you would need a driving licence or be in a fit state to drive the vehicle, for example, when under the influence of alcohol.”
Drones (or remotely piloted aircraft systems) have also come under scrutiny. Last month, the House of Lords called for an EU-wide register of drone owners, and in January Scotland Yard declared London a “no drone zone”.
Writing in NLJ on 12 March, Joseph and Ruhi advised lawyers to brush up on aviation law as the use of drones was set to become widespread. They predicted that “drone law” could also touch on areas of nuisance, regulation, criminal and public law.
