Legal Implication of Autonomous Vehicles
From the gas powered vehicle in 1886 to an evolution in the automobile industry, this has led to the development of Autonomous Vehicles. Using sensor and radars to sense their environment and controlling the car, AV’s have progressed significantly since their conceptualization. Exploring the levels of automation functions to knowing their benefits, this research paper emphasizes the need for comprehensive regulatory law specific to Autonomous Vehicles in India. adopting from other nations and taking references from their regulatory laws, to implementing them in India once the vehicles are publicly manufactured.
CASE ANALYSIS
Abstract
From the gas powered vehicle in 1886 to an evolution in the automobile industry, this has led to the development of Autonomous Vehicles. Using sensor and radars to sense their environment and controlling the car, AV’s have progressed significantly since their conceptualization. Exploring the levels of automation functions to knowing their benefits, this research paper emphasizes the need for comprehensive regulatory law specific to Autonomous Vehicles in India. adopting from other nations and taking references from their regulatory laws, to implementing them in India once the vehicles are publicly manufactured.
Keywords: Autonomous Vehicles, Regulatory Challenges, Legal Ambiguities,
Cybersecurity, Liability
Introduction
When the first modern car patented as “vehicle powered by a gas engine” by the German inventor, Karl Benz in 1886 came out, it was the birth certificate of something extraordinary. A non-living thing that was made for quick transport of goods and services along with people instead of using living things like horses and donkeys for transport which was a much slower mode. A dynamic and forward moving industry known as the automobile industry, never stopped growing after 1886. From the first petrol car, to the first diesel car in 1936 and as years passed it grew and never had a thought of ever stopping. It grew to such an extent that in 1939, Norman Bel Geddes, an American designer and futurist of the automobile industry had the idea of an Autonomous Vehicle (AV) which would use electronic speed and collision control systems. After 86 years of constant development and research, we finally see autonomous vehicles on the road. But what exactly is an Autonomous Vehicle? According to Synopsys, “An autonomous car is a vehicle capable of sensing its environment and operating without human involvement. A human passenger is not required to take control of the vehicle at any time, nor is a human passenger required to be present in the vehicle at all. An autonomous car can go anywhere a traditional car goes and do everything that an experienced human driver does.” Even though AV’s might seem to be new technology, the first such vehicle dates back to the 16th century when Leonardo da Vinci designed a three wheeled self-propelled cart which is not only the first AV but also regarded as the first robot of any kind. His cart was capable of moving on its own without even needing a push. Today’s AV uses radar, cameras, sensors, actuators, complex algorithms, machine learning
systems and powerful processors to implement software. Monitoring nearby cars and objects, detecting all the road signs and traffic signals, even pedestrians. It also uses LIDAR (Light detection and ranging) sensors to bounce a pulse of light off the car surroundings to measure distance, detect road edges and identify lane marking. There are 5 levels of automation that these vehicles use.
● Level 0:
The vehicle completely depends on the driver. But features like ESC, ABS, blind
view monitoring system, reverse cameras and sensors, etc are available at this level
but these features do not control the vehicle.
● Level 1 ADAS:
The Advanced Driver Assistance Program (ADAS) is present at Level 1 and Level 2.
ADAS at Level 1 performs a few functions that aid the driver while driving in specific
situations. It includes Adaptive Cruise Control where the car monitors the vehicle in
front and takes control of the accelerator and brake, and uses them accordingly. Even
though the pedals are controlled by the car, it does not take away the responsibility of
the driver.
● Level 2 ADAS:
At this level the car can control the steering, acceleration and deceleration on its own
while the driver performs other tasks. In addition to Level 1 ADAS, Level 2 adds
features like lane-keep assist which keeps the car in the lane without the need of the
driver steering it. It even includes automatic parking. Tesla's Autopilot function is a
Level 2 ADAS feature. In India, this level was first introduced in MG Gloster and
now many cars like the MG Astor and ZS EV, Honda City and even Hyundai Tucson
gets this. Level 2 is also known as the Partial Driving Automation.
● Level 3 ADAS:
Also known as Conditional Driving Automation, this is where things get a little sci-fi.
The car heavily relies on AI and the assistance functions to make informed decisions
while driving though the driver still has to be conscious and available whenever the
system asks them to. Level 3 includes Traffic Jam Pilot which helps the car to
navigate through traffic and the driver no longer has to continuously monitor the car
as they had to in Level 2.
● Level 4 ADS:
Unlike Level 3 where you can intervene and control the vehicle, Level 4 vehicles take
most decisions on their own but drivers can also manually take control of the car.
These vehicles can drive without a driver but are geofenced to a certain area. The
vehicles perform different functions in different situations.
● Level 5 ADS:
The full automated driving level. No human intervention is needed to control the
vehicle. There’s no geofencing on the car. The only task a human has to do is put in
the destination they want to go and the rest will be handled by the car. This level is
still under development and is not available to the general public. The vehicle uses
sensors, radars, cameras and AI technology to operate and control the vehicle.
Significance
In this rapidly evolving world, Autonomous Vehicles, along with ease of life, bring in a lot of
benefits. Their development promises to counter critical issues that are faced in today’s
transportation sector. According to a study conducted by ScienceDirect, among 173
respondents, 84.4% of respondents are willing to use a driverless car 1 because an autonomous
vehicle is perceived as safer than a human driver. This is because with the new technology
and extensive use of radars, cameras, sensors, etc. AV’s have a 360 degree vision of the
surrounding which helps it to predict other vehicles movement, and act accordingly which
enhances the safety.
Road accidents are a major concern and AV’s substantially reduce injuries and fatalities. The
decreasing number of road accidents lead to the decrease in traffic congestion. Another major
1 Huiying Du ,Why travelers trust and accept self-driving cars: An empirical study, 2021
benefit of AV’s is that people who cannot drive because of old age or any disability, can use
these vehicles as it becomes the easiest mode of transport for them. They also spur economic
growth by creating new opportunities in technology development, manufacturing, and
services. It also optimizes driving patterns which reduces fuel consumption and lower
emission contributing to environment stability.
Objective
If using Autonomous vehicles is that beneficial, why are they not manufactured at a large
scale? Why even after so many years we don’t see full self-driving cars of Level 3, Level 4
and Level 5 ADAS functions on the road? Even though everything related to development is
fast, there lies an underlying problem regarding laws related to their usage, liability during an
accident, data breach, regulatory safety standards, etc. Objective of this research paper is to
discuss the legal implications regarding Autonomous Vehicles.
● Regulatory Challenges in India
Currently in India, we neitehr have self driving vehicles that deliver packages or taxis,
nor does The Motor Vehicles Act of 1988 allow licence or usage of autonomous
vehicles. There is no specific legislation that directly addresses AV’s. Also the Act
clearly specifies under section 109(1)- “Every motor vehicle shall be so constructed
and so maintained as to be at all times under the effective control of the person
driving the vehicle 2 . Even Minister of Road Transport and Highways, Nitin Gadkari,
stated that "I will never allow driverless cars to come into India because it will take
away the jobs of several drivers and I will not let that happen".
● Liability and Accountability
In a driverless vehicle, even if it is registered under the owners name and later it
crashes and kills a pedestrian, the liabilty of the accident in such a case would go
upon whom? The owner, the manufacturer, or software developers or AI providers?
According to section 164 of the MV Amendment Act, 2019, it states that
“Notwithstanding anything contained in this Act or in any other law for the time
being in force or instrument having the force of law, the owner of the motor vehicle or
the authorised insurer shall be liable to pay in the case of death or grievous hurt due
to any accident arising out of the use of motor vehicle, a compensation, of a sum of
five lakh rupees in case of death or of two and a half lakh rupees in case of grievous
hurt to the legal heirs or the victim, as the case may be.” 3 Meaning the owner or
authorised insurer will be liable to pay in case of death or grevious hurt. But this does
not align in case of autonomous vehicles.
If looked upon AV’s perspective, there will be multiple situations where even the
manufacturer could be liable or even the owner or the service provider of the vehicle.
Liability will be sitaution based. For eg. If the safety standards menteion that the
2 THE MOTOR VEHICLES ACT, 1988
3 THE MOTOR VEHICLES (AMENDMENT) ACT, 2019
vehicle needs to be serviced time to time in order to check if all the parts that drive the
car are maintained and serviced, but the driver fails to do so, the liability in case of an
accident can rise upon the owner.
Knowing who will be held responisble and in which sitaution is necessary. There
should be separate liability clause made for payment of compensation in case of death
or grevious hurt due to an accident cause by an Autonomous Vehicle.
● Need for Strong Cybersecurity Measures
As AV’s are fully automated, they are equipped with AI, Sensors, Cameras, etc.
which are an entry gate cyber attacks. The electronic equipments are soul of the
vehicles and if tampered, can lead to a series of problems.
As everything is digitalised, there is a vast amount data stored. This data helps the
vehicle to make real-time decisions. But this data is prone to cyberattacks which can
lead to privacy concerns, security concerns, and even the hacking and controlling of
the vehicle remotely. According to Upstream’s 2022 Global Automotive Cybersecurty
Report, 82% of overall global attacks were carried out remotely without needing any
physical access to the car.
Currently in India, there are no specific laws regulating collection of vehicular data.
Even in cases of accident, if the data is breached and tampered with, evidence can be
removed and no liability can arise. Another big concern is data breach. All the
personal data, real-time location data, etc. can be leaked there are no strong security
measures. Robust cybersecurity measures, encryption technology, authentication
protocols, secure data storage and timely software updates should be ensured in order
to keep the vehicle cyberattack free. In order minimize the risk, a system like Tesla’s
should be used. Tesla provides regular software updates which are end-to-end
encrypted for over-the-air software updates secures the the vehicle data and
minimizes the risk of unauthorized access. If such measures are adopted, cyber attacks
will be reduced and regulated.
Analysis
While AV’s are still in the nascent stage in India, other nations have allowed their usage and
have made regulatory laws accordingly. One of the most developed and fast-forward country,
UK has passed the Automated Vehicles Act in 2024 has exlicitly mentioned who will be held
liable for an accident and who will not be. In United States, even though there’s no
comprehensive federal act that has been passed, more than 40 states have taken the lead to
allow a hub for AV’s for testing, giving permits for usage, offered driverless ride-hailing
services to the public, etc.
Taking references from countries like China, Australia, South Korea, Germany and the UK,
special law should be created for the regulation and use of autonomous vehicles if at all in the
future private or even commercial vehicles will be allowed. Clearing set boundaries for
liability, data protection, and mainly defining what exactlt an autonomous vehicle is. Without
the proper knowledge of an autonomous vehicle, and using the same laws that were made for
driver driven vehicles is not justified. As the Transport Secretary of UK, Mark Harper said
while passing their respective law:
“Britain stands at the threshold of an automotive revolution and this new law is a milestone
moment for our self-driving industry, which has the potential to change the way we travel
forever.
While this doesn’t take away people’s ability to choose to drive themselves, our landmark
legislation means self-driving vehicles can be rolled out on British roads as soon as 2026, in
a real boost to both safety and our economy.” 4
Conclusion
In conclusion, while AV’s present a transformative opportunity for their integration in
transport, it is faced with challenges that need to be addressed. To haress the full potential of
these vehicles, establishing cleaar legal framework is extremely crucial. Adopting other
nations regulatory frameworks and paving a more clear way for AV’s will not only increase
efficiency of transportation but will also have technological and economic advancements in
India.
References
4 Department for Transport, Centre for Connected and Autonomous Vehicles and The Rt Hon Mark Harper,
Self-driving vehicles set to be on roads by 2026 as Automated Vehicles Act becomes law, 2024
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%20of%20the%20automobile
2. https://www.topgearmag.in/features/tg-explains/levels-of-adas-explained
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ai-traffic-jam-pilot/
4. https://www.sciencedirect.com/science/article/abs/pii/S2214367X20301952
5. https://www.indiacode.nic.in/bitstream/123456789/9460/1/a1988-59.pdf
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india-nitin-gadkari-11702864725629.html
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legislations-for-
liabilities.html#:~:text=In%20present%2C%20any%20instances%20for,of%20Auton
omous%20Vehicle%20in%20India