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Eversheds comment: Announcement marks milestone on the road to driverless cars but work still to be done

  • United Kingdom
  • Global

    10-02-2016

    Commenting on the latest announcement from NHTSA, the US automotive regulator, that Google's self-driving car system could soon be given the same legal definition as a human driver, Peter Shervington, product liability expert at law firm Eversheds, says:

    “At first glance this might appear a small step, but for NHTSA, and for automotive regulators across the world, this is a significant milestone on the road towards driverless cars. NHTSA is widely seen as the leading automotive regulator and is well known for its stringent approach and standard-setting safety expectations. This backdrop makes NHTSA’s announcement all the more significant. We can expect many of its counterparts around the globe to follow suit.

    “There are still regulatory obstacles in many parts of the globe. The driverless car overturns some very basic assumptions about how vehicles should function, and who is responsible for their behaviour. Whilst systems like cruise control, self-parking and automatic braking are now well established, they all presuppose that a human driver remains in control, and retains overall responsibility for the vehicle. Regulators are beginning to wake up to the fact that these assumptions can no longer be sustained in the face of advancing technology.

    “If these regulatory road-blocks can be overcome, the legal obstacles in the way of a wholesale move to driverless technology may not be as great as you think. Product liability law places an onus on the producer to ensure that their product is safe. This means that the absence of technical regulations governing how driverless systems should work is not, as some might suppose, a barrier to new technology, but in practice means that producers must take on a more onerous burden in ensuring the safety of the products they place on the market. The rewards may be great, but businesses entering this area should do so with their eyes wide open.

    Peter Shervington, Principal Associate

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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