Autonomous Vehicles and Similar Technologies

2020 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year.

ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys.

WHY WORK WITH US? At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. We are always looking to welcome dynamic and accomplished lawyers to share their knowledge!

As a LawPracticeCLE speaker, you receive a variety of bene ts. In addition to CLE teaching credit attorneys earn for presenting, our presenters also receive complimentary tuition on LawPracticeCLE’s entire library of webinars and self-study courses.

LawPracticeCLE also aords expert professors unparalleled exposure on a national stage in addition to being featured in our Speakers catalog with your name, headshot, biography, and link back to your personal website. Many of our courses accrue thousands of views, giving our speakers the chance to network with attorneys across the country. We also oer a host of ways for our team of speakers to promote their programs, including highlight clips, emails, and much more!

If you are interested in teaching for LawPracticeCLE, we want to hear from you! Please email our Directior of Operations at [email protected] with your information. Be advised when speaking for LawPracticeCLE, we require you to provide the bellow items related to your course:

1. A Course Description 2. 3-4 Learning Objectives or Key Topics 3. A Detailed Agenda 4. A Comprehensive PowerPoint Presentation

CONTACT US 11161 E State Road 70 #110-213 941-584-9833 www.lawpracticecle.com Lakewood Ranch, FL 34202 LAWPRACTICECLE UNLIMITED LawPracticeCLE Unlimited is an elite program allowing attorneys and legal professionals unlimited access to all Law- PracticeCLE live and on-demand courses for an entire year.

LawPracticeCLE provides twenty new continuing legal education courses each month that will not only appeal to your liking, but it will also meet your State Bar requirement.

Top attorneys and judges from all over the country partner with us to provide a wide variety of course topics from basic to advanced. Whether you are a paralegal or an experienced attorney, you can expect to grow from the wealth of knowledge our speakers provide. COURSE CATEGORIES A View From The Bench Estate Planning Paralegal Studies Animal Law Ethics, Bias, and Professionalism Personal Injury Law Bankruptcy Law Family Law Practice Management & Trial Prep Business Law Federal Law Real Estate Law Cannabis Law Food and Beverage Law Religious Law Construction Law Gun Law Social Security Law Criminal Law Health Law Specialized Topics Cybersecurity Law Immigration Law Tax Law Education Law Intellectual Property Law Technology Law Employment Law Insurance Law Transportation Law Entertainment Law Nonpro t Law Tribal Law More Coming Soon ... ACCREDITATION LawPracticeCLE will seek approval of any CLE program where the registering attorney is primarily licensed and a single alternate state. The application is submitted at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting. In the event a course is denied credit, a full refund or credit for another Law- PracticeCLE course will be provided.

LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request. ADVERTISING WITH LAWPRACTICECLE At LawPracticeCLE, we not only believe in quality education, but providing as many tools as possible to increase success. LawPracticeCLE has several advertising options to meet your needs. For advertising and co-sponsorship information, please contact the Director of Operations, Jennifer L. Hamm, [email protected].

CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle

Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE Autonomous Vehicles Zachary Pyers, Esq. Partner at Reminger, Co., L.P.A. Five Era’s Of Vehicle Safety

• 1950-2000 • Safety/Convenience Features • Cruise Control • Seat Belts • Antilock Brakes • 2000-2010 • Advanced Safety Features • Electronic Stability Control • Blind Spot Detection • Forward Collision Warning • Lane Departure Warning Five Era’s Of Vehicle Safety

• 2010-2016 • Advanced Driver Assistance Features • Rearview Video Systems • Automatic Emergency Braking • Pedestrian Automatic Emergency Braking • Rear Automatic Emergency Braking • Rear Cross Traffic Alert • Lane Centering Assist • 2016-2025 • Partially Automated Safety Features • Lane keeping assist • Adaptive cruise control • Traffic jam assist • Self-park Five Era’s Of Vehicle Safety

• 2025+ • Fully Automated Safety Features • Highway Autopilot Introduction to Autonomous Vehicles

• Autonomous vehicles, are vehicles used to move passengers or freight with some level of automation that aims to assist or replace human control. • Autonomous vehicle technology is growing at such a rate that some transportation scholars are predicting that it may happen as soon as 2030. Although many predicted it would be readily available by 2020. • The Boston Consulting Group has forecasted that more than one-quarter of the miles Americans will travel by road in 2030 will rely on electrified, autonomous vehicles operated by ridesharing services. • States like Arizona, California, Florida, and Nevada are allowing fully autonomous vehicles without even a safety driver to circulate on public roads to attract self-driving-vehicle developers to their states. Introduction to Autonomous Vehicles

• Many positive aspects to autonomous vehicles. • For example, self-driving capabilities will be able to provide transportation for people who are otherwise unable to drive because of age or physical impairment. • According to Esurance Insurance Services research, in the best-case scenario, a family that gives up its car in favor of ridesharing could save $4,100 in annual transportation costs. • Esurance researchers believe 2-car households might be willing to only have 1 car and some urban 1-car households might give up their cars entirely, which could save families more money in transportation costs. • There are also some shortcomings. • Many hope that autonomous vehicles may be able to address congestion and traffic issues if they are primarily shared. • Numerous academic studies show, however, this is not necessarily the case and that a ridesharing model of autonomous vehicles can increase traffic and congestion. Future Use of Autonomous Vehicles in Ridesharing • Shared mobility is the shared use of a vehicle that enables users to have short-term access to transportation modes on an “as-needed” basis and encompasses ridesharing. • Widespread use of autonomous vehicles is also expected to dramatically reduce the number of auto accidents that result from human error, which currently accounts for more than 90% of vehicle-related accidents in the US. • Some industry professionals think autonomous driving is a key aspect of the auto industry’s drive toward creating safer roadways. • Researchers estimate autonomous vehicles could reduce accident rates in America, saving more than 30,000 lives each year, and avoiding millions of injuries. • After all, as General Motors chairman Bob Lutz said, “[t]he autonomous car doesn’t drink, doesn’t do drugs, doesn’t text while driving, and doesn’t get road rage. Autonomous cars don’t race other autonomous cars and they don’t go to sleep.” Future Use of Autonomous Vehicles in Ridesharing • There is widespread skepticism across America about whether fully autonomous vehicles will catch on. • Some developers anticipate that the first fully autonomous cars will be purchased by businesses and the very wealthy because most Americans will be priced out of the market. • As of 2017, experts had estimated that truly autonomous vehicles will cost $10,000– $50,000 more than the price of an equivalent non-automated vehicle, although the technology is expected to get cheaper with time. • Prices may not decline enough for most families and individuals to purchase until 2025. • In a 2018 Esurance survey, 83% expressed low or no interest in giving up control behind the wheel. • Esurance found that there were 2 primary motivating factors: a general unwillingness to give up control and a fear of the unknown, especially among certain generations. Various Stages of Autonomy

• In September 2016, the National Highway Traffic Safety Administration adopted the levels of automation developed by the Society of Automotive Engineers (SAE) International. • SAE International defines 6 levels of automation to classify automated-driving systems. • Levels 0–3 are considered driver support features, • Levels 3–5 are automated driving features. • A vehicle at Level 0 has no automation capabilities; the driver steers, brakes, accelerates, and negotiates traffic. Various Stages of Autonomy

• Level 1 autonomy is the most common on the roads. • A Level 1 vehicle has driver assisting capabilities, where under certain conditions. • The car controls either the steering or the vehicle speed, but not both simultaneously. • A feature that would be indicative of a Level 1 vehicle would be adaptive cruise control. • Parking assist as well as some other safety features are examples of Level 1 autonomy. Various Stages of Autonomy

• Level 2, the car can partially automate by steering, accelerating, and braking in certain circumstances. • However, the driver of a Level 2 vehicle is still responsible for responding to traffic signals, changing lanes, and scanning for hazards. • Level 2 features can help keep the vehicle in the correct lane on the road and maintain a safe distance from the car in front when in a traffic jam. • Tesla’s autopilot function and Volvo’s pilot assist are both examples of Level 2 system capabilities. Various Stages of Autonomy

• A Level 3 system has conditional automation and can manage most aspects of driving, including monitoring the environment under the right conditions. • The driver is allowed to safely use their phone or watch movies, although they are required to be on-hand to intervene if necessary. • The system prompts the driver to intervene when it encounters a scene it is unable to navigate. • Examples of a Level 3 system would be Audi’s Traffic Jam Pilot, which requires the driver to be available to take over at any time if needed. Various Stages of Autonomy

• For a car to be “fully autonomous” it must be a Level 4 or 5 system by SAE standard. • Levels 4 and 5 do not require the driver to take over driving, and pedals or a steering wheel may or may not be installed in the car at all. Various Stages of Autonomy

• A Level 4 system has auto automation capabilities and can operate without human input or oversight, but only under select conditions defined by factors like road type or geographic area. • The driver is not required to intervene at all, so sleeping is an option in the right conditions. • An example of this would be Google’s now-defunct Firefly prototype, which had neither pedals nor a steering wheel and was restricted to a maximum of 25 mph. • Local driverless taxis or ridesharing vehicles would need to be at least a Level 4, as no driver override is needed. • Waymo vehicles have been operating driver free for some time, although a test driver is on hand just in case anything goes wrong. Various Stages of Autonomy

• Level 5 vehicle is fully autonomous. • The driverless car can operate on any road and in any conditions that a human driver could navigate. • The only human involvement with the vehicle is entering a destination. Various Stages of Autonomy Benefits of Automation¹

• Safety • The safety benefits of automated vehicles are paramount. Automated vehicles’ potential to save lives and reduce injuries is rooted in one critical and tragic fact: 94% of serious crashes are due to human error. Automated vehicles have the potential to remove human error from the crash equation, which will help protect drivers and passengers, as well as bicyclists and pedestrians. When you consider more than 36,560 people died in motor vehicle-related crashes in the United States in 2018, you begin to grasp the lifesaving benefits of driver assistance technologies.

¹https://www.nhtsa.gov/technology-innovation/automated-vehicles-safety Benefits of Automation

• Economic and Societal Benefits • Automated vehicles could deliver additional economic and additional societal benefits. A NHTSA study showed motor vehicle crashes in 2010 cost $242 billion in economic activity, including $57.6 billion in lost workplace productivity, and $594 billion due to loss of life and decreased quality of life due to injuries. Eliminating the vast majority of motor vehicle crashes could erase these costs. Benefits of Automation

• Efficiency and Convenience • Roads filled with automated vehicles could also cooperate to smooth traffic flow and reduce traffic congestion. Americans spent an estimated 6.9 billion hours in traffic delays in 2014, cutting into time at work or with family, increasing fuel costs and vehicle emission. With automated vehicles, the time and money spent commuting could be put to better use. A recent study stated that automated vehicles could free up as much as 50 minutes each day that had previously been dedicated to driving. Benefits of Automation

• Mobility • While its full societal benefits are difficult to project, the transformative potential of automated vehicles and their driver assistance features can also be understood by reviewing U.S. demographics and the communities these technologies could help to support. • For example, automated vehicles may also provide new mobility options to millions more Americans. Today there are 49 million Americans over age 65 and 53 million people have some form of disability. • In many places across the country employment or independent living rests on the ability to drive. Automated vehicles could extend that kind of freedom to millions more. One study suggests that automated vehicles could create new employment opportunities for approximately 2 million people with disabilities. Predominated Ownership of Autonomous Vehicles: Companies (Uber) vs. Individuals (Tesla)

• Most fully autonomous vehicles are not likely to be owned by individuals. • Rather, by: • auto manufacturers; • tech companies like Google; and • ridesharing companies like Uber and Lyft. Predominated Ownership of Autonomous Vehicles: Companies (Uber) vs. Individuals (Tesla)

• Until the cost of ownership for self-driving vehicles comes down, most people will experience driverless vehicles through ridesharing. • Lyft has already partnered with self-driving company, Aptiv, and has opened a research facility in Silicon Valley called Level 5, and Lyft already has some self- driving vehicles on the streets of Las Vegas. • Companies like Uber and Waymo are in the process of building their own fleets of self-driving cars. • Lyft is eagerly awaiting the introduction of fully autonomous vehicles because it will eliminate the most costly part of its business – the drivers. Predominated Ownership of Autonomous Vehicles: Companies (Uber) vs. Individuals (Tesla)

• The biggest problem for Uber and Lyft with the transition to autonomous vehicles is that they will face several new competitors, including General Motors, Alphabet’s Waymo, Tesla, and Ford. • Companies like GM have plans to launch their own self-driving car services. • BMW plans to sell cars directly to consumers and also sell “transportation as a service,” meaning consumers will have the ability to rent “free floating cars, hail a car with a driver, or order a car without a driver.” Predominated Ownership of Autonomous Vehicles: Companies (Uber) vs. Individuals (Tesla) • Tesla plans to enable its Robotaxi network, which would serve as its ridesharing app service. • Tesla will enable owners to add their properly equipped vehicles to its own ridesharing app, which will have a similar business model to Uber. • The Robotaxis owned by individuals would return home and automatically park and recharge once their owners called them back home. • Tesla will take 25–% of the revenue from those rides. Predominated Ownership of Autonomous Vehicles: Companies (Uber) vs. Individuals (Tesla) • Tesla estimates that Tesla owners can make $30,000 per year by adding their cars to the Tesla Network. • In places where there are not enough people to share their cars, Tesla would provide a dedicated fleet of Robotaxis. • Elon Musk said, “From our standpoint, if you fast forward a year, maybe a year and three months, but [2020] for sure, we’ll have over a million robotaxis on the road.” Predominated Ownership of Autonomous Vehicles: Companies (Uber) vs. Individuals (Tesla) • There are numerous liability questions raised in the Tesla scenario because new players are added into the mix. • Could a Tesla owner who lent their car to be used in the Robotaxi Network be liable if the car was in a crash even though they were not present or even aware of the vehicle’s location? • Does Tesla instead assume liability over all vehicles in the Robotaxi Network while they are completing routes? How to Address Liability

• On March 18, 2018, a self-driving car operated by Uber struck and killed a pedestrian in Tempe, Arizona. • Initial investigations indicated that the pedestrian may have been jaywalking after abruptly stepping into the path of the car. • In 2016, a Tesla operating in “autopilot” mode crashed into a tractor-trailer that made a left turn in front of the vehicle, killing the Tesla’s driver. However, the car had been warning its driver to disengage the autopilot mode and take control over the vehicle. • It is inevitable that autonomous vehicles will be involved in accidents, which raises new liability questions for who is responsible when systems fail. • Litigation over self-driving cars is in its early stages, but we can expect suits for negligence, products liability, and even statutory claims as the government begins issuing regulations. How to Address Liability: A Legislative/Regulatory Approach • Regulatory changes have already begun with regard to liability. • For example, Michigan, a state with deep ties to the auto- manufacturing industry, passed a law stating that an auto manufacturer assumes liability and insures every car in its fleet when driverless systems fail. How to Address Liability: A Legislative/Regulatory Approach • Anticipating the impact that technology companies will have on the autonomous vehicle industry and specifically on the future of ridesharing, Michigan fashioned the statute’s liability rules to: • (1) qualify machines as “drivers” for purposes of assigning responsibility to accidents, • (2) define liability for technology companies that supply autonomous vehicle software, and • (3) insulate car manufacturers from liability except where the damage was caused by a defect that existed when the vehicle was originally manufactured and before its conversion to autonomous. How to Address Liability: A Legislative/Regulatory Approach • A bill was proposed in New York that would provide strict liability for manufacturers, owners, and operators of unmanned motor vehicles. • A new Florida law would exempt the operator of a self-driving car from laws forbidding the use of wireless devices or watching a video screen while the car is in motion as long as the automated driving system is engaged. How to Address Liability: A Legislative/Regulatory Approach • Uber and Ford’s Argo AI are both large autonomous outfits in Pittsburgh, PA. • Uber began testing an autonomous vehicle service open to frequent UberX customers in Pittsburgh in September of 2016. • Uber requires that an engineer closely monitor the system at all times. • Aurora, another Pittsburgh autonomous vehicle company, says its autonomous technology is put through thousands of software simulations daily, similar to the rigor applied to the aerospace industry. • A spokesperson for Aurora said that to make autonomous vehicles better than human drivers “you need to drive something like 500 billion miles, maybe more” because autonomous vehicles “[do] not learn fast.” How to Address Liability: A Legislative/Regulatory Approach • As of April 2019, the federal government does not have any laws regulating autonomous vehicles, only voluntary guidelines. A • Agencies like the National Highway Transportation Safety Administration (NHTSA) will have to undergo a major overhaul to be able to adjust to a world with Level 5 autonomous vehicles. • For example, the NHTSA would need to develop more refined techniques for gathering and systematizing accident data, hire better trained personnel in automotive design and statistical analysis, and lobby for greater funding from Congress. How to Address Liability: A Legislative/Regulatory Approach • A “proposal put forth by the Obama administration in December of 2016 would have required all new [self-driving] cars and light trucks” to, “by 2023, [be equipped] with technology that” allows the vehicles to exchange data. • The data exchanged would have included the “vehicle’s location, speed, and direction,” and it would have been exchanged “between vehicles up to ten times per second.” • However, in November of 2017, the Trump administration dialed back some of these regulations, making the data sharing between vehicles a secondary safety measure rather than the centerpiece of driverless vehicle technology. How to Address Liability: Common Law Theories • If a human driver fails to exercise reasonable care in avoiding an accident, they would be liable under the principles of negligence. • The current insurance regime with regard to auto liability is driver- focused, because drivers are at fault for the majority of accidents, while products liability is a secondary source of liability. • Traditionally, car accidents are assessed through the lens of driver negligence, with the potential for product liability only when a defect in the car causes the accident or is alleged to have exacerbated the injuries. How to Address Liability: Common Law Theories • Under general tort law principles, the element of control is likely to be determinative. • The question of how much control the operator had or should have had over the car at the time of the accident will determine whether the operator could or should have prevented the accident. • Although the owners may have no control if their completely autonomous car malfunctions, they may be liable for failing to update the software that operates the vehicle the same way drivers can be liable for failing to replace their brakes or tires if either cause the driver to crash. How to Address Liability: Common Law Theories • Who is responsible if a driver falls asleep and the Level 4 autonomous vehicle’s driver monitoring system fails to wake up the driver in the event of an emergency? • Should drivers truly rely on these systems and sue the manufacturer of the vehicle or the component parts when the car does not alert him or her of the hazard? • Can an owner of an autonomous vehicle be liable for loaning the vehicle to an operator unfamiliar with the automated features and an accident occurs? • Can a driver operate an autonomous vehicle while under the influence of drugs or alcohol? • What happens if a Level 3 autonomous vehicle prompts the driver to take over control because of inclement conditions but the driver fails to do so with sufficient time? How to Address Liability: Common Law Theories- Product Liability Theories • When there is no human driver to blame for an accident, focus will inevitably shift from driver liability to possible design defects in the car. • For example, if the automated features of the vehicle fail to note the presence of a pedestrian or another vehicle, the manufacturer of the vehicle could also be held responsible under a theory of products liability. • But, can or should a manufacturer be subject to liability for not preventing an accident, even if its technology did not cause the harm? How to Address Liability: Common Law Theories- Product Liability Theories • Despite a few early examples, it remains to be seen whether or not vehicle manufacturers will take to self-insuring their autonomous vehicles. • In 2015, Google announced they would assume full liability if their self-driving cars cause an accident. • However, there is recognition that self-driving cars implicate the manufacturer of the vehicle more than its driver or operator. How to Address Liability: Common Law Theories- Product Liability Theories (and…Component Manufactures) • Component manufacturers of parts for autonomous vehicles also face potential liability issues. • Questions will arise as to whether or not these components are initially installed in the vehicle at the time it is manufactured, or if the components are installed as aftermarket parts. • Some companies are already marketing parts for autonomous vehicles as aftermarket components. • However, their capabilities may otherwise be limited, as they are not fully integrated with the automobile’s other systems. How to Address Liability: Common Law Theories- Product Liability Theories (and…Component Manufactures) • As the technology increases, the potential for aftermarket autonomous components will only increase. • Furthermore, there is also some question as to whether the component manufacturer may be held liable under a theory of products liability, when the component is integrated into a car prior to the car being manufactured. • The theory is that if one sensor, manufactured by a specific vendor, fails on an automobile, the manufacturer of the sensor, and not the entire car, could be held liable under a theory of products liability. How to Address Liability: Common Law Theories- Product Liability Theories (and…Component Manufactures) • Generally, there are 3 technologies that make autonomous vehicles possible: sensors, connectivity, and software and control algorithms. • An automotive industry professional noted: • “Most of the sensors required for autonomous driving are available today and are used in advanced safety features such as blind-spot monitoring, lane-keep assistance, and forward collision warning. Sensors for other features such as radar, ultrasonics, and cameras provide the input necessary to navigate the car safely.” How to Address Liability: Common Law Theories- Product Liability Theories (and…Component Manufactures) • Connectivity means that cars have access to the latest traffic, weather, surface conditions, maps, adjacent cars, and road infrastructure. • This data is used to monitor the car’s surrounding operating environment to anticipate braking or avoid hazardous conditions. How to Address Liability: Common Law Theories- Product Liability Theories (and…Component Manufactures) • Software and control algorithms are needed to capture the data coming in from the sensors and make decisions on steering, braking, speed, and route guidance. • This aspect of the autonomous vehicle is proving to be the most complicated because the vehicle must be able to handle complex situations seamlessly. • Google’s lidar technology uses a radar-like system that uses light instead of radio waves to control the vehicle without the need for steering wheels or pedals. • Tesla’s Autopilot uses high tech camera sensors that function as the vehicle’s “eyes” and are already on the market. How to Address Liability: Addressing the Problem Through Insurance

• It is predicted that the U.S. will see a decline in annual personal vehicle insurance policies as autonomous vehicles become the mainstream. • As a result, it is anticipated that the auto insurance industry will shift to a pay-per-use model. • However, it is more likely that insurance companies will morph into 2 distinct forms: • Negligence insurance for the driver for failing to update or maintain the vehicle • Products liability insurance for any defects in the vehicle itself or its software. • Traditionally, strict liability is prominent in product liability cases, including those involving vehicles, where some part of the vehicle malfunctions and causes a crash. How to Address Liability: Addressing the Problem Through Insurance

• One possibility is that autonomous vehicles are sold with a built-in insurance policy that is tacked on to the price, something some states have considered doing with firearms. • An individual would pay more to own a self-driving vehicle, but their insurance policy covers negligence on their part for failing to maintain (up to a certain degree) their vehicle and products liability insurance should anything go awry with the software, sensors, or anything else in the vehicle in the event of an accident. How to Address Liability: Addressing the Problem Through Insurance

• As self-driving vehicles become more mainstream and dominant on the roads, it is unlikely that the government will mandate that everyone make the change to autonomy. • What is more likely is that the government will maintain that drivers are able to continue driving their ordinary vehicles, but the drivers are strictly liable for any accident they are involved in. • Effectively, this would force the hand of many drivers who were not ready to make the switch. • While this is certainly a possibility, the likelihood of it coming into fruition in the foreseeable future is relatively doubtful for the time being. How to Address Liability: Addressing the Problem Through Insurance

• States that hope to attract autonomous vehicle manufacturers may institute special liability waivers to attract these companies. • The special liability waivers would likely cap relief for any accident caused by an autonomous vehicle to a set amount. • While such a number could be highly variable in any given state, it is likely that by offering damage caps, the cost of doing business and testing in these states would drop dramatically for autonomous vehicle companies. How to Address Liability: Ethical Dilemmas

• Ethical questions are raised when thinking about the dilemma a self-driving car will confront when deciding about what hazard to proceed toward, if all paths are obstructed and without sufficient time to brake. • Experts have raised questions like, “[w]ill a self-driving car recognize the micro-drama of an unsupervised toddler, or a professor lost in his smartphone?” • When self-driving cars arrive, they will be forced to decide who should die when they collide with members of the public. • In a research study regarding such a choice, it was found that people favored that fewer people die rather than more, older people are killed rather than younger, and that humans are favored over animals. How to Address Liability: Ethical Dilemmas

• Further, there are privacy concerns regarding autonomous vehicles that operate over a network. • “[S]ecurity researchers have repeatedly demonstrated how easy it is to wirelessly hijack a car’s electronic instrumentalities.” • There are even significant privacy concerns about what information the government, other vehicle manufacturers, and the like will be able to access from and about an autonomous vehicle. How to Address Liability: Ethical Dilemmas

• The data from existing ridesharing services is invaluable in the creation of self-driving vehicles. • For example, ridesharing services gather data on travel habits, schedules, and profiles of passengers and drivers, typically analyzing information with software to anticipate demand and improve service. • As of December 2018, “seventeen states ha[d] enacted state statutes related to data privacy issues of data retrieval from an event data recorder, (“EDR”) which serves as a ‘black box’ for recording critical sensor and diagnostic data prior to collisions.” How to Address Liability: Ethical Dilemmas

• According to the National Conference of State Legislatures, the states that have enacted statutes relating to data retrieval have included provisions that the EDR data may only be downloaded with the express permission of the vehicle owner or policyholder, and with certain exceptions. • In United States v. Jones, Supreme Court Justice Sotomayor stated, “it may be necessary to reconsider the premise that an individual has no reasonable expectation to privacy in information voluntarily disclosed to third parties” as it is “ill-suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” Current Status of Autonomous Vehicle Laws²

Does the Driving Automation Law/Provision… State What type of Require an operator Require an operator Require liability driving automation to be licensed? to be in the vehicle? insurance? on public roads does the law/provision permit Alabama deployment — No No Yes; $2,000,000 commercial motor vehicles only Arizona deployment yes depends on level of yes vehicle automation Arkansas testing not addressed depends on level of Yes vehicle automation California deployment not addressed no yes; $5,000,000 Current Status of Autonomous Vehicle Laws²

Connecticut testing yes yes yes; $5,000,000 District of Columbia deployment yes yes no Florida deployment depends on level of depends on level of yes vehicle automation vehicle automation Current Status of Autonomous Vehicle Laws from IIHS

Does the Driving Automation Law/Provision… State What type of Require an operator Require an operator Require liability driving automation to be licensed? to be in the vehicle? insurance? on public roads does the law/provision permit Georgia deployment depends on level of depends on level of yes vehicle automation vehicle automation Hawaii testing not addressed not addressed not addressed Illinois testing yes yes yes Iowa deployment yes depends on level of yes vehicle automation Current Status of Autonomous Vehicle Laws²

Does the Driving Automation Law/Provision… State What type of Require an operator Require an operator Require liability driving automation to be licensed? to be in the vehicle? insurance? on public roads does the law/provision permit Louisiana deployment — no no yes; $2,000,000 commercial motor vehicles only Maine testing not addressed not addressed yes Massachusetts testing no yes no Michigan depends on vehicle yes no yes Current Status of Autonomous Vehicle Laws²

Does the Driving Automation Law/Provision… State What type of Require an operator Require an operator Require liability driving automation to be licensed? to be in the vehicle? insurance? on public roads does the law/provision permit Nebraska deployment depends on level of depends on level of yes vehicle automation vehicle automation Nevada deployment depends on level of depends on level of yes vehicle automation vehicle automation New Hampshire deployment yes yes, except for yes; $5,000,000 testing New York testing yes yes yes; $5,000,000 Current Status of Autonomous Vehicle Laws²

Does the Driving Automation Law/Provision… State What type of Require an operator Require an operator Require liability driving automation to be licensed? to be in the vehicle? insurance? on public roads does the law/provision permit North Carolina deployment depends on level of no yes vehicle automation North Dakota deployment depends on level of depends on level of yes vehicle automation vehicle automation Ohio testing yes no yes Pennsylvania depends on vehicle depends on vehicle depends on vehicle no Current Status of Autonomous Vehicle Laws²

Texas deployment no no yes Utah deployment yes no yes Vermont testing yes yes yes; $5,000,000 Virginia testing not addressed not addressed No Washington testing depends on no yes whether operator present in vehicle FAQ’s from NHTSA

• When will self-driving vehicles be available? • Automated or “self-driving” vehicles are a future technology rather than one that you’ll find in a dealership tomorrow or in the next few years. A variety of technological hurdles have to be cleared, and other important issues must be addressed before these types of vehicles can be available for sale in the United States. The Department of Transportation is committed to supporting the innovators who are developing these types of vehicles to ensure their safe testing and deployment before they are available to consumers. FAQ’s from NHTSA

• What are the safety benefits of automated vehicles? • Automated vehicles and driver assisting technologies (including those already in use on the roads) have the potential to reduce crashes, prevent injuries, and save lives. Of all serious motor vehicle crashes, 94 percent are due to human error or choices. Fully automated vehicles that can see more and act faster than human drivers could greatly reduce errors, the resulting crashes, and their toll. FAQ’s from NHTSA

• I’ve heard stories about self-driving vehicles that have crashed. Why are they on the road? • There is no vehicle currently available for sale that is “self-driving.” Every vehicle currently for sale in the United States requires the full attention of the driver at all times for safe operation. While an increasing number of vehicles now offer some automated safety features designed to assist the driver under specific conditions, there is no vehicle currently for sale that is fully automated or “self-driving.” FAQ’s from NHTSA

• What automated features are currently available in vehicles? • Many vehicles today include safety features that assist drivers in specific circumstances, such as keeping us from drifting out of our lane or helping us stop in time to avoid a crash or reduce its severity. Read more about on this on NHTSA's safety technologies topic. If you’re currently shopping for a new vehicle, review NHTSA’s 5-Star Safety Ratings to make informed decisions about the safety features included in your new vehicle. If you're currently shopping for a new vehicle, review NHTSA's 5-Star Safety Ratings to make informed decisions about the safety features in your new vehicle. FAQ’s from NHTSA

• How will I know an automated vehicle is safe? • Vehicles are tested by the companies that build them. Companies must comply with Federal Motor Vehicle Safety Standards and certify that their vehicle is free of safety risks. Many companies today are testing advanced automated vehicles to ensure that they operate as intended, but a great deal of work remains to be done to ensure their safe operation before they are made publicly available. FAQ’s from NHTSA

• Will automated vehicles be more vulnerable to hacking? • Cybersecurity is a critical issue that DOT and automotive companies are working to address for the future safe deployment of these technologies. Advanced vehicle safety technologies depend on an array of electronics, sensors, and computing power. In advancing these features and exploring the potential of fully autonomous vehicles, DOT and NHTSA are focused on cybersecurity to ensure that these systems work as intended. You can read more about our approach by visiting NHTSA's vehicle cybersecurity topic. FAQ’s from NHTSA

• If a vehicle is driving itself, who is liable if the vehicle crashes? How is the vehicle insured? • These are among many important questions beyond the technical considerations that policymakers are working to address before automated vehicles are made available. We are still many years from fully automated vehicles becoming available to the public. FAQ’s from NHTSA

• I’ve seen concept automated vehicles that don’t even have a steering wheel, accelerator or brake pedal. Will I be allowed to drive my own vehicle in the future if it is automated? • A vehicle that is fully automated will be capable of controlling all aspects of driving without human intervention, regardless of whether its design includes controls for a human driver. Companies may take different design approaches to fully “self-driving” vehicles that do or do not include controls allowing for a human driver. As is the case now, consumers will decide what types of vehicle designs best suit their needs. FAQ’s from NHTSA

• Will automated vehicles help the elderly and people with disabilities who cannot drive today? • A fully automated vehicle could provide new mobility options for older people and for those with disabilities. Some older Americans and people with disabilities are able to drive today by adapting or modifying their vehicles to meet their specific needs. Fully automated vehicles could offer new mobility options to many more people, helping them to live independently or to better connect them to jobs, education and training, and other opportunities.