Driving Solo – What Is The Future Of Self-Driving Cars On British Roads?
The introduction of self-driving cars has been on the British government’s agenda for a long time. Recent developments seem to reflect years of confident predictions, signalling that the vehicles may finally be given the green light to commence journeys beyond test sites. So can we expect to see self-driving vehicles on British roads soon, and if so, what is the regulatory process that has to be overcome first?
The Legal Position
Last year, the UK government opened up an independent consultation into self-driving cars, asking for advice from the motor industry to set out a roadmap towards a safe implementation. Upon conclusion, the government is optimistic about legalising self-driving cars by the end of this year.
Firstly, it is important to highlight that so far, the UK has only investigated Automated Lane Keeping Systems (ALKS). ALKS technology is a less radical proposal in comparison to traditional driving. It supports a car by staying in lane, but it is not fully independent. The driver’s supervision is still required, and they must remain in a position to take over the steering wheel in the space of ten seconds. The system is labelled as ‘level one’ on a scale of autonomous vehicles (AVs).
UK regulations already allow systems that ensure a car remains in lane. However, the key distinction lies with the expectations directed at drivers. Under current rules, the driver must keep his hands on the steering wheel. In contrast, the laws around ALKS are set to allow drivers to release their grip and divert their attention to something else as long as they can satisfy the ten-seconds threshold.
The Department for Transport also stated that an ALKS vehicle will be limited to maximum speeds of 37mph on motorways, way below the national speed limit of 70mph. This means the system is only expected to be used in slow traffic. It is also restricted to a single lane which leaves the question on travel beyond motorways unanswered.
The initial consultation only began the regulatory process. It is now being followed up by a consultation into The Highway Code. The Transport Minister is optimistic about the developments, expecting ‘greener, easier and more reliable’ journeys soon. Nonetheless, she remains cautious and does not want to accelerate the process to ensure that the ‘new tech is deployed safely.’
A completely attention-free experience is currently out of the picture. Tesla’s Autopilot, comparably to ALKS, still requires the driver’s attention and has been labelled as a ‘level two’ technology. Therefore, it is unlikely that the government will concern itself with ‘level three’ models and above any time soon, where the driver’s attention could be diverted to other tasks for longer.
The partial supervision poses further legal issues. One question that was extensively discussed throughout the consultation was the duty of care and determining whether the manufacturers or the drivers should be liable for collisions. The government will have to determine a clear stance, but it may be hard to distinguish a place in time that shifts liability. The UK may also no longer chose to follow European Directives that establish guidelines on manufacturers liability for defects after Brexit.
The Law Commission recommendations, which are expected to clarify some of the legal questions, are expected to be published at the end of 2021.
Controversies:
Alongside delays in introducing the technology legally, marketing strategies for the emerging products have also been criticised. Many have stated that ‘self-driving’ leaves the driver with a false impression of a fully autonomous vehicle. Critics would like to see rules that require a clarification between ‘autonomous’ and ‘assisted’ driving.
This categorisation has been challenged in Germany. In 2020, a German court held that Tesla’s marketing of “Autopilot” technology was misleading, forcing the company to rebrand to “Autodrive.” It held that the name incorrectly implied the vehicles operated like a ‘level three’ system. This more advanced technology is not currently implemented into Elon Musk’s designs and is yet to be legalised in Germany.
Domestically, experts in the industry would also like to see stricter rules implemented around misleading marketing strategies. The president of AA, Edmund King, stresses that ALKS is a ‘world away from ‘self-driving’’ and should be reclassified under the name of ‘Assisted Driving.’
The Market
The relatively embryonic stages of the industry make it hard to pinpoint the winners and the losers within the market. However, recent years have shown that the sector requires tough skin as ambitious company ventures had to face several reality checks.
Alphabet Inc., Google’s parent company, continues its efforts in developing a sovereign technology. Waymo, its autonomous driving company, has been operating on a small and restricted scale but is considered the leader within the market. The carmaker’s future is looking bright as it continues to strike deals with well-known names in the automotive business. The company secured a deal with Jaguar and Fiat Chrysler (now Stellantis) for 80,000 vehicles but production has been considerably slower than expected. Notwithstanding delays, last year’s estimates suggested Waymo reached a value of $30bn and can feel secure when supported by the financial capabilities of Alphabet.
Tesla remains the second big force but has recently experienced setbacks. The 2019 Model S operating on Autopilot fatally crashed in the US earlier this year, raising concerns about the system. However, the case remains under investigation, and the cause of the crash has not been attributed to the ‘self-driving’ architecture. As established, the technology is more advanced than ALKS, yet it still requires ‘active driver supervision.’
The crash also has to be balanced against the 1,752 casualties reported in 2019 in Britain alone. One of the main advantages of self-driving cars is meant to be their advancement of road safety. Governments hope that mass introduction will reduce the number of road accidents significantly. Indeed, Elon Musk continues defending the model, claiming that the Autopilot technology promises a nearly “10 times lower chance of accident than the average vehicle” as per the company’s Q1 safety report.
In contrast, several companies have attempted to break into the sphere of self-driving cars without any major successes. Despite determination, Uber is an example of overly ambitious promises. The company took the decision to abandon its individual venture and instead compromised by investing in Aurora; a start-up focused on the production of automated driving systems. Lyft, one of Uber’s biggest competitors, followed in the company’s footsteps, selling off its autonomous driving unit to Toyota at the end of April 2021.
The prosperity of the sector is not be contested. Autonomous vehicles are certainly an objective of the future, but without a definite deadline, the space remains uncertain. The potential of introducing new regulations by the end of 2021 is encouraging and will reassure companies breaking into the ‘self-driving’ space. However, the delays of recent years have to be taken into account, realistically realigning expectations. Indeed, the term ‘assisted driving’ may be a more appropriate description of a market that is still in its infancy stage.
To read more about autonomous vehicles and observe the progress of the last two years, make sure to refer back to our previous reportage by clicking here.
By: Zuzanna Potocka