Autonomous self-driving cars offer hope for a safer future. Think fewer wrecks since human error causes most of them anyway. So we have to consider what if the Uber driver was drunk? As you can expect, there are a slew of ethical and legal challenges which means there isn’t a clear-cut answer.
Uber Already Crashed A Self-Driving Car. What If The Operator Was Drinking?
Let's take the case of the accident in Tempe, Arizona involving a self-driving Uber car. The other drive was clearly at fault. It failed to yield to Uber's self-driving Volvo SUV, landing the car on its side. Two other cars were damaged. Police didn't charge the Uber driver, but cited the other one for a moving violation.Unlike other accidents involving self-driving cars, this one obviously was more serious. After all, it takes a great deal of force to flip a car, let alone an SUV. Thankfully, no one was injured. What it shows is that accidents are unavoidable even with self-driving cars. And in Arizona, human intervention is required at least once per mile which raises another question.#UPDATE: No injuries yet reported in an accident involving a self-driving #uber, captured by @fresconews user Mark Beach in Tempe, AZ. pic.twitter.com/kmizvRD5WP— Fresco News (@fresconews) March 25, 2017
What if the Passenger Was Drinking?
Side profile young business man relaxes in his driverless car[/caption]How Do You Define a Self-Driving Car?
Let’s consider the question of driver intervention. It’s the law in Arizona law. Other states like California require a steering wheel and pedals with the expectation that a driver could take over. It’s uncertain if the Uber driver would have had enough time to act though the car was in self-driving mode. Let's consider what makes a vehicle self-driving first. There are six degrees of automation, according to the SAE International. Level 0 is you driving down the road with cruise control. Level 5 means that a car can do everything that a human can behind the wheel. And that's a tall order. The current technology is at Level 2, so we have a way to go yet. But can it really take the driver totally out of the picture? And when does that happen? There exists an inescapable human element that state laws have recognized. The George Jetson vision of a vehicle operating without any operator is not the reality. You have to remember all that goes into driving. Think about beginning a trip, picking a place to go, and starting the car. All these things involve human action. So what does that mean for our drunk Uber driver? The question of a DUI or DWI then rests on defining what operating means.So What Does Operating a Vehicle Mean?
There is some legal precedent to answer that question. Wisconsin, for example, has a precise definition of operate. It is anything from touching a button or starting any control. Going to back to Arizona law, the requirement for human intervention exists for self-driving cars. It’s evident that had the Uber driver been drunk, he or she likely would have received a DUI. The courts have also considered this question. What's the law when it comes to someone who is drunk and sitting in a vehicle that was not in motion? In the case of the Uber accident, the driver was behind the steering wheel. Even with a legal statute, the court's interpretation remained cloudy. There have been rulings on both sides of the issue, leaving it up to the court's discretion. In light of the seriousness of these charges, a definitive scope is crucial. But you may wonder where the problem is?Driver Control
You have to consider at what point does control exist. Texas law recognizes the individual’s position with the control of the vehicle. It doesn't matter if it's a steering wheel or control panel. If a human uses it, that means they can operate the car. Where the automation begins or ends isn't important. But is it necessary for a human to do anything? That's another gray area. If a self-driving car malfunctions, human intervention is essential which is likely the thinking behind Arizona law. No one can predict whether that might happen. And it also means that a human can act if needed. Wait a minute. Does the ability of the individual to act in case of malfunction mean the same thing as operation? It suggests that it is an essential part of the self-driving experience from a legal perspective. It comes down to a choice. If someone who is drunk chooses to get behind the wheel, it means that he has broken the law.What About the Ethical Considerations?
That raises more questions for our drunk Uber driver. One involves the identification of self-driving cars. Let's consider what it means if the law says it's legal if a drunk driver is in a self-driving vehicle. Where does the law stand if an accident occurs with a sober driver? And does what about the passenger's rights? This dilemma puts manufacturers in a tricky position too. A major selling point of these cars is driver safety. But what about the safety of others? In the Uber case, two other cars were damaged. Then, there is the consideration of liability. Manufacturers will drive the technology to protect their interests without proper legal direction. The DUI is the proverbial tip of the iceberg.What Are the Limitations of Self-Driving Vehicles?
By far, human error causes most accidents like the Arizona case. And it’s something that is hard to code into the operation of a self-driving car. With the way things are now, the driver plays an active role in the operation of a vehicle. That suggests that a DWI or DUI arrest is possible. As the technology evolves, the role of the manufacturer comes into play. It’s possible that their potential liability will steer the course of technology. That may influence how the legal question of driver operation and impairment is answered.The Future of Self-Driving Cars
It’s almost certain that manufacturers will put themselves in the driver seat. If there’s a question of human involvement, why not get rid of this factor? That is precisely the road that Google and NASA have done. Together, they are creating vehicles without human drivers.
Source: http://www.thehoustondwilawyer.com/dui-in-self-driving-car