Uber patrons in Pittsburgh can now dial up an autonomous vehicle, climb inside and watch the steering wheel spin, untouched by human hands, as they scoot through downtown.
But the sudden arrival of driverless technology ready for public use has regulators and attorneys still waiting for answers to some important questions, including how liability would be handled in the case of an accident.
Pennsylvania has organized a task force to study autonomous vehicles and prepare policy recommendations, which are expected this fall. Until they arrive or proposed legislation is signed into law, though, Uber's fleet of self-driving cars will be treated just the same as any other vehicles on the road, according to state regulators.
Four-car fleet of Ford Fusions
After months of testing, Uber recently rolled out its four-car fleet of Ford Fusions to the public. The cars are operated by an Uber employee sitting in the driver's seat, as required by Pennsylvania law, and an Uber engineer in a passenger seat. Uber has not set a sunset date on the program.
Ronald Ruman, a Pennsylvania Insurance Department spokesman, compared the situation to that of a car operating on cruise control. If a crash occurs and the driver behind the wheel is at fault, he said, "His or her insurance would likely be responsible for payment of any claims."
An insurer would look into whether the driver handled the situation properly or whether the technology malfunctioned. If it did, the investigation would turn to which entity was responsible for the malfunction.
Uber holds $1 million policy limits for third-party liability and uninsured/underinsured coverage for all its traditional vehicles driving in Pennsylvania. An Uber spokesman said the self-driving cars are insured up to $5 million per incident, which is in line with the requirements of SB 1268, proposed by state Sen. Randy Vulakovich, R-Allegheny. The bill was sent to the Senate's transportation committee in May and has not yet received a vote. It deals with a variety of concerns regarding the testing of autonomous vehicles, and would pair with the task force's recommendations to implement changes in the law.
Take a free ride
Uber is not currently charging its passengers for rides, in part because it would need approval from the state's Public Utility Commission before doing so. The PUC, which regulates Uber as a taxi network, has no oversight of the driverless cabs as long as they are uncompensated. But it is closely watching Uber's new program.
PUC spokesman Nils Hagen-Frederiksen said Thursday that, "Amidst the excitement, it is essential to affirm the commission's statutory obligation to ensure that these vehicles operate in a safe and reliable manner." In a statement, he said the PUC encourages the "thorough study" of autonomous vehicles and a "vigorous public discussion" about the regulatory, legal and technical issues in play. If Uber sought to move beyond its current program to begin accepting fares from passengers, it would first need to demonstrate to the PUC that it can operate safely, he said.
The absence of any specific state regulations addressing autonomous vehicles creates a "free-for-all," said Larry Coben, a plaintiffs' attorney at Philadelphia-based Anapol Weiss, who was recently added to the state's task force. There are no rules in place on issues like driver training or safety standards, and nothing outside of the Vehicle Code's traditional statutes to distinguish autonomous vehicles from the rest of the cars on the road.
Nine states and the District of Columbia have enacted some sort of self-driving car regulation. In California, its Department of Motor Vehicles last December issued proposed regulations for the deployment of autonomous vehicles for public use. They address issues including manufacturer safety certifications, permitting and the requirement that a licensed driver be in the vehicle, as is required in Pennsylvania.
Liability questions continue
Plaintiffs' attorney Jaime Jackson of Atlee Hall in Lancaster, Pennsylvania, who focuses on automotive liability, said questions will continue arising into the foreseeable future surrounding issues of liability and responsibility for accidents involving self-driving cars. The courts ultimately will have a hand in providing answers, based on the definitions and requirements set forth by the task force and the legislature.
In the meantime, the task force is moving quickly to catch up with the rapidly evolving technology. Kurt Myers, deputy secretary of the Pennsylvania Department of Transportation and a task force co-chair, said he hopes to have recommendations by November.
Myers emphasized that the task force is looking at policies as opposed to "pure regulations." Legislation will allow for the implementation of those policies, he said. The technology guiding autonomous vehicles is simply advancing too quickly for traditional regulations to suffice.
"It's not changing yearly, it's literally changing weekly," Myers said.
Ben Seal is a reporter for The Legal Intelligencer. He can be reached at bseal@alm.com. On Twitter: @BSealTLI.
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