Autonomous vehicles are on the horizon, bringing with them many concerns. If there is an accident with one, who will be at fault, the owner or the manufacturer, are they truly ready to be on the roads without at least a safety driver present, and what if the equipment malfunctions?
Last week Florida Governor Ron DeSantis signed a law that takes effect July 1, that allows a self-driving car to operate without a human operator as long as it meets all insurance requirements. The law also exempts the occupants from standard laws against texting and other distractions. This law truly allows passengers to play video games on their phone while the vehicle takes them somewhere.
The bill modifies a number of existing laws, and begins with a number of definitions. Automated driving system is defined as the hardware and software that are together capable of performing the entire dynamic driving task of an autonomous vehicle on a sustained basis, whether it is limited to a specific operational design domain or not. Autonomous vehicles are defined as any vehicles with such an automated driving system. Dynamic driving task is all of the real-time operational and tactical functions needed to operate a vehicle in traffic within its designated operational design domain, if any, excluding strategic functions such as scheduling trips and selection of destinations and waypoints. Fully autonomous vehicles are vehicles equipped with an automated driving system designed to function without a human operator. Operational design domain is the specific operating domain in which an automated vehicle is designed to operate properly, including but not limited to roadway types, speed ranges, weather conditions and time of day, and any other constraints. A vehicle could be designed for operating in daylight only, or restricted from operating over a specific speed limit.
An on-demand autonomous network, which is something Uber and Lyft are considering developing, is defined as a passenger transportation network that uses a software application or other means to connect potential passengers to fully autonomous vehicles, exclusively or in addition to other vehicles, for transportation. This includes for-hire transportation and transportation for compensation.
Private road or driveway is any privately owned way or place used for vehicle travel by the owner and those with the owner's permission to travel on that road or drive. A teleoperation system is the hardware and software installed in a vehicle that allows a remote human operator to monitor and control the dynamic driving task. A remote human operator is a natural person, not physically present in the vehicle, who engages or monitors the vehicle from a remote location. This remote operator may be able to perform all aspects of driving the vehicle. The remote operator must be physically present in the United States and have a valid driver's license in a United States jurisdiction. Remote operators can be in another state, just not another country.
Florida statutes contain a duty to give information and render aid in event of an automobile accident. Fully autonomous vehicles are exempt from this if the vehicle owner, or someone on his behalf, promptly contacts the police to report the crash, or if the vehicle has the capability of alerting the police of the crash. Likewise, if an unattended vehicle or other property is damaged, the duty to notify does not apply to the autonomous vehicle if the owner or someone on his behalf promptly contacts police and reports the crash or the vehicle is able to do so itself.
The restriction against television receivers in the vehicle that can be viewed from the driver's seat while the vehicle is in motion is removed for vehicles with the autonomous system engaged. Likewise, operators of autonomous vehicles may use visual navigation displays, and operators of a vehicle equipped and operating with driver-assistive truck platooning technology can use electronic displays. Those driving autonomous vehicles may also use texting, email, and instant messaging technology while the automated driving system is in control of the vehicle.
The bill continues to state that aside from any other law, a licensed human operator is not required to operate a fully autonomous vehicle as defined earlier. Fully autonomous vehicles may operate in Florida regardless of whether a human is physically present or not. When the automated driving system is engaged, the automated system is considered to be the operator of the vehicle, regardless of whether a person is present in the vehicle or not.
Unless otherwise provided by law, traffic laws in this state may not be construed to prohibit automated driving systems from being seen as the operator of the vehicle or require a licensed human to operate an autonomous vehicle. On-demand autonomous networks will operate according to state laws for transportation companies except that provisions that only apply to a human driver do not apply to a fully automated driving system. An autonomous vehicle with the automated system engaged must adhere to the insurance requirements as listed. If the vehicle is going to be considered the operator of the vehicle, then it must carry insurance just as any other operator of a vehicle would. The vehicle must meet the statutory definition of vehicle.
The legislature wants laws concerning autonomous vehicles to be applies uniformly across the state, therefore local governments are not allowed to impose taxes, fees, or other requirements on automated driving systems, vehicles, or those using autonomous vehicles for providing passenger transportation services. Airports and seaports however, are not restricted from charging fees that are similar to those for similar operations. An airport could charge an autonomous ride-sharing service similar fees that it charges taxi services for operating at the airport.
Autonomous vehicles are required to meet all federal motor vehicle safety standards and be able to comply with all local traffic laws whether the automated system is engaged or not.
For vehicles that are not fully autonomous, a licensed human driver must be in the vehicle and ready to respond if an alert from the system indicates that the driver must take control of the vehicle or be able to achieve minimal risk condition. A minimal risk condition is a reasonably safe state, such as the ability of the vehicle to come to a complete stop and activate the hazard lights. Fully autonomous vehicles must be able to achieve a minimal risk condition if the automated system fails and is unable to perform the entire driving task.
The bill requires a long-range transportation plan to address general improvements in infrastructure and advances in technology such as automated driving systems and developments. One of the features that are often discussed with autonomous technology is the ability of the vehicles to exchange information with other vehicles and the roadway itself.
The insurance department may approve premium discounts or rates for vehicles with autonomous technology, as one of the driving features of autonomous vehicles is increased safety and reduction of vehicle accidents.
Specific insurance requirements are set forth. Fully autonomous vehicles with the system engaged while logged on to an on-demand network or prearranged ride must have limits of $1 million for death, bodily injury and property damage. Personal injury protection and uninsured/underinsured coverages must meet the minimum requirements as laid out in Florida statutes. The insurance requirements may be met by the owner of the fully autonomous vehicle maintaining insurance on the vehicle, the on-demand network providing insurance for the vehicle, or a combination of the two.
Vehicles that are not operating as part of an on-demand network must also carry $1 million for injury or death to any one person in a crash, $1 million for injury or death of two or more people in any one crash and $1 million for destruction or damage of property of others in any one crash.
This is the first law to lay out specifics for autonomous vehicles to driver without safety drivers on the open road. Many are not convinced that vehicles are reliably fully autonomous yet. It will be interesting to see what vehicles appear on the road first; will they be ride-sharing vehicles put on the road by Uber or Lyft, will they be fleet vehicles, or private vehicles? Will people trust them enough to ride in the back with no one to take over the wheel if something goes wrong? Only time will tell.