Self-driving crash: Who’s liable?


PETALING JAYA: Legal reforms and greater public awareness of liability will be needed before Level 3 autonomous vehicles can hit the road, says a road safety expert.

Malaysian Institute of Road Safety Research (Miros) chairman Prof Dr Wong Shaw Voon said one of the biggest challenges would be determining who is responsible when a self-driving car crashes.

Unlike conventional vehicles, he said responsibility could shift between the driver and the vehicle manufacturer, depending on who was in control at the time.

“With Level 3, in certain situations prescribed by the manufacturer, the car takes total control. In this scenario, if something goes wrong, the liability shifts to the automaker,” he said.

According to SAE International, the global automotive standards-setting organisation, driving automation is classified into six levels, ranging from Level 0 (no automation) to Level 5 (full automation).

A Level 3 autonomous vehicle is capable of handling all driving tasks under specific conditions but the driver must be ready to take over when required.

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Prof Wong said that while drivers are still required to remain in the driver’s seat, they can technically watch videos or check their phones when the autonomous system is engaged.

“If the car gives a warning to take over, you must be ready to do so within a few seconds.

“These drivers must be educated on the limitations of the system and when they are expected to intervene. Our mindset and perception of who is in control must change.

“It is more than just laws. It is also about education. Drivers need to understand when they are responsible and when the system is,” he said, adding that the older generation may find the technology more difficult to accept.

Another major challenge, Prof Wong said, would be managing the transition period when autonomous and conventional vehicles share the same roads.

“We will have a mix of automated cars and old, conventional vehicles with no sensors. Managing that is difficult.”

He added that autonomous driving systems are programmed to prioritise safety and maintain safe distances, which may not always align with current driving habits in Malaysia.

“If a car or motorcycle cuts into your lane, the system will immediately slow down to maintain a safe distance.

“Aggressive drivers might take advantage of that, knowing the automated car will always yield. You might not want to let someone cut in, but the system will always prioritise safety,” he said.

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