Autonomous vehicles, commonly referred to as self-driving automobiles or driverless vehicles, have recently come to light as a revolutionary technology that has the potential to revolutionize how we commute and travel. This cutting-edge networking, artificial intelligence (AI), and sensor-equipped cars have the potential to improve traffic flow and road safety while also increasing mobility for non-driving individuals, such as the elderly or individuals with impairments. Self-driving vehicles create legal and regulatory challenges, though, that need to be carefully explored as they become more prevalent on our roads.
As regulators, lawmakers, and legal professionals wrestle with the consequences of this disruptive technology, the nexus of autonomous cars and the law has grown in prominence. In this blog article, we will look at how autonomous vehicles are affecting the law, as well as some of the significant legal challenges that have arisen as a result of their development and deployment.
Liability and Responsibility
Legal responsibility for any loss or damages that may result from an autonomous vehicle accident or incident is referred to as liability. The question of responsibility may arise if an autonomous delivery truck is involved in an accident that causes property damage or personal injury.
One scenario is that the autonomous vehicle manufacturer could be held liable for any defects or malfunctions in the vehicle’s autonomous technology that led to the accident or damages. If the accident was caused by a failure in the autonomous system, such as a sensor malfunction or software glitch, the manufacturer of the autonomous technology could potentially be held responsible for the damages.
In addition, the responsibility for the safety and maintenance of the autonomous vehicle could also be a point of legal contention. The supermarket may be responsible for ensuring that the autonomous vehicle is properly maintained, regularly inspected, and safe for use on public roads.
Data Privacy and Security
Large volumes of data, including sensor data, position data, and communication data, are produced by autonomous vehicles. This data is critical for the operation and safety of the vehicle, but it also raises concerns about privacy and security. Who has access to the data collected by autonomous cars? How is it stored, used, and shared? What measures are in place to protect this data from unauthorized access or cyber-attacks. With the increasing reliance on connected technologies and data-driven systems in autonomous vehicles, there is a need for robust cybersecurity measures to protect against potential cyber threats. Failure to implement adequate cybersecurity measures could result in legal liabilities, including data breaches, unauthorized access, and misuse of personal information.
Ethical and Moral Dilemmas
Decisions made by autonomous vehicles are designed using sophisticated AI and algorithms. However, when faced with circumstances requiring them to make life-or-death judgments, these algorithms may have ethical and moral issues. For instance, should an autonomous car be used in the event of an unavoidable collision? put the safety of its occupants before that of pedestrians? Who should be in charge of developing the moral standards for self-driving cars, and how should these choices be made? These moral quandaries call for careful analysis and agreement since they involve serious moral and legal issues.
The “Uber self-driving car fatality case” that happened in March 2018 is one significant instance that has raised awareness of the legal ramifications of autonomous cars. In one instance in Tempe, Arizona, an autonomous Uber car struck and killed a person. While the car was in autonomous mode and a human safety driver was behind the wheel. The development and use of autonomous cars were significantly impacted by this occurrence, which highlighted issues of culpability and responsibility for the mishap.
In the 2019 case of Kunal Sindhu v. Union of India, the Delhi High Court ordered the Ministry of Road Transport and Highways to form a committee to look at the legal framework for regulating autonomous cars in India. The court further noted that the safe operation of autonomous cars requires a defined legal framework.
Union of India v. Sunil Sharma (2019): The Ministry of Road Transport and Highways was tasked in this case by the Delhi High Court to draw rules for the deployment and testing of autonomous cars in India. The court emphasised the requirement for stringent safety laws and distinct liability guidelines.
The legal framework for autonomous vehicles is still evolving, and there is currently no federal law regulating the technology. States are instead taking the lead in creating laws and rules governing autonomous cars. Several states in the US have approved legislation addressing autonomous cars. For instance, before testing their cars on public roads, autonomous vehicle manufacturers in California are required to secure permission from the Department of Motor caCarsAdditionally, the state mandates that automakers notify them of any incidents involving their products within 10 days. Other states, like Arizona and Florida, have adopted a more laissez-faire attitude and permitted the testing of autonomous vehicles without any explicit laws.  To control the usage of driverless cars, the Motor cars (Amendment) Act, 2019, was passed in India. According to the legislation, an autonomous vehicle is “any vehicle equipped with an automatic driving system that is designed to function without active physical control by a human operator.” In accordance with the law, producers of autonomous cars must also apply for government authorization and adhere to certain safety regulations. The law also makes manufacturers accountable for any mishaps brought on by their autonomous cars.
Regulation and Standards
The development and deployment of autonomous cars have outpaced the existing legal and regulatory frameworks, leading to a patchwork of regulations and standards across different jurisdictions. Policymakers and regulators are grappling with how to regulate this rapidly evolving technology in a way that ensures safety, fairness, and accountability. The development of standardized regulations and standards for autonomous cars is crucial to establish a consistent legal framework that governs their use and operation.
Employment and Labour
The widespread adoption of autonomous cars could have significant implications for the labour market, particularly for those who work in the transportation industry. With the potential for automation of driving jobs, there may be concerns about job losses and displacement of workers. How will autonomous cars impact employment in the transportation sector, and what measures can be taken to mitigate any negative effects? These employment and labour issues require careful consideration and planning to ensure a just transition for workers in the era of autonomous cars.
Autonomous vehicles have the potential to reduce accidents and fatalities caused by human error. However, the technology is not without its challenges. One of the significant concerns with autonomous vehicles is cybersecurity. As autonomous vehicles rely heavily on software and data, there is a risk of hackers accessing and manipulating the vehicle’s systems. This could lead to accidents or other safety concerns. Another challenge is the need for public acceptance of autonomous vehicles. While the technology has the potential to improve road safety and reduce traffic congestion, there is still some hesitation among the public.
The advent of autonomous cars has brought about significant changes to the legal landscape. The complex issues of liability and responsibility, data privacy and security, ethical and moral dilemmas, regulation and standards, and employment and labour are just a few of the legal challenges that need to be addressed as autonomous cars become more prevalent. Policymakers, lawmakers, and legal professionals need to work together to develop robust and forward-thinking regulations and standards that ensure the safe and responsible use of autonomous cars while also safeguarding the rights and interests of all stakeholders. As technology continues to evolve, so too must the law, in order to keep pace with the rapid advancements in autonomous vehicles and ensure that they are integrated into our society in a manner that is beneficial to all.
Author(s) Name: Diwakar Kumar (Sri Krishna Jubilee Law College)
‘Automated Vehicles for Safety’ (NHTSA) <https://www.nhtsa.gov/technology-innovation/automated-vehicles-safety> accessed 07 May 2023
‘Who’s Liable When an Autonomous Vehicle Is at Fault?’ (Brookings Institution 2019) <https://www.brookings.edu/research/whos-liable-when-an-autonomous-vehicle-is-at-fault/> accessed 07 May 2023
 ‘The Impact of Autonomous Vehicles on the Law of Negligence’ (American Bar Association 2018) <https://www.americanbar.org/groups/tort_trial_insurance_practice/resources/autonomous-vehicles/> accessed 07 May 2023
 Vincent C. Muller, ‘Ethics of Artificial Intelligence and Robotics’ (The Stanford Encyclopedia of Philosophy) <https://plato.stanford.edu/archives/sum2021/entries/ethics-ai/> accessed 07 May 2023
 ‘Ethical and Legal Aspects of Autonomous and Connected Vehicles’ (European Commission, 2020) <https://ec.europa.eu/digital-single-market/en/news/ethical-and-legal-aspects-autonomous-and-connected-vehicles> accessed 07 May 2023
 T. Higgins, ‘Uber self-driving car kills Arizona woman crossing the road’ (Reuters 19 March 2018) <https://www.reuters.com/article/us-uber-crash/u-s-safety-agency-to-send-team-to-probe-fatal-tesla-crash-idUSKBN1GW2HB> accessed 07 May 2023
 Kunal Sindhu v Union of India (2018) Writ Petition (C) 6651/2018
 Sunil Sharma v Union of India (2018) Writ Petition (C) 7055/2018
Autonomous Vehicles & Self-Driving Vehicles Enacted Legislation (NCSL) <https://www.ncsl.org/research/transportation/autonomous-vehicles-self-driving-vehicles-enacted-legislation.aspx.> accessed 07 May 2023
 Motor Vehicles (Amendment) Act, 2019, No. 32, Acts of Parliament, 2019 (India).
 ‘Self-Driving Vehicles: The Legal and Regulatory Landscape’ (World Economic Forum) <https://www.weforum.org/whitepapers/self-driving-vehicles-the-legal-and-regulatory-landscape> accessed 07 May 2023
 ‘Autonomous Vehicles: A Guide to State and Federal Laws’ (National Conference of State Legislatures) <https://www.ncsl.org/research/transportation/autonomous-vehicles-self-driving-vehicles-enacted-legislation.aspx> accessed 07 May 2023
 ‘Driverless Cars Will Spark a Radical Change in Insurance.’ (The Economist) <https://www.economist.com/leaders/2018/07/19/driverless-cars-will-spark-a-radical-change-in-insurance> accessed 07 May 2023