Driverless car laws and insurance

The Law Commission of England and Wales is currently undertaking a far-reaching review of the legal framework for driverless cars… and insurers are keen to contribute.

The deadline for submissions to the preliminary consultation paper passed last week and AXA Insurance has highlighted what it hopes will be key themes:

1) Access to data and a transparent framework for effective data governance is fundamental for establishing liability and accurate risk modelling.

2) The legal and regulatory framework must clearly define the responsibilities of the users of autonomous vehicles (AVs) and any changes to the current road safety regime.

3) Consumers must be educated on their responsibilities, how the equipment should be used and the regulations attached to them.

Noting the Government’s recent announcement on the advanced trials for self-driving vehicles, David Williams, managing director of underwriting and technical services at AXA, said: “We are only in February but the world of driverless has started 2019 at a blistering pace.

“It might not sound as exciting as trials and tech, but as driverless cars are rapidly becoming a reality, it is right now that we need think about the legal aspects of this technology. The consultation had 46 detailed questions on areas ranging from the responsibilities of a human user to the need for data retention.”

In its submission, the International Underwriting Association (IUA), which represents many of the world’s largest insurance companies, argued that accident data should be automatically retained.

Chris Jones, IUA director of legal and market services, said: “The technology surrounding driverless cars is developing rapidly. It is essential, therefore, that an effective framework is established governing their operation. Insurers have a vital role to play in this process.

“In order for liability to be established, vehicle data must be recorded and made available. This will include, for example, the status of the automated system, whether engaged or disengaged, the speed of the vehicle and any camera footage from the time of the accident.

“As information expands and usage grows, we are likely to see potential vulnerabilities highlighted and new risk areas emerge. We anticipate that the technology will be capable of self-reporting system errors, defects and other issues affecting road worthiness.”

In a sign of things to come, Bloomberg reports that entrepreneur Dan Peate has launched Avinew, with $5m in seed funding, offering an insurance product which monitors drivers’ use of autonomous features in cars made by Tesla, Nissan, Ford and Cadillac.

Discounts will be determined based on how the features are used, after the customer has given permission for their driving data to be accessed.

This seems a logical next step in telematics or ‘black box’ insurance, which tracks the way you drive and links it to the amount you pay.

In terms of what happens in the event of an accident, a story in the Daily Express explained how a fraudulent claim worth £6,000 was prevented using telematics.

A Renault Clio driver facing a whiplash claim was cleared by data showing that the incident occurred at under 5mph. Martyne Miller, associate director of Coverbox said: “The data was able to successfully refute a substantial claim, saving both the motorist and the insurer money.”

Once cars are fully autonomous, Rodney Parker, associate professor of operations management at Indiana University, predicts that “liability is likely to migrate from the individual to the manufacturer and the licensers of the software that drives the AV.”

There’s also the possibility that motorists could be encouraged out of driving via the prohibitive cost of insurance.

The Law Commission was asked to look at the legal framework for driverless cars by the UK’s Centre for Connected and Autonomous Vehicles (CCAV), a joint Department for Business, Energy & Industrial Strategy (BEIS) and Department for Transport (DfT) policy team.

If these insurer submissions are anything to go by, the focus will be at least as much on the connected elements as the autonomous ones.

Will it have anything to say about who to save in no-win crash situations or who should be the data controller?

The final report is due in March 2021.

Online teach-out gives bite-sized answers to driverless car questions

If you’ve got a couple of hours to digest important driverless car questions, try this online course from the University of Michigan: Self-Driving Cars Teach-Out.

The university’s Ann Arbor campus is home to the 32-acre Mcity test facility, the first purpose-built proving ground for connected and automated vehicles (CAVs).

Carrie Morton, deputy director of Mcity, describes it as “the ultimate sandbox”, a place to foster collaboration with industry, government and academic partners.

Following a quick overview of the key on-board technologies – sensors, lidar, GPS etc – the university’s experts get into the nitty gritty of their specialisms.

Liz Gerber, professor of public policies, sets the scene, saying: “The promise of driverless vehicles is super exciting for communities and for society. We talk about the promise of reduced congestion, increased mobility options and enhanced safety and convenience.”

Professor Matthew Johnson Roberson discusses the fragility of artificial intelligence (AI) in dealing with new systems, the challenge of getting from 95% to 99.99% accuracy, and the importance of failing gracefully in the event of an error.

Professor Dan Crane looks at balancing competition, differentiation and standardisation, asserting that we should encourage “a thousand flowers to bloom”, because no one yet knows which technologies will work best.

Ian Williams, inaugural fellow for the Law & Mobility Program, addresses privacy concerns and the ability to change settings. He also raises the possibility of motorists being encouraged out of driving via the prohibitive cost of insurance.

Big picture thinking comes from Alex Murphy, assistant professor in sociology, who considers the profound impacts of a lack of transportation – from the kinds of jobs people can take to the schools they can access. “It has huge implications for inequality,” she says.

Lionel Robert, associate professor in the School of Information, predicts that we’ll see level five, fully autonomous, go anywhere CAVs “in our lifetime”. He focusses on giving consumers “accurate trust” in the technology, not under- or over-trust.

One reassuring point which crops up time and again is the continuing need for humans – from John the safety conductor on the Mcity Shuttle, to roles variously described as truck operators, fleet attendants, concierges and guides.

This evolution could potentially help to offset the fear that driverless technology will immediately put people out of a job, a belief which has been blamed for attacks on self-driving test cars.

CAV’s potential to help the blind community was also particularly thought-provoking.

Deadly driverless car crashes

Probably the highest profile fatal crash involving a driverless car occurred in Arizona in March 2018.

An Uber test car, in autonomous mode but with a safety driver, hit a 49-year-old homeless woman in the city of Tempe.

Elaine Herzberg was walking with a bicycle and not on a crossing. It was the first reported fatal crash in the US involving a self-driving vehicle and a pedestrian.

Fast forward nearly a year and the University of Michigan has unveiled a new project to predict pedestrian movements with greater accuracy.

“Prior work in this area has typically only looked at still images,” said Ram Vasudevan, assistant professor of mechanical engineering. “It wasn’t really concerned with how people move in three dimensions.”

By studying things like gait pace, foot placement and the symmetry of arms and legs, the team attempt to predict the future locations of one or several pedestrians up to 50 yards from the vehicle.

“If a pedestrian is playing with their phone, you know they’re distracted,” said Vasudevan. “Their pose and where they’re looking is telling you a lot about their level of attentiveness. It is also telling you a lot about what they’re capable of doing next.”

Previously, the most notorious driverless crash was also in the US, in 2016, when a Tesla Model S in autopilot mode smashed into a truck’s trailer, killing the car’s 40-year-old driver.

There have been numerous close shaves too.

Just last week in St. John’s, Canada, a driverless car reportedly set off at high-speed down a residential street, jumped a snow bank and slammed into a nearby garage.

Incredibly, no one was hurt. The Royal Newfoundland Constabulary (RNC) is investigating.

Win for Wi-Fi over 5G in connected car technology race

In a controversial move, the European Commission (EC) has backed Wi-Fi-based ITS-G5 over its 5G-based rival, C-V2X, in the race to become the standard for internet connected cars.

The clincher was apparently that Wi-Fi is already widely available, but many see it as a victory for ITS-G5 supporters Volkswagen, Renault and NXP, who claim it is better for time-critical communications such as crash avoidance.

In the opposite corner, big hitters like Ford, Daimler, Deutsche Telekom and Huawei back C-V2X, arguing that it can support a wider range of applications.

The US and China are both expected to endorse 5G and driverless car cybersecurity is very much in the spotlight.

According to Techradar, Mats Granryd, director general of the GSMA (the trade association for mobile network operators), wrote to the European Parliament criticising Wi-Fi as old technology.

Meanwhile, Reuters quoted Lise Fuhr, director general of telecoms lobbying group ETNO, as saying: “Europe cannot mandate only one technology for connected driving. Member states can now correct this by bringing 4G and 5G back into the picture: global competitiveness and safety are at stake.”

The EC legislation still requires approval in the European Council, so the victory for Wi-Fi isn’t assured yet.

UK drops to 7th in Autonomous Vehicles Readiness Index

A new report by KPMG shows the UK has dropped two places, to seventh, in its Autonomous Vehicles Readiness Index.

While this could be interpreted as a blow to the UK government’s commitment to be at the forefront of driverless technology, KPMG was at pains to emphasize that this was “only due to high-performers Norway and Finland joining the index”.

Countries were assessed on 25 different measures across four pillars – policy & legislation, technology & innovation, infrastructure, and consumer acceptance.

KPMG 2019 Autonomous Vehicles Readiness Index image
KPMG 2019 Autonomous Vehicles Readiness Index image

As last year, The Netherlands ranked #1, praised for its efforts to run platoons of driverless trucks on major ‘Tulip Corridor’ routes from Amsterdam to Antwerp and Rotterdam to the Ruhr valley. Singapore ranked #2 thanks to its test town for driverless vehicles.

Sarah Owen-Vandersluis, head of public mobility strategy for KPMG in the UK, commented: “The UK has made a lot of inroads with big investments, a committed government and world-leading policy; it has seen many positive announcements regarding both private sector initiatives and local and central government strategies.”

In a separate paper – Mobility 2030: Transforming the mobility landscape – KPMG highlighted three key disruptive forces: 1) Electric vehicles (EVs) and alternative powertrains; 2) Connected and autonomous vehicles (CAVs); and 3) On-demand mobility services.

Driverless delivery vehicle maker Nuro gets billion-dollar boost

Whenever anyone spends a billion dollars in the self-driving world it is probably worthy of a mention here.

In this case, unmanned delivery vehicle specialist, Nuro, has been boosted by a US$940m investment from Japanese multinational, SoftBank.

Founded in 2016 by two former Google engineers, Dave Ferguson and Jiajun Zhu, Nuro operates mainly in San Francisco but plans to expand its delivery service to new areas, add new partners and expand its fleet.

“We’ve spent the last two and a half years building an amazing team, launching our first unmanned service, working with incredible partners and creating technology to fundamentally improve our daily lives,” said Ferguson.

“This partnership gives us the opportunity to take the next step in realizing our vision for local commerce and the broad application of our technology.”

Nuro’s other backers include Greylock Partners and Gaorong Capital.

Must-see video: new driverless cars world record set in China

Guinness World Records has posted this video of what is officially now the largest parade of autonomous cars ever:

55 self-driving cars built by Changan Autmobile set the record at the Dianjiang test site in Chongqing, China, on 28 November 2018.

Design Boom reported that a 56th car was disqualified after the safety driver briefly took back control of the vehicle.

The challenge of London: can driverless cars unblock the world’s sixth most gridlocked city?

Today’s two new statements from the London Assembly – one on the cost of congestion and the other on changes to the licensing guidelines for taxis and minicabs – have highlighted major transport problems in the capital… issues which connected and autonomous vehicles (CAVs) could potentially help to solve.

Caroline Pidgeon MBE AM, chair of the London Assembly Transport Committee, said: “The revelation that London is the sixth most gridlocked city in the world, behind Moscow, Istanbul, Bogota and Mexico City, will come as no surprise to most road users.

“This is a shockingly expensive fact and hugely damaging to our global reputation. Getting millions of Londoners to and from work every day is a massive challenge – but we really have to try harder for the sake of our economy and our environment.

“The need to improve London’s public transport capacity is desperate – hence the urgent necessity for Crossrail and for more people to walk and cycle whenever possible.” 

Notably, the Transport Committee’s 65-page 2017 report London Stalling described the current Congestion Charge as “no longer fit for purpose” and recommended that “the Mayor should make plans now to introduce road pricing.”

Transport data firm Inrix has since calculated that the average road user in London lost up to £1,680 last year due to traffic jams.

There’s little doubt that smart highways and connected cars could help to ease congestion, or that electric vehicles would cut the damage from tailpipe emissions.

Admittedly, Adam Millard-Ball’s concern that self-driving cars could exacerbate the problem by cruising to get around paying for parking (as outlined in A dystopian vision of polluted London) would need to be tackled.

As to the government’s proposed new licensing guidelines for taxis and minicabs – which would require cabbies to pass enhanced criminal record checks – Pidgeon said: “Anything that improves the safety of passengers has to be a good thing.

“We need to prevent the likes of John Worboys from being able to operate as a legitimate licensed driver again and stop the worrying numbers of sexual assaults in minicabs.

“The big miss in the government response to the Department for Transport (DfT) Review is the statutory definition of plying for hire not being resolved. This has long been a major bone of contention and it appears to be too hard to resolve, so they aren’t going to try.”

Under existing regulations, private hire vehicles (PHVs) may only pick up passengers when pre-booked, rather than from a rank or being hailed.

However, the RMT, the union for transport workers, asserts that: “ smartphone apps such as Uber are circumventing the law governing the taxi and minicab industry”.

If the authorities haven’t even got their heads around smartphones yet, they’ve certainly got a lot of thinking to do when it comes to driverless cars, not least the thorny issue of who to save in no-win crash situations.

CASE study: connected, autonomous, something and electric

The motor industry is notoriously fond of an acronym and here’s a new one which might just catch on: CASE.

In this case, C stands for connected, A for autonomous and E for electric, but there’s disagreement about what the S should stand for.

Vehicle manufacturer Daimler goes for connected, autonomous, shared and electric, although if you dig a bit deeper into their website they keep their options open with “shared and services”.

“Each of these has the power to turn our entire industry upside down,” said Dr Dieter Zetsche, chairman of the board of Daimler AG. “But the true revolution is in combining them in a comprehensive, seamless package.”

Over at car parts maker ZF, Andy Whydell, vice president of systems product planning for active and passive safety, goes for connected, autonomous, safe and electric.

For explanations of other vehicle-related terms and acronyms, see our Cars of the Future glossary.

Must-see video: why is Ford disguising drivers as car seats?

Ford Europe has posted a new video highlighting an innovative approach to autonomous vehicle testing:

Drivers frequently use hand gestures (!), head nods and eye contact to communicate with other road users. For example, to establish that a pedestrian is crossing, that a cyclist has seen them or that they’re letting another car go first.

But how will self-driving vehicles achieve a similar degree of interaction? One idea is to use flashing lights of different colours.

To test the theory without spending a fortune on autonomous tech, Ford created the “Human Car Seat” – camouflaging a driver so the vehicle, at first glance at least, looks driverless.

This homespun method allows observers to more effectively gauge real-world responses.

According to Automotive World, 60% of people surveyed thought the Transit Connect was an autonomous vehicle and turquoise emerged as the preferred light colour.

Ford, in partnership with electronics specialist Hella, is now conducting further tests, including positioning the lights on the grille and headlamps.