Road traffic lawyer Richard Freeman talks automated cars, the future of motoring, and whether we'll ever truly become backseat drivers

The tragic death of a woman who was struck by a self-driving car operated by Uber in the USA has led to several clients contacting me for advice. While driverless cars are not currently operating on the UK’s public roads, there are plans to introduce them within five years.

At the moment, we have a watered down version of this new technology. Some cars are equipped with safety features which automatically kick in if on-board sensors detect danger.

This happened to a client on the motorway last week. He was in the middle lane when a car came to undertake him on the inside lane. This happened at the same time as another car was overtaking him on the outside lane. Suddenly his car burst into a frenzy of activity, as if it had a mind of its own. The steering wheel started buzzing and vibrating and the dashboard began flashing red warning signs. The client told me he felt at that moment that he did not have full control of the car. The sensors had detected the two overtaking vehicles on either side and the automatic safety feature took over the steering. The car edged right then left several times as it tried to put a safe distance between it and the other two. The driver said he felt helpless and was forced to place blind faith in the technology. Within a few seconds both cars had overtaken him and the alert was over.

However, he was left a bit shaken by the experience and wanted to know where the law stood on this issue. What would have happened if his car had steered him into the vehicle in, for instance, the inside lane, causing a serious accident? What would he say to the police? “Sorry officer but it wasn’t me, it was my car!” Would that cut it if he was charged with dangerous driving? In Scotland you do not have to be driving a car before you are held to be driving as a matter of law. If you are regarded as being in substantial control of the vehicle you will be held to be driving. For example, if your car has broken down and someone is helping you with a jump start and you are pushing the car from the back while your helper is steering, you are held to be driving the car. What happens if someone else switches on the car, puts it in driverless mode to go to a preprogrammed destination, and then leaves the vehicle, with you in the back seat.

Are you just a passenger? How is that to be interpreted? Before we even get to the driverless car, however, consideration must be given to automated cars. This is where a driver is still in control but the car is able take over to stop by itself in an emergency, or take directional control when it senses danger. What happens if it gets it wrong? These were just some of the questions my client put to me last week.

The Automated and Electric Vehicles Bill which will give driverless cars the green light is eagerly awaited. In an ideal world if the technology is safe it can only be a good thing - but only time will tell if it will ever be safe enough for us all to become back seat drivers.

Click HERE if you wish to view the Article on the GlasgowLive.co.uk website.

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