Navigating the road ahead: Florida's autonomous vehicle statute and its effect on liability.

• Author: Terwilleger, John W.

Imagine getting into your car, programming a destination, pulling out that book you have wanted to read while the car drives you to the destination by itself. No, it is not a scene from The Jetsons; (1) several companies are only a few years away from selling safe and effective cars that drive themselves without human intervention. Each day, more progress is made in advancing the technology.

Florida has taken the lead in establishing a statutory framework that legalizes limited use of autonomous cars. The statute encourages manufacturers that are developing autonomous vehicles to come to Florida to test their products. By enacting this statute at such an early phase, when few other states have passed similar statutes, Florida is attempting to position itself to take advantage of the developing technology. If one or more manufacturers make Florida their primary place of business, the presence of the manufacturers could create new jobs for Floridians and create new tax revenue for the state. Additionally, the presence of one or more manufacturers could strengthen Florida's reputation as a home for technological innovation. (2) This article introduces the statutory framework and addresses the strengths of the statute, as well as areas that the statute does not address that may create challenges in the future.

Background

Commercially available cars that drive themselves without human intervention may still seem like a concept from science fiction, but they are quickly nearing reality. The cars have been described as "self-driving cars," (3) "driverless cars," (4) and "automated motor vehicles." (5) Under Florida law, the cars are known as "autonomous vehicles." (6) While autonomous vehicles are unlikely to appear on the highway in the next year (unless that highway is shut down for testing, such as when Audi tested an autonomous vehicle in Tampa (7)), the technology has taken significant steps forward in the past years and is nearing the point of commercial viability. (8) Florida, California, Nevada, and Michigan have already passed legislation to legalize the use of autonomous vehicles. (9) Florida currently only requires a normal drivers' license. (10) However, California will issue drivers' licenses specifically for autonomous vehicles, (11) and Nevada will require an endorsement on the license to drive an autonomous vehicle. (12) Autonomous cars have already made their presence known on Florida roads, albeit with special precautions. (13)

For many people, the prospect of sitting back and letting the car drive them to work is both exciting and terrifying. Long commutes can turn into productive work periods, offering time to catch up on reading or to watch a movie. The dangers caused by drivers texting while driving will no longer exist. The risks associated with driving while under the influence will be diminished. Several studies in the U.S. and the United Kingdom have estimated that human error is responsible for 90 percent to 99 percent of traffic accidents. (14) Not only should autonomous vehicles be better drivers than most people, reducing total accidents, (15) but also autonomous vehicles may actively warn other autonomous vehicles of dangerous road conditions. (16)

A new set of laws and regulations will be needed to address the new normal on the road. What should be the requirements to "drive" an autonomous vehicle? How old should a person be to drive an autonomous vehicle? Is it legal to take a nap while the car is driving? How much attention, if any, should the driver give the road? Can a person drive an autonomous vehicle while under the influence of alcohol? Who is responsible if an autonomous vehicle gets into an accident? Answers to these questions will require the involvement of the legislature, the department of transportation, and, ultimately, the courts. However, the Florida Legislature has already passed a statute that paves the way for the use of autonomous vehicles. Although the statute only addresses liability in limited aspects, it provides a foundation for the way the future legislatures and courts will address liability, if and when an autonomous vehicle gets into an accident.

For purposes of clarity and consistency, the person who is driving an autonomous vehicle will be referred to as the "operator." "Operator" will have the meaning applied by Florida statute, which defines "operator" as the person who "causes the vehicle's autonomous technology to engage, regardless of whether the person is physically present in the vehicle while the vehicle is operating in autonomous mode." (17) A person who is driving a traditional car with normal human intervention will be referred to as the "driver."

The Florida Statute

Effective July 1,2012, Florida legalized autonomous vehicles under limited circumstances. (18) The law defines "autonomous vehicle" as "[a]ny vehicle equipped with autonomous technology." (19) "Autonomous technology" is then defined as technology in a vehicle that can drive the vehicle without the driver's "active control or monitoring." (20) Additionally, the definition explicitly excludes the many driver assistance mechanisms currently in place, such as blind spot assistance, emergency braking, and even parallel parking assistance. (21) The key to an autonomous vehicle is that the technology "enables the vehicle on which the technology is installed to drive without the active control or monitoring by a human operator." (22)

While the definition will clearly divide most autonomous vehicles from traditional vehicles, the line may soon become obscured. BMW and Volvo have already announced a remote valet parking assistant, and Tesla Motors has indicated that it will soon introduce a similar feature. (23) The system is described as being able to act as a traditional valet: The driver/ operator is dropped off at a location, and the car then drives itself into a parking garage, finds a parking spot, parks, turns off, and at a scheduled time or when summoned, the car reactivates and meets the driver/operator at the pick-up location. (24) While these vehicles will, for the most part, be driven like traditional vehicles, the installation of the remote valet parking assistant transforms the vehicles into autonomous vehicles under the definition of an autonomous vehicle in F.S. [section]316.003(90). (25)

Although it would be reasonable for devices such as the remote valet parking assistant to be subject to the same restrictions as a fully autonomous vehicle, the current statute restricts the use of any autonomous vehicle to only certain, designated individuals. (26) Unless the statute is changed, it would be illegal to drive a BMW i3 with remote valet parking assistant, regardless of whether the feature is actually used.

For Testing Use Only

Autonomous vehicles may be used only for testing purposes. The vehicle must have an operator "present in the autonomous vehicle such that he or she has the ability to monitor the vehicle's performance and intervene, if necessary." (27) Operators are limited to either the autonomous technology manufacturer's "employees, contractors, or other designated persons," or "research organizations associated with accredited educational institutions." (28) The operators' purpose must be the testing of autonomous technology. (29) An operator is not necessary if the autonomous vehicle is being tested on a closed course. (30) Additionally, any entity testing an...