California Regulations Hold AV Manufacturers Liable for Moving Violations

­California has closed a legal loophole by holding autonomous vehicles – or more specifically, their manufacturers – responsible for moving violations.

As-is, autonomous vehicle liability is anything but certain. Because many of the semi-autonomous or “driver assistance” systems explicitly require an alert, human “operator” to monitor the vehicle at all times and potentially take control, liability often falls on the human occupants.

Even when said vehicles are involved in fatal accidents.

If the autonomous systems failed, regardless of human supervision, then liability gets a bit murkier.

But what about fully autonomous vehicles with no human occupants? AV companies will often go to extreme lengths to avoid culpability, but what happens when the blame can’t be foisted onto humans?

New California regulations would enable law enforcement agencies to “cite AV companies for moving violations committed by their vehicles, requiring AV companies to respond to first responder calls within 30 seconds and authorizing local emergency officials to issue electronic geofencing directives to clear AVs from active emergency zones.”

Law enforcement would be empowered to issue a “Notice of AV Noncompliance” to manufacturers when an AV commits a moving violation.

California DMV Director Steve Gordon added that “California continues to lead the nation in the development and adoption of AV technology, and these updated regulations further demonstrate the state’s commitment to public safety.”

Will any part of the new regulations, AB 1777, inhibit the growth of AVs? Unlikely, since California is already the undisputed king of autonomous vehicles and AV testing. But it does portend some potentially substantial court cases, with far-reaching consequences.