Recent action taken by California’s Public Utilities Commission (CPUC) has ultimately paved the way for driverless cars to carry passengers in Los Angeles and around the state. Based on the action taken by the CPUC, two programs have now been authorized that will permit the carrying of passengers in driverless vehicles.
Since there are two separate programs that will allow driverless cars to transport passengers, a closer look at both programs is warranted.
CPUC Authorizes Testing Permit Holders to Transport Passengers Via Driverless Vehicles With a Safety Driver Present
The first type of authorized program relates to a pilot program that is ultimately concerned with testing a self-driving vehicle’s autonomous capability. According to the CPUC guidelines, a Transportation Charter-Party Carrier "permit-holder" will be allowed to test their autonomous vehicles for transporting passengers if said permit-holder also possesses an Autonomous Vehicle Tester Program Manufacturer’s Testing Permit. This second permit is issued by the state’s Department of Motor Vehicles (DMV).
While this is a legal mouthful to be sure, the key takeaway is that the DMV-issued permit requires that a "driver" be present in the autonomous vehicle who is capable of taking control if something goes wrong during testing. Moreover, any company that chooses to engage in this form of driverless transport may not charge passengers for the ride since it is to be used for testing purposes.
That said, this still means that Los Angeles passengers may soon be transported by autonomous vehicles in a ridesharing company’s testing phase with a safety driver present. As a factual matter, California’s statewide requirements for this program are not much different than the self-driving car death that occurred in March of 2018 when a pedestrian was struck and killed by a self-driving Uber vehicle with a safety driver present.
Notably, investigators in that accident discovered that the safety driver was watching Hulu at the time of the accident when manual control was needed.
Second Program Excludes the Requirement of a Safety Driver and Includes Remote Monitoring
The CPUC also gave the go-ahead for a program that does not require a human driver’s presence. Instead, this second program relies on remote monitoring of the self-driving car, but there are limitations on which companies may participate in the program.
Specifically, companies that rely on this program may not:
- Operate from or within airports
- Must limit the vehicle’s use to carrying only one party at a single time (fare-splitting is not allowed under this program)
- The service is only chartered by legal adults of 18 years or more
- Compensation for the ride, like the first program discussed, is similarly disallowed
At present, these two programs seem to cement the inevitable future of self-driving cars that transport passengers on California and Los Angeles streets. In a county like Los Angeles that already sees nearly three times more fatal accidents than any other California county, it remains to be seen how a future with driverless cars will impact the safety of Los Angeles residents. Regardless, it is clear that lawmakers and regulatory authorities are already planning on this future, with signs pointing to a final CPUC proposal that will be ready by the end of 2019’s first quarter.
Contact The Ledger Law Firm for more information about self-driving car laws or to discuss a legal claim if you were injured in a Los Angeles ridesharing accident involving a self-driving vehicle.
