Q: Had some wine at dinner at a restaurant and then got into my self-driving car. I arrived home safe and sound, but I wonder if the fact I was admittedly a little tipsy could have been a basis to charge me with driving under the influence, even though it is a self-driving car.
— G.H., Newport Beach
A: Research indicates that presently, there are two basic self-driving cars:
One is the driver-assist version, in which you must be in the driver’s seat, stay attentive, keep yourself ready (and your hands often on the wheel) and be able to take over if necessary. This would seem to mean you are the driver, and traditional DUI laws focus on the person who is driving while impaired. As such, a prosecutor could argue that bottom line, you were operating the vehicle and a DUI charge may be brought.
The other is a truly autonomous vehicle, a “robotaxi,” if you will. At present, these operate in certain locations in California, and unrestricted use by an owner is not the norm, as of today. This kind of car is akin to being driven by a chauffeur; as I understand it, you open an app, enter the destination and get picked up. As such, it would seem to be a stretch to say that if you are in this vehicle and inebriated that you are then engaged in drunken driving.
Q: These autonomous automobiles scare me. Can they even be ticketed?
— W.F., Inglewood
A: Yes, California Assembly Bill 1777 will become effective in July. It amends Vehicle Code Section 38750 and adds Sections 38751 through 398753.
Manufacturers of autonomous vehicles that operate in California without a human being being physically present, subject to certain exceptions, are going to have to comply with a number of requirements. They will have to maintain a dedicated emergency response telephone line, for example, and each such vehicle is to be equipped with a two-way voice communication device, which enables emergency response officials near the vehicle to communicate effectively with a remote human operator.
Further, the new law authorizes peace officers to issue notices of autonomous vehicle noncompliance upon observing a Vehicle Code violation, or upon observing a violation of a local traffic ordinance. Such notice has to contain various particulars (such as the alleged violation, the date, time and location, as well as the license plate), and require the manufacturer to notify the DMV of any such notice within a set time frame. In turn, the DMV is charged with adopting regulations to provide the processes related to notices of noncompliance with regard to an autonomous vehicle.
Should an autonomous vehicle be involved in a non-fault collision, law enforcement is to issue a noncompliance notice to the representative of the manufacturer. Depending upon the circumstances, a lawsuit could be filed against the manufacturer if a third party is injured. Just who to sue may be a bit confusing, let alone on what basis, so consultation with qualified counsel certainly is advisable.
If a manufacturer is not able to correct the issue identified in the notice of noncompliance, or if repeated noncompliance occurs, the DMV may take administrative action, which could include restricting or even outright suspending the manufacturer’s operating permit.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
