Oregon’s vehicle code is several hundred pages long and consists of several different chapters from Oregon Revised Statutes, but as of early 2016, there are still no specific laws concerning driverless cars. However, self-driving car laws have been introduced to the legislature in the past, and we can expect more in the near future.
In 2013, Oregon State Rep. Sara Gelser proposed House Bill 2428 which would have established processes for issuance of certificate of approval for operating autonomous vehicles on highways of Oregon, but the bill never was voted on by the Oregon house or senate.
How is a Driverless Car Defined?
On February 4th, 2016, the National Highway Traffic Safety Administration (NHTSA) sent a letter to Google indicating that NHTSA will interpret the definition of a “driver” in the context of Google’s described self-driving car design as referring to the SDS (self-driving system), and not to any of the vehicle occupants. NHTSA went on to say, “If no human occupant of the vehicle can actually drive the vehicle, it is more reasonable to identify the ‘driver’ as whatever (as opposed to whoever) is doing the driving.”
This raises some interesting questions:
- Who will legally be determined as the “driver” of a driverless car?
- Can someone who can’t legally drive (due to age or disability) “drive” a driverless car? Can a blind man “drive” a driverless car?
- What happens when two driverless cars collide? How is fault or responsibility determined?
- What will insurance for driverless cars look like? Driverless cars have many accessories and sensors that traditional cars do not have. This not only makes them more expensive, but more fragile and subject to damage. However, driverless cars– in theory– should be involved in fewer accidents. Will all of this be a wash then with insurance premiums, or will they be higher or lower for users of these vehicles?
- If a driverless car gets stopped for a ticket, who has to pay (if anyone at all)?
- Can someone be charged with speeding, careless driving, or reckless driving if they are a passenger in a driverless car and they have no interaction with the vehicle?
- Can someone be charged with speeding, careless driving, or reckless driving if they are a passenger in a driverless car and they have some limited interaction with the vehicle (e.g. by choosing routes, choosing speeds, or having the ability to override the car’s operation with braking or steering)?
- What if the passenger in a self-driving car is intoxicated or impaired. Can they be charged with a DUI if they are only a passenger in a driverless car and they have no interaction with the vehicle?
- Can someone be charged with DUI if they are a passenger in a driverless car and they have some limited interaction with the vehicle (e.g. by choosing routes, choosing speeds, or having the ability to override the car’s operation with braking or steering)?
The Future of Self-Driving Car Laws in Oregon
As of right now, most traffic violations and traffic crimes in Oregon do not have a mental element and are referred to as strict liability crimes. However, drivers are solely responsible for tickets and crimes related to unlawful driving (a mere passenger, for example, could not be cited for a ticket). However, a driver having limited interaction with the vehicle or the ability to override the driverless car’s function could be held to be responsible for unlawful driving, in theory. It remains to be seen if the laws will be updated as these driverless cars start testing in Oregon.