Achilles’ Wheel: Tesla’s Autopilot Feature Is Under Investigation​

By Adelina Budulan​

The Story

In the US, the National Highway Traffic Safety Administration (NHTSA) has formally opened an investigation into Autopilot, Tesla’s driver assistance software, following 11 crashes with parked emergency vehicles (Financial Times).

Together, the incidents resulted in 17 injuries and one fatality (Financial Times). Depending on its outcome, the investigation may affect an estimated 765,000 vehicles in total (Bloomberg). The NHTSA may recall the vehicles, and additionally may impose regulations upon the whole automotive sector (Financial Times).

Impact on Businesses and Law Firms

Advanced driver assistance software has become commonplace within the US automotive sector. Several automakers, including Tesla, General Motors, and Volvo, offer “technologies that can help motorists park, stay in their lane and avoid collisions” (Bloomberg). Fully autonomous vehicles are not commercially available yet, but automakers are increasingly seeking to shake up the current state of affairs on a global level. Elon Musk, CEO of Tesla, has been particularly vocal about the benefits of fully autonomous vehicles and has predicted their widespread availability in the near future. He has also been criticised for suggesting that Tesla’s Autopilot is capable of controlling vehicles on its own - even though the feature has been designed to help drivers maintain speed levels, or stay in the correct lanes (Financial Times).

Advanced driver assistance software poses several legal conundrums, which are exacerbated by the prospect of fully autonomous vehicles. The question of liability remains the most prominent, as it is still unclear whether the manufacturer, the driver, or the insurer would take responsibility for road accidents (Autocar). It has been suggested that the law could impose a strict liability regime, whereby fully autonomous vehicles would be treated as pets: if they cause harm, their ‘owners’ (the drivers) take the blame (Autocar).

The question of cybersecurity has also gained prominence within the regulatory landscape. Even the most advanced technologies are still at a nascent stage, which renders them particularly vulnerable to cyber attacks. Regulators and lawmakers will likely need to address the specific cybersecurity challenges posed by advanced driver assistance software, and issue adequate guidance for manufacturers and consumers alike.

The recent movement towards strengthening national data protection regimes further complicates the challenge.“[The] necessary collection and analysis of personal data involved with ensuring safety, analysing accidents and managing vehicles in public or fleet ownership will have to steer its way through the [current data protection] rules” (Mills & Reeve Technology Law Update).

As the automotive sector continues to develop, regulators and lawmakers will likely have to grapple with both long-standing and novel questions regarding the boundaries of innovation. Law firms will likely be called upon to help clients within the sector navigate the regulatory patchwork surrounding driving-assistance software and, eventually, the prospect of fully autonomous vehicles. Some law firms, including Dentons, DLA Piper and Herbert Smith Freehills, have already established multi-disciplinary teams or groups to manage such lines of work.