No, it’s not the plot of a science fiction movie. Driverless cars in Australia are already being tested on our roads. The first demonstration of these autonomous vehicles was conducted in October 2018 on the streets of the Adelaide CBD. And today full trials are being undertaken in regional Queensland in anticipation that self-driving technology will hit our streets by 2030.
This project, known as ZOE2, will test whether our roads, signs, lines and infrastructure are suitable for autonomous vehicles’ technology. More trials of driverless vehicles in Australia are expected.
Of course, there are several issues that need to be addressed, and that we need to understand as road users in Australia. Here we talk through what laws exist around self-driving cars in Australia and whether or not they are safe.
What is a driverless car?
Exact technologies vary between different autonomous vehicle manufacturers, who often keep their specifics a closely guarded secret. But most self-driving cars in Australia and world-wide have three key features:
In-built GPS so you can program the car to take you where you want to go.
Sophisticated detection technology such as LADAR (lasers used to measure distance), cameras and radar.
On-board computers designed to analyse vast amounts of information on the go.
This means that self-driving cars in Australia (also known as ‘autonomous vehicles’) will move along our roads without a driver handling the decision-making. Driverless vehicles in Australia will in fact be driverless!
Legislation for driverless cars in Australia
While autonomous vehicles seem extremely beneficial and will likely address a gap in transportation needs for many Australians, the legal framework needs to be considered. The Federal Government is currently developing legislation that will allow the mainstream use of autonomous vehicles on Australian roads, as well as permit their sale to the Aussie public.
This draft legislation, called the Automated Vehicle Safety Law, has already been through a public consultation period. The legislation will address how driverless cars in Australia should be regulated and repaired, and how the road rules might need to be changed to accommodate them. Most importantly it will ensure driverless cars are safe for Australian road users.
“Automated vehicles have the potential to change the dynamic of Australian roads, however significant road safety concerns may also arise from their legalisation. Studies in the US have indicated that self-driving cars are more prone to accidents, and therefore have the potential to increase the devastating effects of accidents we see on our clients’ lives at Shine Lawyers. Potential legislation will need to ensure strict regulation to avoid heightening potential road accidents" - Christine Eldridge
This new legislation is also important because it closes gaps in our current road rules which use terms such as ‘driver’ and ‘control’.
The new legislation will define who is the ‘driver’ of an autonomous vehicle, who has ‘control’ and how legislation and compulsory third-party insurance will cover liability if an injury arises, as a result of operating an autonomous vehicle in Australia. Responsibility for the safety of an autonomous vehicle’s driving system will be a corporation and not a human driver.
It’s necessary for the government to not only address the aspects related to infrastructure for rolling out production of autonomous vehicles but to also consider the necessary legislative changes to ensure injured persons’ rights are protected.
The laws around autopilot
Tesla’s popularity has vastly increased in the last couple of years here in Australia, with the car brand taking out the best-selling EV brand in 2023. Because of this popularity, we’re increasingly being asked, ‘is Tesla autopilot legal in Australia.’
At the moment the answer is yes. Tesla Autopilot and Enhanced Autopilot are both legal in Australia. But Tesla’s Full Self-Driving mode is not. The basic Tesla Autopilot comes standard with all Teslas in Australia and allows the driver to use:
Traffic-Aware Adaptive Cruise Control
Autosteer
Auto Park
Summon (which allows the car to move short distances without a driver).
Tesla owners can also buy the optional Enhanced Autopilot which will allow Auto Lane Change and Navigate, so the car can autonomously navigate short distances, such as from a highway off-ramp. However, until legislation around driverless cars in Australia is finalised, the full autonomous version of a Tesla isn’t legal.
Are autonomous vehicles safe?
Driverless cars are designed to be safer than vehicles driven by people. Up to 90% of road fatalities are caused or contributed to by human error. Many see driverless cars as a way to effectively address this, if the technology works as intended. But companies developing autonomous vehicle technology must consider the ethical principles posed by the ‘trolley problem.’
In short, autonomous vehicles are being programmed not to undertake an action such as changing lanes or braking unless there’s zero chance of an accident. But what happens if an autonomous vehicle is forced to ‘choose’ between two unavoidable accidents causing injury?
For example, if an autonomous vehicle’s brakes fail and it must ‘choose’ between injuring, for example, five people crossing the road in front of it or one person standing on the footpath, how does it make that choice without a human driver? Should the driverless car continue in a straight line, causing serious personal injuries to five people, or veer to the side, injuring ‘only’ one person?
And from a personal injury law perspective, who will families of the injured (or deceased) bring an action against for compensation? This is where it will be important to have experienced motor vehicle accident lawyers by your side.
Advantages of driverless cars in Australia
Despite the ethical dilemma detailed above, driverless cars have several advantages:
Better safety due to their superior ability to identify hazards.
Elimination of human error, such as driving while tired or drunk driving.
Better fuel efficiency.
Decreased traffic.
Independence for elderly and disabled drivers.
Can I buy an autonomous vehicle in Australia?
While you can buy cars that have the potential to be driverless (such as Teslas), Australian Design Rule (ADR) 90 does not allow the use of fully autonomous vehicles in Australia. In fact, currently there are over 700 laws preventing driverless cars from being on the road in Australia.
However, the new federal driverless cars legislation is set to change that with experts believing we might see driverless cars on Australian roads as early as 2030.
Shine Lawyers – motor vehicle accident lawyers
If you’ve been injured in a motor vehicle accident, whether it was a car, an autonomous vehicle, motorbike, bicycle, truck, as a pedestrian or any other mode of transport, you may be eligible for compensation. Shine’s expert motor vehicle accident lawyers can guide you through the process and help you make a claim on a No Win, No Fee* basis.
*Conditions apply
