Pennsylvania’s Guidelines for Self-Driving Cars

Pennsylvania’s guidelines for self-driving cars have recently evolved to permit certified autonomous vehicles to operate on public roads without a human safety driver behind the wheel, marking a major step in the state’s approach to this new technology. This legal framework, updated by PennDOT, focuses on safety and certification for both testing and public operation, creating new questions about responsibility when a crash occurs.

As self-driving cars, also known as autonomous vehicles (AVs), become more common on our roads, it is natural to have questions about how they operate and what happens if something goes wrong. These vehicles, which use a combination of sensors, cameras, and software to navigate, promise a future with fewer accidents. However, the technology is still developing, and crashes can and do happen. 

Understanding the Levels of Driving Automation

Before diving into Pennsylvania’s specific rules, it helps to understand that “self-driving” is not a single concept. The Society of Automotive Engineers (SAE) International has defined six levels of driving automation that are widely used by the auto industry and regulators. Knowing these levels helps clarify what a car can do on its own and what it still expects from a human driver.

• Level 0: No Driving Automation. The human driver is responsible for everything: steering, braking, accelerating, and watching the road. The car might have safety alerts, but it does not drive itself.
• Level 1: Driver Assistance. The car can help with one task at a time, like adaptive cruise control that maintains a set distance from the car ahead, or lane-keeping assist that helps you stay centered. The driver is still in full control.
• Level 2: Partial Driving Automation. The vehicle can control both steering and speed simultaneously under certain conditions. This is the most common level found in new cars today. However, the driver must remain fully engaged, with their hands on the wheel and eyes on the road, ready to take over instantly.
• Level 3: Conditional Driving Automation. At this level, the car can manage most aspects of driving in certain environments, like on a highway. The driver can take their hands off the wheel but must be prepared to intervene when the system requests it.
• Level 4: High Driving Automation. The vehicle can perform all driving tasks and monitor the environment on its own within a specific, limited area or set of conditions (this is called an operational design domain). A human driver is not required to take over in that area.
• Level 5: Full Driving Automation. This is a fully autonomous vehicle. It can drive itself under all conditions and on any road that a human driver could navigate. There is no need for a steering wheel or pedals.

These distinctions are critical because the level of automation can play a significant role in determining who is responsible if a crash occurs.

What Are Pennsylvania’s Current Guidelines for Self-Driving Cars?

Pennsylvania has positioned itself as a leader in autonomous vehicle development, and its laws reflect this. The key legislation governing this area is Act 130 of 2022, which gave the Pennsylvania Department of Transportation (PennDOT) the sole authority to regulate how highly automated vehicles (HAVs) operate in the state.

Following the direction of this law, PennDOT recently updated its official guidelines in a document known as Publication 950. This update marks a groundbreaking change:

• Certified Driverless Operation: For the first time, companies that meet PennDOT’s certification requirements can operate their vehicles on public roads without a human safety driver inside the car.
• Conditions for Remote Operation: The new guidelines also establish clear conditions for operating an autonomous vehicle from a remote location. This means the “driver” may be a person in an office miles away, monitoring the vehicle through technology.
• Continued Safety Oversight: Companies must still adhere to a strict certification process and provide detailed plans to PennDOT to ensure their operations are safe for the public.

This move from supervised testing to certified driverless operation means the technology is no longer just experimental; it is being integrated into our transportation system.

How Do These Autonomous Vehicle Rules Affect You in Philadelphia?

As you drive down the Schuylkill Expressway (I-76) or cross the Benjamin Franklin Bridge, it is now legally possible to encounter a certified car with no one in the driver’s seat. Pennsylvania’s updated guidelines mean that driverless vehicles are no longer a future concept but a present-day reality on our roads.

These rules mean that any autonomous vehicle operating in Philadelphia must be part of a program certified by PennDOT. The vehicle is required to follow all traffic laws, just like any human-driven car. This includes obeying speed limits on Roosevelt Boulevard, yielding to pedestrians in crosswalks near City Hall, and stopping for red lights. 

If you are in an accident with one of these vehicles, the fact that it was truly driverless adds new layers to the situation, especially when it comes to figuring out who is responsible.

Who Is Liable in a Self-Driving Car Accident in Pennsylvania?

This is the most pressing question for anyone injured in a crash involving an autonomous vehicle. Liability, which means legal and financial responsibility, is much more complicated than in a crash between two human-driven cars. In a standard accident, you typically look at the actions of the drivers involved. With a truly driverless AV, several parties could potentially be at fault.

Possible responsible parties could include:

• The Remote Operator or Vehicle Owner: If a human was remotely monitoring the vehicle, their actions or inaction could be a factor. The company that owns the vehicle and the AV program could also hold responsibility for the system’s performance.
• The Manufacturer: The company that built the car could be held responsible if the accident was caused by a defect in the vehicle’s hardware, such as a faulty sensor or brake system.
• The Software Developer: The crash could be traced back to a bug or flaw in the vehicle’s programming or artificial intelligence. The company that designed the self-driving software could be liable in this situation.
• A Third Party: In some cases, another human driver, a pedestrian, or even a city government responsible for poor road maintenance could have contributed to the accident.

Determining the cause of the crash is essential for establishing liability. This often requires a detailed investigation into the vehicle’s data recorders, which log information about the car’s sensors and its operational decisions leading up to the incident.

The Role of Product Liability in Autonomous Vehicle Crashes

Many self-driving car accident cases may fall under the legal concept of product liability. In simple terms, product liability law holds manufacturers and sellers responsible for putting a defective or dangerous product into the hands of a consumer.

If an autonomous vehicle causes an accident due to a flaw, it could be considered a defective product. There are three main types of defects:

1. Design Defect: The problem is with the product’s design itself. For an AV, this could mean the sensors are positioned in a way that creates a blind spot, making the entire line of vehicles inherently unsafe.
2. Manufacturing Defect: The product’s design was safe, but an error during the manufacturing process made a specific vehicle dangerous. This could be a faulty wire connection or an improperly installed camera on one particular car.
3. Failure to Warn (or Marketing Defect):: The manufacturer failed to provide adequate instructions or warnings about the product’s limitations. For an AV, this could involve not clearly explaining the specific conditions under which the driverless system can safely operate.

A product liability claim argues that the vehicle’s technology, not a human driver’s error, was the primary cause of the accident and the resulting injuries.

Negligence and Pennsylvania’s Guidelines for Self-Driving Cars

Negligence is another key legal concept in personal injury cases. Negligence occurs when someone fails to act with a reasonable level of care, and that failure causes harm to another person. While we often think of negligence in terms of a distracted human driver, it applies directly to the world of autonomous vehicles.

For instance, the company operating the AV could be found negligent if it deployed vehicles on public roads before they were truly ready, ignoring known software bugs. The remote operator could be found negligent if they were not monitoring the vehicle with the required level of attention. 

Pennsylvania’s guidelines for self-driving cars help establish the expected standard of care, and proving that a company or operator failed to meet that standard can be a key part of a personal injury claim.

What’s Next for Autonomous Vehicle Laws in Pennsylvania?

The world of self-driving cars is changing rapidly, and Pennsylvania’s laws are evolving with it. The state’s new guidelines allowing for driverless operation represent a major leap forward, not a final destination. As this technology becomes more common, we can expect the legal framework to continue to adapt.

Federal agencies like the National Highway Traffic Safety Administration (NHTSA) are also developing guidelines and safety standards that will influence state laws. Future regulations will likely address a wide range of issues, from data privacy and cybersecurity to more detailed rules for insurance and liability. As these vehicles become a more integrated part of our transportation system, the legal framework governing them will become even more important for ensuring the safety of everyone on the road.

Contact Our Philadelphia Personal Injury and Car Accident Lawyers Today

Being in a car accident is challenging enough. When it involves a driverless vehicle, the legal questions become complex. At Leonard Hill — Personal Injury Lawyers And Car Accident Lawyers, we have more than 50 years of combined legal experience helping people who have been injured due to the actions of others.

We are committed to providing honest, straightforward communication and personalized attention to every client. Our focus is on holding responsible parties accountable and pursuing the maximum compensation the law allows for your recovery. The sooner you speak with us, the sooner we can begin protecting your rights and helping you on the path forward. Contact us today at (215) 567-7600 or through our online form for a free consultation to discuss your case.