Next time you’re driving down an interstate and see a driver with their hands full with something other than the wheel (scrolling TikTok, applying mascara, eating breakfast), don’t panic: As long as you’re driving a new Mercedes with self-driving technology, this is all legal in some states.
The luxury automaker became the first company in the nation to begin selling self-driving cars, or at least those with hands-free driving, to consumers. The company has sold at least 65 self-driving cars in California to date, according to an open records request filed by Fortune with the state DMV, though Mercedes declined to disclose the number. Some Mercedes dealers in Nevada also sell cars equipped with a new technology known as “Level 3” autonomy.
Mercedes told Fortune that its Level 3-capable vehicles were released in December. California and Nevada are the only two states where the company can legally sell the technology to consumers. The DMVs in those states gave Mercedes permission to start selling the cars last year, in Nevada in January and in California in June. Mercedes announced sales plans in September, but this is the first news that the cars have actually been delivered to consumers.
Drivers can activate the technology, called Mercedes Drive Pilot, when certain conditions are met, such as in heavy traffic, during the day, on certain highways in California and Nevada, and when traveling below 40 mph. Drivers can focus on other activities until the vehicle alerts them to resume control. The technology doesn’t work on roads that Mercedes hasn’t pre-approved, such as highways in other states.
The sale marks a new stage of self-driving available to average Americans. Mercedes is the first automaker to sell cars with Level 3 capabilities to customers in the U.S., while Tesla and others are still offering Level 2 technology. At Level 2, the car can perform certain tasks but requires constant supervision by the driver. But some drivers ignore these rules and operate their cars as if they were more capable than they actually are. The family of the deceased driver has accused Tesla of overselling its assisted driving technology as fully autonomous, leading to disastrous results. Meanwhile, the California DMV filed a false advertising lawsuit against the company over the matter last year.
Meanwhile, robotaxis from Alphabet Inc.’s Waymo and GM’s Cruise operate at Level 4, meaning the cars drive themselves without human intervention in most situations, but the companies don’t currently sell cars to consumers, and Cruise recently halted its service after its license was suspended by the California DMV following an incident in which a pedestrian was dragged 20 feet under its vehicle.
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U.S. customers can purchase a year’s subscription to Drive Pilot for the 2024 EQS sedan and S-Class models for $2,500. Mercedes began selling Level 3-capable vehicles in its native Germany in May 2022. A three-year membership for the European package costs between 5,000 and 7,000 euros ($5,300 to $7,500).
The car has turquoise lights in the rearview mirror, headlights and taillights to let police and other drivers know the car is driving itself. Drive Pilot is only available on certain models with built-in hardware, including sensors on the front of the car and a camera on the rear windshield.
Mercedes is also working on developing Level 4 capabilities. The company’s chief technology officer, Markus Schäfer, expects Level 4 autonomous technology to be available to consumers by 2030, Automotive News reported. But the leap to Level 4 is much harder than achieving Level 3. While Level 3 requires a human to take control of the car depending on the situation, Level 4 technology is supposed to offer near-full self-driving autonomy. At this level, the driver should only take over control if the system fails, which means the technology must be able to safely handle almost any unexpected situation on the road.
This story originally appeared on Fortune.com.
