Although we are still a long way from fully autonomous self-driving cars taking over the roads in 2023, their popularity is steadily growing. Many cars that still require a driver have many features that make the driver’s job easier, such as automatic parking and lane detection (there are many levels of automation, which we will discuss in this article). Various companies, including Tesla, General Motors, and even Apple, are researching this field and are already producing self-driving cars with various levels of automation. What does the law currently stipulate regarding the use, insurance, and operator presence of these vehicles?
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Use of autonomous vehicles – Which US states allow autonomous vehicles on public roads?
Tesla
As the number of self-driving cars increases, most states have enacted laws to regulate them. Some states only allow the deployment of self-driving cars for commercial purposes. These states include Alabama, Arkansas, and Louisiana. Michigan is an exception, as it allows the testing of all self-driving cars, but only in an “on-demand self-driving car network.” Most states only allow one or the other.
The following states currently allow self-driving vehicles for non-commercial use: Arizona, California, Colorado, Florida, Georgia, Iowa, Kansas, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania (effective July 1, 2023), Tennessee, Texas, Utah, and West Virginia.
States that only allow testing of self-driving cars include Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Massachusetts, New Mexico, New York, Ohio, Vermont, Virginia and Washington.
As of January 2023, a total of 34 states have laws regarding autonomous vehicles. However, not all state laws dictate whether a driver must be in a car that isn’t fully autonomous, whether the driver needs to be licensed, or whether the vehicle needs liability insurance.
Levels 0-5: What are the levels of autonomous vehicles?
cruise
SAE International defines six levels of vehicle automation, ranging from Level 0 to Level 5. Levels 0 through 2 are generally considered to be non-autonomous, while Level 4 and Level 5 cars are fully autonomous.
Level 0 vehicles are fully non-autonomous vehicles. They may include features to provide temporary assistance or warnings, but are not capable of driving autonomously. Such features include emergency braking, lane departure prevention, and blind spot warning systems. Control of the pedals and steering wheel is entirely the driver’s responsibility.
Level 1 vehicles will have some form of lane centering or adaptive cruise control – two features that assist with steering and pedal operation, but again, these are only “driver support” features and do not make the vehicle self-driving.
Level 2 cars are equipped with both lane centering and adaptive cruise control.
Level 3 vehicles are where it gets interesting. With autonomous features turned on, you are in the driver’s seat, but you don’t have to drive. Level 3™ vehicles do not drive autonomously in all situations, so you will need to interact with them from time to time. An example of a feature at this level is traffic jam assistance.
Level 4 vehicles have already reached a level of automation where they have no pedals or steering wheels. At this level of automation, you don’t need to drive at all.
Level 5 is the highest level of automation and represents a fully self-driving car. The difference between the last two levels is that a Level 5 car can drive anywhere and in any situation without human control.
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What do U.S. state laws say about the level of automation in cars?
Via Volvo
State laws treat vehicles with different levels of automation differently.
For example, in Arizona, where autonomous vehicles are permitted, vehicles with SAE Driving Automation Level 3 or below must have a properly licensed human driver. Vehicles with SAE Driving Automation Levels 4 or 5 do not require a human to take over at any time, so they do not require a human in the car.
In other U.S. states, including Florida, Georgia and North Dakota, levels 4 and 5 are considered fully autonomous, meaning no licensed human driver is required.
In states that are introducing autonomous vehicles, such as Colorado, liability insurance is not necessarily required. However, most states do require liability insurance, and some even require the same amount as the state’s minimum insurance amount (Arkansas, Georgia, New Hampshire), even if the vehicle is only permitted for testing purposes (Massachusetts). It is common in various states to require $1 million, $2 million, or $5 million in liability insurance for autonomous vehicles, but some states, such as Hawaii, have not addressed the issue.
As self-driving cars become more common, broader and more clearly defined laws will surely be put into place in the U.S. For now, fully self-driving cars are mostly limited to short taxi rides, but we may see this change in the distant future.
