Auto pilot driving, also called self-driving, a brand new industry that arises public concern currently, was initiated by Tesla Motor within current two years. As literally defines, autopilot driving is a system used in a car to drive or operate without hand-in control by drivers. Tesla Motor, obviously, is not the first enterprise, nor the only enterprise entering this new market. However, we cannot deny that this flag Silicon Valley company successfully attracts public’s focus; more importantly, it launched a new industrial revolution that other technical giants, such as Google, began to compete with Tesla in this new market. Naturally, Google establishes a department as well to research on self-driving car to catch up the technical speed.
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From this Tesla case, I cannot find out an appropriate law in charge of such traffic accident liability. Since all the evidences shows that autopilot system was turning on when driving the Model S, no legal provision can be used clearly to judge which position has the major responsibility in this traffic accident. In contrast, Florida could be one of the most important state to legalize the automatic car since it is the first state to pass such laws. According to Florida law, (F.S. §316.86) “any person with a valid driver’s license may operate an autonomous vehicle. This provision places responsibility on the person who puts the vehicle into autonomous mode.” However, I think it is easy to anticipate situations in which the operator could be partially responsible, but as the Florida bar Journal analyzed, “a passenger in the vehicle who disengages the autonomous mode or otherwise interferes with the autonomous mode is also responsible.” From the F.S. §316.86, we can find that it answers some liability questions, but simultaneously this law creates more questions, particularly within the definition of “operator.” The section set rules that the operator must have a driver’s license, eliminating any questions about whether a child can operate the vehicle. However, it leaves open other means of operation that could be extremely negligent. Can I say the section said nothing about operator? In another word, it is a right nonsense since it failed to differentiate the operator of autonomous vehicle and regular vehicle. And even worse, I cannot tell which section clarifies clearly about traffic liability. If we read the words, we can only say that the driver Joshua Brown should have main responsibility for it literally. However, in fact, even Tesla admitted that it was their fault to cause such
From this Tesla case, I cannot find out an appropriate law in charge of such traffic accident liability. Since all the evidences shows that autopilot system was turning on when driving the Model S, no legal provision can be used clearly to judge which position has the major responsibility in this traffic accident. In contrast, Florida could be one of the most important state to legalize the automatic car since it is the first state to pass such laws. According to Florida law, (F.S. §316.86) “any person with a valid driver’s license may operate an autonomous vehicle. This provision places responsibility on the person who puts the vehicle into autonomous mode.” However, I think it is easy to anticipate situations in which the operator could be partially responsible, but as the Florida bar Journal analyzed, “a passenger in the vehicle who disengages the autonomous mode or otherwise interferes with the autonomous mode is also responsible.” From the F.S. §316.86, we can find that it answers some liability questions, but simultaneously this law creates more questions, particularly within the definition of “operator.” The section set rules that the operator must have a driver’s license, eliminating any questions about whether a child can operate the vehicle. However, it leaves open other means of operation that could be extremely negligent. Can I say the section said nothing about operator? In another word, it is a right nonsense since it failed to differentiate the operator of autonomous vehicle and regular vehicle. And even worse, I cannot tell which section clarifies clearly about traffic liability. If we read the words, we can only say that the driver Joshua Brown should have main responsibility for it literally. However, in fact, even Tesla admitted that it was their fault to cause such