Coopertown, Tennessee
While technology has come a long way in a short time, the age of the fully-automated, self-driving car is years away. Although there are many vehicles on the market with advanced driver assistance capabilities, the driver still has the responsibility of being in control of the vehicle. Vehicles with autonomous driving features still require a driver to be in the driver’s seat, wearing a seat belt, and paying attention to road hazards, in addition to other factors that must be in place for the vehicle to operate without input from the driver (NHTSA, n.d.).
Tennessee law allows autonomous vehicles to be driven on roadways, but requires a driver to be in the driver’s seat. Tennessee Code Annotated (T.C.A.) § 55-30-107 (a) says, in part, “it is an offense for any person to knowingly operate a motor vehicle on the public roads or highways of this state without a human driver in the driver’s seat of the vehicle,” and a violation of that statute is a Class A misdemeanor. Additionally, drivers in Tennessee have the responsibility to drive with due care. T.C.A. § 55-8-136 (b) says, in part, “every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm,” and a violation of that statute is a Class C misdemeanor. In summary of these statutes, all vehicles driven on public roadways in the State of Tennessee require a licensed driver to be in the driver’s seat, awake, and able to maintain control of the vehicle.
Consumer Reports conducted a study on an autonomous vehicle to see if it was possible to circumvent the vehicle’s safety features to allow a lone occupant to ride in the passenger seat while the vehicle drove itself. They found it was possible to have the vehicle drive itself without a person in the driver’s seat. However, certain factors had to be in place and the driver had to intentionally disable or fool the vehicle’s safety features that prevent the vehicle from being driven driverless. Neither Coopertown Police Department nor Consumer Reports advocate anyone bypass any vehicle safety feature. It is not only dangerous, but illegal to do so (Consumer Reports, 2021).
In the case of autonomous vehicles, the old saying “just because you can doesn’t mean you should” is certainly applicable. To go one step further, just because you can doesn’t mean it’s safe or legal. Simply because the vehicle can drive itself does not relieve the driver from being alert and in control of the vehicle. Even aircraft pilots remain seated and alert when using autopilot. NBC News reported on drivers and passengers asleep while the autonomous vehicle drove itself (NBC News, 2019).
Relying on the vehicle’s technology to avoid critical incidents while driving does not keep the driver from being held criminally or civilly liable in the event of a crash. While the advancements in vehicle safety features have come a long way to help motorists from being involved in crashes, the licensed driver assumes a lot of responsibility for their actions or inaction while driving.
References
Autonomous Vehicle Act of 2017, T.C.A. § 55-30-107. (2017).
Consumer Reports. (2021, April 23). We drove a Tesla with no one in the driver’s seat. That’s not a good thing. | Consumer Reports. https://www.youtube.com/watch?v=ovc2axLmzIw
Drivers To Exercise Due Care, T.C.A. § 55-8-136. (2011).
National Highway Traffic Safety Administration (NHTSA). (n.d.). Automated vehicles for safety. https://www.nhtsa.gov/technology-innovation/automated-vehicles-safety
NBC News. (2019, September 9). Tesla driver caught on camera apparently asleep at the wheel | NBC Nightly News. https://www.youtube.com/watch?v=NHUZxeSUFUk
Popular Science. (2022, March 30). Photo of autonomous Mercedes [Photo]. https://www.popsci.com/uploads/2022/03/30/unnamed.jpeg?auto=webp
