Could driverless cars make us worse drivers?

With approximately 90% of road traffic accidents attributed to human error, it is widely assumed that driverless cars will lead to improved road safety.  However, a new study at the University of Nottingham suggests that Level 3 automated vehicles may have an adverse effect on driver performance.

Conditional automation

While industry is pursuing the goal of fully autonomous vehicles, the first ‘driverless cars’ that are likely to be seen on public roads will not be fully autonomous but rather offer conditional automation.  These vehicles, also referred to as Level 3 vehicles (on the Society of Automotive Engineers classification), are capable in certain scenarios of controlling all dynamic, non-strategic, driving activities but expect the human driver to intervene if required.  Examples of this technology include traffic-jam assist.

The issue of transferring control between the vehicle and the human driver – known as ‘handover’ –has proved controversial.  In particular, there is a significant debate as to whether this can be done safely as a matter of design.  A split has emerged in industry as a result, with some manufacturers seeking to jump straight to Level 4 automation (‘high automation) on the basis that it cannot.

The study

The study – How will drivers interact with vehicles of the future? – involved a group of 49 experienced drivers undertaking a 30-minute commute-style journey in a longitudinal driving simulator at the same time on each of five consecutive days.  The journey involved periods of manual and automated driving.  Each participant also brought with them their own devices and artifacts to use.

The aims of the study were to explore:

  • the type of activities that drivers chose to undertake in a vehicle offering Level 3 automation;
  • what impact these had on the manual resumption of the driving task under both routine and emergency conditions; and
  • how participants’ behaviour changed during the course of the week.

The results

 The results of the study showed the following:

  • Drivers were quick to develop high levels of trust in and acceptance of automation and undertook a range of activities while the vehicle was in control, with smartphones being the most popular device;
  • The proportion of time spent on non-driving activities increased over the course of the week, with less than 20% of time spent directed at the road scene by the end of the trial;
  • Initial driving performance after handover was poor with drivers swerving and varying their speed for up to 10 seconds;
  • Although driving performance after handover improved over the week so too did driver complacency with an increased tendency among drivers to use the 60 second prepare-to-drive notification period to casually dispense with their secondary activities rather than actively preparing to drive;
  • Human-machine interface (HMI) appeared to play an important part in facilitating efficient handover, with a feedback HMI – showing the current status of the automated control system – reducing the time to ‘driver readiness’.

The study, a full copy of which is available here, provides interesting insights for how people will interact with Level 3 vehicles in practice nd, critically, how that may impact on their ability to take safe control of such vehicles on handover.  This will be relevant to both policy makers and industry, particularly in relation to designing vehicles in a manner that satisfies a manufacturer’s duty of care to consumers.

Interestingly, the authors of the report also conclude that the results indicate a strong need for new driver skills when it comes to vehicles with automated functionality, to ensure that drivers efficiently monitor system status displays, and are able to resume control smoothly and safely.

Philip Pfeffer
Philip Pfeffer
Partner, London
++44 20 7466 2660
James Allsop
James Allsop
Senior Associate, Tokyo
+81 3 5412 5409
William Lord
William Lord
Associate, London
+44 20 7466 2426

Japan allows Level 3 automated vehicles on public roads

Less than six months after being proposed by the National Police Agency, the Japanese Diet has enacted amendments to the Road Traffic Act which will allow Level 3 automated vehicles to be used on public roads.  The amended law will come into effect by May 2020.

Level 3 automated vehicles are capable of driving without the need for the driver to monitor the dynamic driving task or the driving environment, but require the driver be in a position to resume control, if needed.  The issue of transfer of control (or “handover”) between vehicle and driver has proved controversial, and industry is split as to whether this can be done safely.

We previously considered the impact of these amendments in our January blog post (available here).  In summary, they are as follows.

  • The concept of “driver” under the Road Traffic Act now includes an “Autonomous Driving Device” – a system that takes the place of recognition, prediction, judgment and operation of humans entirely.
  • Vehicles must be fitted with a data recorder (an Operating Condition Recorder), which may be required by the police in the event of an accident.
  • Drivers may only use Level 3 features when their vehicles satisfy the operational design domain set by the manufacturer.
  • Drivers are not permitted to sleep, consume alcohol or to sit in the back seat, but may use a mobile phone, read a book, eat or watch an in-built entertainment system, provided that they are ready to immediately take back control of the vehicle.
  • Approvals will be required through a permit system for wireless updates to self-driving programs, aimed at preventing the risk of cybersecurity breaches.
  • Manufacturers will be required to provide technical information to facilitate inspections of autonomous driving equipment, and special certification will be required for autonomous vehicle maintenance providers to carry out operations.

The amendments are a necessary step for Japan to achieve its aim of showcasing its driverless car technology at the 2020 Olympics.  However, they still leave Japan behind some jurisdictions (for example, California), where commercial self-driving vehicles are already being operated.

Damien Roberts
Damien Roberts
Partner, Tokyo
+81 3 5412 5453
James Allsop
James Allsop
Senior Associate, Tokyo
+81 3 5412 5409
Peter Keeves
Peter Keeves
Graduate Solicitor, Tokyo
+81 3 5412 5427

Japan advances driverless car ambitions with draft bill to amend Road Traffic Act

I can tell you that in 2020 Tokyo, self-driving cars will be running around, and you will be able to use them to move around” – Prime Minister Shizo Abe, October 2017.

There is no doubt that Japan is focussed on utilising its role as host city for the Olympics in 2020 to showcase its technological prowess in the field of driverless cars.  However, while both the Government and a number of Japanese auto manufacturers have set themselves ambitious goals, there are a number of legal and regulatory issues that need to be resolved in order for these goals to be realised.

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On 19 July 2018, the Automated and Electric Vehicles Bill received Royal Assent and became an Act of Parliament. The new Automated and Electric Vehicles Act represents the first legislative step towards the UK Government’s aim of establishing the UK as a world leader in the development and deployment of driverless car technology and creating “the most advanced regulatory framework for driverless cars in the world.”

This briefing considers the key provisions of the Act relating to automated vehicles.

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On 18 December 2017, the first road testing regulations for autonomous driving vehicles (ADVs) in China were released in Beijing (Beijing Regulations). The Beijing Regulations have been issued jointly by the departments responsible for transport, traffic police and industry in Beijing (Beijing Authorities). In the absence of nationwide regulations, the Beijing Regulations mark the first step taken by the government to permit and regulate road testing activities for ADVs in China. Although the Beijing Regulations have been implemented on a trial basis, they are set to influence the drafting of road testing regulations by local governments outside Beijing and, potentially, nationwide.

In this article, we set out the current legal environment for ADV road testing and highlight the key points that companies should pay attention to in respect of the Beijing Regulations.

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