Aditya Shaw, Heritage Law College, affiliated with the University of Calcutta, Kolkata
ABSTRACT
This article examines the complex legal environment that would develop in India if Tesla’s driverless cars were introduced, with a primary emphasis on determining who would be held responsible for accidents. Tesla's cutting- edge self-driving technology, which integrates advanced sensors, machine learning algorithms, and driver-assistance systems, has the potential to revolutionize road safety and efficiency. However, the challenges are compounded by the unique conditions of Indian roads—characterized by chaotic traffic, a diverse mix of vehicle types, and a complex infrastructure— which raise critical questions about fault determination when accidents occur in autonomous mode.
India's current legal framework, mainly the Motor cars Act, 1988 and the Consumer Protection Act, 1986, is still designed for human-operated cars in the absence of specific legislation for autonomous vehicles. Liability has historically been borne by the driver, who is presumed to have complete control over the vehicle. However, it becomes difficult to assign blame for negligence when Tesla's self-driving technologies function with little assistance from humans. It's uncertain if the driver, the manufacturer, or both should bear responsibility for an accident caused by a software bug or sensor malfunction. This situation emphasizes how urgently legislative changes are needed to handle the difficulties presented by autonomous car technology without endangering public safety.
Keywords: Autonomous Vehicles, Tesla Self-Driving Cars, Motor Vehicles Act, 1988, Indian Traffic Laws and AI, Artificial Intelligence in Transportation, Elon Musk' Tesla, Future of Mobility in India
Comments