Are Self-Driving Cars Above the Law in San Francisco?

The San Francisco police department (SFPD) has announced that self-driving cars in the city are exempt from traffic tickets if there is no one in the driver’s seat, despite concerns from public safety agencies and experts. The current California law has not kept pace with the expanding technology, leaving a legal and safety gap that needs to be addressed.

According to the SFPD policy, officers can pull over autonomous vehicles (AVs) for violations, but they can only issue a citation if there is a safety driver in the vehicle overseeing its operations. Since June 2022, autonomous vehicles have been allowed to operate without safety drivers within the city limits. However, officers can only issue citations to the registered owner of an unoccupied vehicle for non-moving violations such as parking or registration offenses. They cannot issue citations for violations like speeding, running a red light, driving in the wrong lane, or making an illegal turn.

The SFPD clarified that no citation for a moving violation can be given if the AV is being operated in a driverless mode, raising questions about why self-driving cars are exempt from traffic tickets. This exemption highlights the concern that laws have been slow to catch up with driverless technology. Other states like Texas and Arizona have updated their laws to accommodate autonomous vehicles, with Arizona allowing officers to issue a citation to the registered owner of the vehicle if an autonomous vehicle violates a traffic law, even if no human is present.

California, being a major market for robotaxis, lags behind in updating its laws to regulate autonomous vehicles. More than 500 autonomous vehicles between Waymo and Cruise were operational in San Francisco as of August, even before the city approved their expansion. This delay in updating the regulations poses broader questions about how autonomous vehicles will be regulated in the future.

While the SFPD clarified its inability to issue tickets to autonomous vehicles, the California Department of Motor Vehicles disclaimed that it could not enforce laws that did not exist. The department emphasized the need for autonomous vehicles to comply with the California Vehicle Code during the permitting process, but there are no specific clauses on how law enforcement should handle misbehaving self-driving cars and what penalties apply.

The issue of traffic tickets for self-driving cars is compounded by safety concerns in San Francisco. In August 2023, Waymo and Cruise were approved to expand their operations in the city, despite complaints about vehicles blocking emergency response teams. Following the proliferation of the cars, reports from locals indicated that the vehicles were causing “mayhem,” leading to Cruise pulling its driverless cars off the road after one of its vehicles was involved in a high-profile crash that almost killed a pedestrian.

Officials have accused Cruise of withholding crucial information on the accident, prompting them to reconsider their strategies for public safety. It is clear that more needs to be done to address the legal and safety challenges posed by self-driving cars in San Francisco.

In conclusion, the exemption of self-driving cars from traffic tickets in San Francisco raises important legal and safety concerns that need to be addressed. While other states have updated their laws to accommodate autonomous vehicles, California lags behind in regulating this expanding technology. As the use of self-driving cars continues to grow, it is essential for laws to adapt to ensure the safety and regulation of these vehicles.