BC makes Level 3/4/5 autonomous driving systems illegal, for now

[ecarfan]

This news report came to my attention today:

As automakers strive towards more advanced driver-assist systems, one province in Canada is applying the brakes on the tech. British Columbia recently updated its Motor Vehicle Act, prohibiting the use of vehicles with Level 3 systems. This isn't just a clampdown on using such systems. The law makes it illegal to merely drive any Level 3-equipped car, whether you use it or not.

By “it” the reporter means any Level 3 capabilities present in the car.

Here is the BC bylaw which specifies the fines to be imposed in cases of “Drive or permit driving of” a Level 3/4/5 equipped vehicle.

For those not familiar with the various levels, see this MIT article describing the various levels of vehicle autonomy:

LEVEL 2: Partial Driving Automation

With partial automation, the driver is still in full control, with full attention to the road, but the “help” is a little more refined. The ADAS has combined automated functions, which for the human means the system could potentially control both steering and braking/accelerating simultaneously.

ADAS is “advanced driver assistance system”.

However, the difference between Level 2 and 3 has always been a bit fuzzy to me. From that article:

LEVEL 3: Conditional Driving Automation

Imagine a fully automated assembly line that requires full human supervision in case of a needed override -- that’s essentially how level three works. In this case, the vehicle can operate on its own in certain circumstances. Functions like steering, braking, and acceleration are automated, but the driver has to be ready to step in.

I believe that Tesla would argue its systems are Level 2 because of the company’s emphasis that a licensed human driver must be in the drivers seat and always be ready to take control of the vehicle.

One certainly might argue Teslas are Level 3. But I do not believe that the intent of the new BC bylaw is to make all Teslas (and some other manufacturers models) illegal in the province. The government likely wants to be sure that higher levels of vehicle autonomy are carefully evaluated before being allowed on public roads, and there is certainly nothing wrong with that.

In reality I consider the new bylaw essentially unenforeceable. The police cannot reliably tell when a car is driving itself unless the driver is asleep and the car isn’t crashing. They might notice if the driver had no hands on the wheel but that is hard to be sure about because many people drive with their hands at the bottom of the wheel. And it is unwise to drive a Tesla without at least one hand resting lightly on the wheel; Auto Pilot and FSD and far from perfect.

 

[iMoe]

I have yet to understand the speration between Transport Canada and the different MOTs across provinces. As far as I can tell, vehicles and public roads remain the same when crossing provincial borders (asphalt quality not withstanding)