back to article Car insurers recoil in horror from paying auto autos' speeding fines

Red Dwarf's Kryten has told Parliament that electric cars of the future could be charged from LED lampposts – while insurers have flinched at the idea that they might have to pay speeding fines on behalf of naughty self-driving vehicles. British insurance companies don't mind paying out for driverless car traffic accidents, as …

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          1. Anonymous Coward
            Anonymous Coward

            If it's at an MOT check which it should pass, then yes.

            1. Rameses Niblick the Third Kerplunk Kerplunk Whoops Where's My Thribble?

              So, if the software written by the manufacturer is in control of the vehicle and exceeds the speed limit, is found to be unmodified, patched correctly and in a timely manner and otherwise operating correctly, surely the vehicle manufacturer is responsible?

              1. The First Dave

                Another question no-one has asked, that is routinely found to be an issue with 'regular' speeding tickets is the actual signage - if the signage is defective, how does the car challange it (regardless of who would pay)?

            2. /dev/null

              The only emissions tests in an MoT test are for CO and hydrocarbons, there's nothing about CO2 or NOx.

              1. Alan Brown Silver badge

                "there's nothing about CO2 or NOx."

                YET.

          2. Anonymous Coward
            Anonymous Coward

            > "So I'm liable for my Volkswagon exceeding CO2 emissions?"

            Yes, you are, you are responsible for ensuring your vehicle is fit to operate on the road.

            Similarly if I have an escalator in my shop that goes so fast it launches grannies two foot in the air off the top, that's my problem too.

            People are starting to get very strange ideas of who is responsible for their machines.

            1. Anonymous Coward
              Anonymous Coward

              > People are starting to get very strange ideas of who is responsible for their machines.

              Whilst I'm all for people taking responsibility for their actions, it is morally unconscionable to hold someone responsible for something for which they cannot reasonably be aware of. In the UK it is essentially impossible for a private citizen to know what emissions their car is producing, because no-one provides the service to the public (I believe there are 3 companies offering PEMS rental, and only 1 will deal with the public). You might as well put police/VOSA at every Nissan garage and pull everyone driving a brand nee Qashqai off the forecourt (or in fact, almost any diesel on the road - I'm sure it actually applies to a lot of petrol's too).

              What you're saying (effectively), is that if I (hypothetically) buy rat poison which is marketed as safe for human consumption*, it's tested by the Food Standards Agency an acredited as such**, but the manufacturer had incorporated an undetected fatal-to-humans component in it***, then I'd be liable for my neighbour's child eating it and dying. Which is patently absurd.

              * analogous to car manufacturer's marketing blurb

              ** analogous to EURO certification

              *** analogous to defeat device

          3. Michael Habel

            So I'm liable for my Volkswagon exceeding CO2 emissions?~

            Actually yes you probably are. But, since your Car is still likely under some Warranty or other. You could try, and take it up with VW. Though I doubt they would care much.

          4. Phil O'Sophical Silver badge

            So I'm liable for my Volkswagon exceeding CO2 emissions?

            The VW scandal concerned NOx, not CO2, which is important because NOx has a legal maximum limit (analagous to a speed limit) whereas CO2 is just used as a tax lever by governments.

            Whether you're liable will probably depend on how the law is written. It it says that you can't drive a car with emissions above a certain level then yes, you're liable (but will have a very good claim against VW for selling unfit goods). If the law simply says that it's not legal to sell cars that exceed the limits then you're probably not liable.

            It's not really the same issue as speeding. Consider the current situation with a hire car. If you get stopped for speeding, you'll get fined. If you're caught by a camera the notice goes to the owner (the rental car agency) and there's always small print in the contract which says that they will pass your name as driver to the authorities, and if you don't pay they will bill the fine plus an "administrative charge" to your credit card. I think it likely that the same approach will be applied to autonomous vehicles, the "registered keeper" will be the end of the line for the ticket.

        1. Steve Davies 3 Silver badge

          The owner would be liable?

          So, you mean the leasing companies then?

          If you change 'owner' to 'registered keeper' then you might have a case but I'd be rightly miffed if I got three points on my license for my speeding car if I was on the other side of the world...

          The idea of self-driving/autonomous cars is that the car will go where it is told so it could be sent to pick up little Jimmy and Jockasta from school with no adult in the car.

          Future cars probably won't even have a steering wheel.

          Then there is the whole 'car sharing' thing.

          Who is liable then eh?

    1. David 132 Silver badge
      Unhappy

      Because it's Britain, and the joyless shitpails who run the country (of which MPs are just a sub-set.. see also councils, quangos, pressure groups and the perpetually offended) decide everything on the basis of: how miserable, coerced, and fleeced can we make the populace? What remnants of light and joy and self-determination and freedom can we stamp out next?

      1. Andrew Lobban

        @david132

        Best comment I've read anywhere for ages. Funny and sadly true..

    2. BrownishMonstr

      Who is liable for dictating the speed limit? Will some human make the decision based on how they're feeling that day? Based on some stuff they learned from someone else, who observed it from a flawed survey. Will it be static or will it be vary by day/time/traffic /school holidays/etc.

      Before we answer who is liable to pay the speed limit we should ask what the speed limit is and whether it's different for human drivers, and autonomous cars. Human drivers are usually great at doing many things but bad at each specific thing, especially concentrating on more than one thing at a single time. Autonomous cars can't do many things human drivers can, but they could potentially be great at a core set of tasks and could be Observing all around the car.

      Observing the speed limit is one thing. Setting the speed limit is another.

    3. Chemical Bob

      "I had this daft idea that parliament and not companies were supposed to draft legislation."

      Yes, that is daft.

    4. GrumpyKiwi

      Reply to: I'm also curious why insurance companies appear to be dictating the law, I had this daft idea that parliament and not companies were supposed to draft legislation.

      Gosh yes. Next thing you know other people with subject expertise will be telling parliamentarians that the laws of mathematics won't change just because they stomp their foot. Or that the internet is not a series of tubes. Can't have that sort of carry on.

    5. Flocke Kroes Silver badge

      Daft idea

      Have you looked at our government this century? Not just the party/coalition with the majority - I mean the whole lot of them. Do you really want these people drafting legislation?

      1. Danny 14

        Re: Daft idea

        "So I'm liable for my Volkswagon exceeding CO2 emissions"

        unfortunately yes. if vosa pull you over, test your car, find it non compliant then the driver is fined and handed a defect notice. as wrong as this is (as the car was bought new and serviced in good faith).

        1. Anonymous Coward
          Anonymous Coward

          Re: Daft idea

          > "So I'm liable for my Volkswagon exceeding CO2 emissions"

          > unfortunately yes. if vosa pull you over, test your car, find it non compliant then the driver is fined and > handed a defect notice.

          MOT & roadside emissions testing for diesels is on smoke density, though (or it was when mine was spot-checked ... on the way back from an MOT ...) ...

          > as wrong as this is (as the car was bought new and serviced in good faith).

          Agreed.

          1. Alan Brown Silver badge

            Re: Daft idea

            "spot-checked ... on the way back from an MOT"

            One of the more paradoxical things in the UK is that you can pass the MOT with a car that isn't in roadworthy condition. Yes, really.

    6. Anonymous Coward
      Anonymous Coward

      If your not driving it then you are just a passenger, and the car could have many passengers in it so there would be no way, by law, for the police to determine which passenger was at fault.

      The car and it's autonomous AI would be at fault and therefore the insurance firm would need to pay and would have telemetry to prove it was driving, what speed and GPS history.

    7. j.bourne
      Black Helicopters

      I suspect that you've confused what should happen with what does happen...

  1. frank ly

    Try a sensible design?

    "Conservative MP Sir Oliver Letwin asked what would happen if a self-driving car was "slow in responding to a change in signage", using the example of a smart motorway with editable speed limits."

    Surely there's a 'grace period' of about a thirty seconds (or whatever) before any new speed limit violations will trigger a recorded offence? If not, why not?

    1. Lee D Silver badge

      Re: Try a sensible design?

      The trick is to use an example to prove the point.

      The insurers want to take no responsibility for the car's speed.

      So when the system fails, the GPS is out, the road map is inaccurate, a new road is put in, a speed limit on an existing road is changed, or there are roadworks - they want no part of it.

      Asking the question shows that. They'll be overruled anyway. But it shows them that they'll have to take account of things like that, and insure it, whether they like it or not. Ask any insurer if they want to cover you using candles responsibly at home, they'll say no. The fact is they don't get to specify things down to that level of detail and need to take into account that people will do that anyway.

      1. Chemist

        Re: Try a sensible design?

        "they want no part of it"

        Do you know an insurer who would insure a human driver for speeding fines ?

        1. Trigonoceps occipitalis

          Re: Try a sensible design?

          Not an insurer but NewsThump reported that Audi would pay fines for their owners of new cars. Up to £20k a year apparently.

          1. Anonymous Coward
            Anonymous Coward

            Re: Try a sensible design?

            Maybe it would be better if they spent the money on fixing all those defective indicators instead...

          2. Anonymous Coward
            Anonymous Coward

            Re: Try a sensible design?

            I really hope I'm too slow to spot the irony here, but just in case - NewsThump is a satirical site.

        2. Adam 1

          Re: Try a sensible design?

          > Do you know an insurer who would insure a human driver for speeding fines ?

          I think this is why I'm having such trouble following the line of reasoning. Insurers have never covered you for breaking the law. If you are driving an unregistered vehicle and have an accident, your insurer won't pay out. Same if you are driving at an unsafe speed for the conditions or under the influence of a substance (prescribed or otherwise). They are not about to start now.

          They will insure you against fire, theft, damage caused by another party etc. At most, they may accept to charge back to Ford/Toyota/BMW/whoever. The manufacturers themselves may have public liability insurance specifically to handle Takata scale recalls but carrying the can for this isn't something that retail insurance would want a bar of.

      2. PNGuinn
        Mushroom

        Insurance liability

        This really is a load of old bx.

        So the insurers have to pay the fine when "my" driverless car breaks the speed limit - or commits any other offence "on my behalf"?

        And my premiums will not be affected at all? So I wont in the end have to pay?

        See icon >>

    2. David 132 Silver badge

      Re: Try a sensible design?

      What, and miss out on all that lovely revenue?

      Don't worry, they'll follow the fine principles of ex-North Wales Chief Constable Richard Brunstrom (he of the infamous "that guy we caught doing 31mph in a 30 zone* is no better than a teenage vandal and should shut up and admit his guilt") when designing this. Just be grateful that the speed limit signs aren't in a locked filing cabinet in a disused lavatory behind a sign saying "beware of the leopard", etc.

      *-because the guy in question was overtaking a slow-moving tractor, as I recall.

      1. Yet Another Anonymous coward Silver badge

        Re: Try a sensible design?

        Just be grateful that the speed limit signs aren't in a locked filing cabinet...

        It's an interesting point whether the displayed speed limit sign is the definitive legal limit, or that is the speed limit assigned by the local authority ?

        If somebody puts up a fake speed limit sign or a variable one malfunctions are you currently responsible ?

    3. Dave Pickles

      Re: Try a sensible design?

      "Surely there's a 'grace period' of about a thirty seconds (or whatever) before any new speed limit violations will trigger a recorded offence? If not, why not?"

      According to a friend* who was invited to a 'naughty step' course in lieu of a speeding ticket the cameras are armed 12 seconds after the signs are changed.

      * honest...

      1. Andy Mac

        Re: Try a sensible design?

        You’ve hit on the perfect solution: Send your car to the naughty step class and thus no fine for anyone.

        1. David 132 Silver badge
          Coat

          Re: Try a sensible design?

          You’ve hit on the perfect solution: Send your car to the naughty step

          In the case of Spanish VW-group cars, it's a naughty Seat.

          1. Danny 14

            Re: Try a sensible design?

            the insurer will end up paying the fine. your premium will include a fee to do so. no different from the legal fee coverage part of some policies.

            cant see the hoohaa insurers are making. any extras they are mandated to do will simply cost us more on our premiums :(

            1. Anonymous Coward
              Anonymous Coward

              Re: Try a sensible design?

              I'm torn between saying that it should be obvious that the driver should pay the fine, and should the "driver" be the computer then liability sits with the legal entity who wrote and supplied the software.

              However, it then occoured that should you say that the insurers should pay then insurance premiums for autonomous cars would go up to pay for all of the autonomous speeding tickets, which would make them cost ineffective to own.

            2. Nick Ryan Silver badge

              Re: Try a sensible design?

              It'll go this way in the end - with either our insurance, the manufacturer's insurance or the bot-developer's insurance covering it.

              Insurance is little more than gambling. However for those who noticed that the insurance groups are setting the rules in parliament this is because they have a lot of money... a very large amount of money indeed (they are usually effectively owned by the banks). These groups do not like to lose their bets. Ever. Therefore the bets they take are considerably hedged in their favour and the law of the land has been amended to support this.

          2. Korev Silver badge
            Coat

            Re: Try a sensible design?

            I'm afraid I'm going to have to Escort you off the premises, Leon...

            1. Morris-man1948

              Re: Try a sensible design?

              ... and it just Getz worse..

    4. Anonymous Coward
      Anonymous Coward

      Re: Try a sensible design?

      Presumably once there are a number of autonomous vehicles on the road, any variable signage would be updated to unambiguously communicate with them - e.g. bluetoth / wifi / short range beacons with an ID for that gps position, published to all satnav makers, so that the car could receive the speed data, and know it came from a legit sign.

    5. Adrian 4

      Re: Try a sensible design?

      Perhaps the idea of changing speed limits on the fly is just stupid ?

      1. John Brown (no body) Silver badge

        Re: Try a sensible design?

        "Perhaps the idea of changing speed limits on the fly is just stupid ?"

        For human drivers? No. Slowing down the traffic a few miles before an incident or just heavy and slow traffic works because you don'y get so many people arriving at the back of the queue quite so quickly. With mainly autonomous cars, speed limits per se may not even be necessary since they hopefully will all be online and communicating.

      2. d3vy

        Re: Try a sensible design?

        "Perhaps the idea of changing speed limits on the fly is just stupid ?"

        No variable speed limits are not stupid... Forget motorways for a minute... There are three primary schools near my home, each of these has a 20mph limit outside it. Two of these schools are on busy roads so it makes sense to reduce the speed when the kids are out and about, but between 9.30am and 3pm there are no kids out of school so the limit goes back up to a 30 on one road and a 40 on the other... Similarly after 5pm the kids have all gone home so there is no need for the limit to be lower.

        All that is needed is CLEAR SIGNAGE for drivers (Though to be honest if you can get above 10mph at pick up and drop off time near a school I'd be amazed!)

        Going back to motorways the idea is that if you follow the posted limits it makes your journey faster as you dont end up getting caught up in miles and miles of traffic as you slow down slightly and the blockage is (theoretically) clear before you get there.. In my experience following the posted limit on the Mway does indeed lead to a much less stressful driving experience.. if we could all follow the posted limits and kill off the middle lane hoggers doing 65 and taking 10 minutes to overtake a lorry driving on the motorway would be much less stressful.

    6. John Brown (no body) Silver badge

      Re: Try a sensible design?

      "Surely there's a 'grace period' of about a thirty seconds (or whatever) before any new speed limit violations will trigger a recorded offence? If not, why not?"

      Yes, there is a delay before the speed cameras react to the new lower limit. If you just passed a variable speed limit sign which sets a lower limit, you won't know until you see the next sign and as far as you are concerned the new lower limit doesn't apply until you reach that sign.

  2. Anonymous Coward
    Anonymous Coward

    Speed Limit Signs

    How long before pranksters start posting fake speed limit signs? Bonus points to them if they make them only visible in infrared light (e.g., They might be a sale ad, or some other kind of advertisement in visible light, with the speed limit appearing in infrared.).

    Hmm, if such a fake speed limit sign indicates that the speed limit is 1,080,000,000 km/hour (e.g., 3E8 m/s), will the car try to break the speed of light? Might be just as entertaining to make the speed limit 1 km/hour.

    Anon Y. Mous

    1. David 132 Silver badge
      Happy

      Re: Speed Limit Signs

      Seen pasted onto a roadside sign in the near future, in infrared-visible ink:

      ( 30 '); DROP TABLE autopilot-rules;-- )

      1. TRT Silver badge

        Re: Speed Limit Signs

        Make sone wonder about car jacking then. Invisible stop sign. Car starts slowing. Stops. Doors ripped open and "Give us your wallet". Bang!

        1. d3vy

          Re: Speed Limit Signs

          "Doors ripped open"

          I dont for a minute think that would happen... for a start car doors can be locked - every car Ive had since my shitty austin metro got nicked have automatically locked them selves when the car starts driving.

          Secondly... would it be sensible to steal an autonomous car? What would the purpose be? Joy riding? Resale? You'd have to be pretty confident in your technical abilities to *quickly* disable any "return to home"/"Drive to the nearest police station with the doors deadlocked" functionality!

      2. Dwarf

        Re: Speed Limit Signs

        Surely no programmer would make such a simple mistake.

        Didn't someone do the same on a registration plate too - seem to recall a pic on the Internet in distant memory

        1. Anonymous Coward
          Anonymous Coward

          Re: Speed Limit Signs

          Was this the pic on the internet?

          https://xkcd.com/327/

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