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The Dutch court contributes to the discussion on “liability framework for self-driving cars” and rules that a person in a self-driving car should not be treated as a passenger but as the driver of the car and should act accordingly. The autonomy level of the car probably played a role at this decision.
The decision can be found as below :The person concerned has been fined for holding a mobile phone while driving. The person involved drove a Tesla Model S with the autopilot functionality. In short, it means that you no longer have to drive in a Tesla Model S with autopilot. You have thus become a driver to a passenger, according to the person concerned.
The subdistrict court ruled that the person concerned still has to be regarded as a director. Even if the car is in the autopilot, a driver is necessary, a person who determines where the car is going, someone who can intervene in emergencies, someone who is responsible for what the car does.
Under Article 61A RVV, a driver may not hold a mobile phone in his hand while driving. It follows that the profession of the person concerned is declared unfounded.
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