Autonomous vehicles – or self-driving cars – have already been introduced in several countries around the world, but South Africa may not be ready for these just yet.
South Africa’s infrastructure and lack of legislation may be to blame, but even where these cars are already in use, the system is not perfect.
While many people think that autonomous vehicles will improve road safety by eliminating problematic driver behaviour, which contributes to more than 90% of crashes, a recent incident has cast some doubt over this.
What was meant to be a routine traffic stop in California turned into an eye-opener when traffic police pulled over a self-driving vehicle operated by a ride-hailing company after it executed an illegal U-turn.
The vehicle manufacturer reportedly attributed the violation to a system glitch, but the traffic officers’ uncertainty about how to proceed exposed a critical blind spot in the regulation of self-driving vehicles.
Eugene Herbert, CEO of MasterDrive South Africa, explained that while officers were able to stop the vehicle and issue a warning, there is no legal framework that upholds a citation against ‘a machine’ or driverless vehicle.
He noted that this is also not the first such incident involving self-driving vehicles.
Between 2019 and June 2024, nearly 4,000 autonomous vehicle incidents that resulted in injuries or fatalities were recorded in the USA.
“These figures exclude traffic violations that do not result in collisions, as these are far more difficult to track due to enforcement gaps, as highlighted in this example,” noted Herbert.
“Without a legal mechanism to cite violations, many infractions by autonomous vehicles likely go unrecorded, making it impossible to assess the true scope of ‘glitches’.”
He noted that it shows that even in the technologically advanced regions that are pioneering autonomous vehicle development, legal infrastructure lags behind the innovation.
South Africa is not ready for autonomous cars
The case in California highlights crucial considerations that need to be addressed before South Africa can even begin to consider introducing autonomous vehicles.
Firstly, South Africa currently lacks several of the fundamental prerequisites for self-driving cars, including comprehensive 5G network coverage, consistently clear road markings and signage, and a reliable power grid.
But what the incident in California underscores is another essential requirement.
“Before autonomous vehicles can safely navigate South African roads, lawmakers must establish clear legal frameworks addressing liability, enforcement, and accountability,” noted Herbert.
“These laws are meant to protect other road users and passengers in self-driving vehicles while ensuring traffic authorities have the necessary tools to manage law enforcement effectively.”
“According to South African law, autonomous vehicles cannot even enter the roads until these regulations are in place, unlike California, which discovered the gap after the fact.”
The second major issue with autonomous vehicles transcends geographical boundaries.
Drivers and passengers who surrender control to self-driving cars do so under one crucial assumption: that vehicles undergo rigorous testing and would not be permitted on roads unless proven safe and capable of operating legally.
“When such failures as the California one occur, without clear accountability or consequences, public confidence erodes,” said Herbert.
“If a vehicle can commit a traffic violation with impunity due to regulatory gaps, how can users trust that safety was adequately prioritised?”
He adds that as self-driving technology continues to advance globally, regulators need to shift away from being reactive and start thinking proactively.
“The path to fully autonomous vehicles requires more than technological innovation but also a legal framework that can keep pace with the technology it governs,” concluded Herbert.
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