Sperling doubted, however, that Level 4 technology would be available for motorists in the foreseeable future.

\"The industry is not looking at Level 4 as a consumer product. It won't be mass market,\" he said. \"There's a big difference between buying a Level 4 car and taking a ride in a Level 4 robotaxi.\"

Added Koopman: \"This is not a progression from Level 1, 2, 3, 4. We're not climbing a ladder. Companies are pushing as hard as they can to scale up -- and scale up aggressively with immature tech.\"

San Francisco's robotaxis, which are operated by Cruise and Waymo, have been under intense scrutiny in recent weeks. They've caused traffic backups, blocked streets and trapped passengers inside for 15 minutes. A female pedestrian was recently pinned under a Cruise robotaxi when another vehicle, driven by a human, struck the woman.

\"The initial impact was severe and launched the pedestrian directly in front of the [autonomous vehicle],\" which then \"braked aggressively to minimize the impact,\" Cruise, which is backed by General Motors, said in a statement.

Level 2 driver-assistance systems -- tech that is common in most new vehicles -- have been linked to nearly 400 crashes, some fatal, from July 1, 2021, through May 15, 2022, according to NHTSA, which ordered automakers to collect the data as safety concerns mounted from industry experts and critics. A Washington Post analysis of NHTSA data found that Teslas operating in Autopilot mode, the company's Level 2 technology, caused 736 crashes in the U.S. since 2019.

\"The number of deaths and serious injuries associated with autopilot also has grown significantly,\" according to the outlet.

Mercedes engineers and executives said they are well aware of the headlines involving partially automated systems. Macklem noted Drive Pilot's limitations: it only works in daylight and on a pre-mapped freeway network approved by Mercedes. The vehicle will also cede control to the driver when there is construction, inclement weather, poor satellite reception or hard-to-read lane markings. Plus, the system caps the speed at 40 mph and there has to be a lead car for the system to engage.

\"Mercedes has done this very thoughtfully and carefully,\" Macklem said.

\"We've done a lot of studies ... starting in simulators, proving grounds and on real roads to make sure the system was safe,\" Bolster, who works closely with Macklem, said.

\"PHOTO:
Mercedes-Benz
PHOTO: The Drive Pilot system includes additional sensors such as LiDAR, a camera in the rear window and microphones for detecting emergency vehicles, as well as a road wetness sensor in the wheel well.
>

The gray, confusing area of Level 3 automated driving centers on liability: When the vehicle is dynamically driving, can the automaker be responsible for accidents and collisions?

\"We take responsibility for the design and manufacturing of our products,\" Mercedes-Benz said in a statement to ABC News. \"As a manufacturer, our scope of responsibility expands as the vehicle takes on more of the dynamic driving task. In the context of Drive Pilot, this means that if a customer uses the system as intended and instructed and the system fails to perform as designed, we stand behind our product. We are truly confident about the performance of our SAE-L3 system.

With Drive Pilot activated, the vehicle continues driving during a takeover request, and the vehicle handles time- and safety-critical situations. Generally, in the event of an accident, responsibility and liability are determined by the circumstances of each individual case. We will review these claims and take responsibility when the system is shown to have caused the collision and damages. If for example, a third party causes the collision, we may assess each party’s relative responsibility.\"

\"PHOTO:
Mercedes-Benz
PHOTO: When Drive Pilot is active, the driver can turn their attention to other activities inside the vehicle, according to Mercedes.
>

Koopman said legal loopholes still exist for Level 3, suggesting motorists could be accountable for incidents even when the vehicle is driving. Koopman, who blogs about autonomous driving, said he found a troubling paragraph in the Mercedes Drive Pilot user manual for U.K. drivers.

\"In rare cases, the Drive Pilot may not respond to contact from other road users and, accordingly, may not request a takeover. This can also be the case with minor collisions,\" the manual states.

\"The U.K. is not the U.S., but the phrasing is interesting nonetheless,\" Koopman wrote in a recent post. \"This wording is in a pull-down 'note' that will not be seen by the owner reading the manual unless they open a legal 'warning' tab. So I'm guessing most owners won't see it.\"

Koopman argued that a duty of care law from the federal government would \"install a measure of sanity\" for drivers and \"rein in this level of madness.\"

\"Right now automakers are not liable,\" he pointed out. \"Duty of care won't solve all the safety [concerns] but it's 90% of a solution.\"

My test-drive of Drive Pilot was fascinating, unnerving and, at times, frightening. Bolster assured me repeatedly to let go of my fear and let the car manage the traffic. When I asked him why drivers would want this tech, he paused.

\"We spend a lot of time in our cars. It's a natural place, I think, to want to do other things,\" he replied.

So I did as told, taking my hands -- and eyes -- away from the road.

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