Navigating the Legal Roadblock: Autonomous Vehicles and India’s Motor Vehicles Act, 1988

The rapid development and testing of autonomous vehicles (AVs) are transforming the transportation landscape worldwide, promising enhanced safety, efficiency, and mobility. India’s existing Motor Vehicles Act, 1988, however, was enacted in a pre-AV era and poses significant legal and regulatory hurdles to the deployment of AVs on Indian roads. This paper critically examines the compatibility of AVs with the current regulatory framework, highlighting the key challenges and potential solutions. The Motor Vehicles Act, 1988 defines a “driver” as a person who drives a vehicle, implying a human operator. AVs, by contrast, operate autonomously, rendering this definition inadequate. Similarly, the Act’s liability provisions, which hold the driver or owner responsible for accidents, are unclear in the context of AVs, and the absence of specific safety standards and testing protocols for AVs further complicates their deployment. This study analyses the Act’s provisions and identifies areas that require amendment or new regulation to accommodate AVs. It explores international best practices, including the regulatory frameworks of the United States, the European Union, and Japan, to inform India’s AV policy. The paper proposes a framework for AV regulation that includes: defining AVs and their levels of autonomy; establishing liability frameworks for AV-related accidents; developing safety standards and testing protocols; and creating a regulatory authority for AV oversight. The study seeks a safe and conducive environment for AV innovation while prioritising public safety and accountability.