Isn't that precisely what Mercedes advertises as a selling point with their self-driving technology? "Manufacturer assumes liability when Drive Pilot is on"
inb4: Drive Pilot disengages when the situation is deemed unsaveable demanding manual input and it was on until 250ms before the crash. It was mentioned on page 436 of the ToS so get bent unless it's a tiny fender bender.
Its a funny idea but we have the manual for Drive Pilot and any reasonable reading shows there is no exception like that. When the system is active the person in the driver's seat is considered the "fallback-ready user" and is explicitly encouraged to watch videos or do work while the system is active. In the event of a takeover request the user is told to first "gather your bearings" before taking over, and there is a "maximum allotted time of 10 seconds" to respond before the vehicle puts on hazards and comes to a stop.
In California, where Drive Pilot is approved, the manual is required to be included in the permit application and any "incorrect or misleading information" would at the absolute minimum be grounds for revocation of MB's permit.
Firstly thanks for the manual. It was a nice read but it's iffy. I mean...
"NOTES ON SAFE USE OF THE DRIVE PILOT
The person in the driver's seat when DRIVE PILOT is activated is designated as the fallback-ready user and should be ready to take over control of the vehicle.
The fallback-ready user must always be able to take control of the vehicle
when prompted by the system."
"WARNING
Risk of accident due to lack of readiness or ability to take over
control by the fallback-ready user.
The fallback-ready user, when prompted by the system, must be ready
to take control of the vehicle immediately.
DRIVE PILOT does not relieve you of your responsibilities beyond the
dynamic driving task when using public roads.
# Remain receptive: Pay attention to information and messages;
take over control of the vehicle when requested to do so.
# Take over control of the vehicle if irregularities are detected
aside from the dynamic driving task.
# Always maintain a correct seating position and keep your seat
belt fastened. In particular, the steering wheel and pedals
must be within easy reach at all times.
# Always ensure you have a clear view, use windshield wipers
and the airconditioning system defrost function if necessary.
# Ensure appropriate correct lighting of the vehicle, e.g. in fog."
and then we come to
"When the DRIVE PILOT is active, you can use the driving time effectively, *taking into account the previous instructions*. The information and communication
systems integrated in the vehicle are particularly suitable for this purpose, and
are easily negotiated from the control elements on the steering wheel and on
the central display."
so you can fuck around but "taking into account the previous instructions" you still "must be ready to take control of the vehicle immediately."
And crash imminent kinda sounds like it'd fit here:
"SYSTEM LIMITS
If DRIVE PILOT detects a system limit or any of the conditions for activation
are not met, it will not be possible to activate the system or the fallback-ready user will be prompted to take control of the vehicle immediately."
The "take control" of "take control of the vehicle immediately." has a defined sequence of steps of "1. Keep your eyes on the roadway and gather your bearings. 2. Put your hands on the steering wheel. 3. Steer, brake or accelerate as needed, or press one of the two buttons." Only after this sequence is completed is drive pilot disabled: "The message DRIVE PILOT Off appears on the driver display."
It strains credulity to me that MB would try to argue that "gathering your bearings" is something that a user could be expected to do instantaneously, but either way its not really necessary to speculate. California regs require that the system satisfy SAE L3 which states "At Level 3, an ADS is capable of continuing to perform the DDT (Dynamic Driving Task) for at least several seconds after providing the
fallback-ready user with a request to intervene."
There is an exception which is what MB is referencing here: "Take over control of the vehicle if irregularities are detected aside from the dynamic driving task." from J3016: "For Level 3 ADS features, a human fallback-ready user (in-vehicle or remote) is expected to respond to a request to intervene or a kinesthetically apparent vehicle failure". Basically the ADS system is not required to maintain control for a handoff for non-ADS related failures along the lines of a tire blowout or a tie-rod failure.
