A recent incident involving a Tesla driver, who police say appeared to be asleep at the wheel, has renewed questions about how self-driving technology is being used and regulated in B.C.

It happened on Highway 1 in Coquitlam during rainy, rush-hour traffic, prompting B.C. Highway Patrol to remind drivers to remain attentive, even in an autonomous vehicle.

In the meantime, California-based Waymo, which operates a fully autonomous taxi service, has been lobbying the B.C. government to change regulations to allow it to expand into the province.

While such technology is already in use in other parts of the world and has been tested elsewhere in Canada, experts say that in B.C., the rules around self-driving cars and public understanding of them are still catching up.

Are self-driving cars legal in B.C.?

Fully autonomous vehicles are not allowed in the province.

According to the Society of Automative Engineers (SAE) classification, which B.C. recognizes, there are six levels of vehicle automation ranging from 0 to 5. 

Level 0 has no automation, while levels 1 and 2 have driver-assisted technology, which are popular features found in many new cars like automatic braking and lane assist.

Amendments to the Motor Vehicle Act that came into effect in April 2024 prohibit driving Level 3 or higher automated vehicles, which don’t require a person to drive the car at all.

Penalties can range from a $368 fine to as much as $2,000 and up to six months in jail.

Transport Canada regulates which vehicles can be imported and sold, and according to B.C.’s Ministry of Transportation and Transit, Level 3 or higher vehicles are not available for public use unless a specific federal exemption is granted. 

What do we mean by ‘self-driving’?

Despite the term “self-driving” being used to describe some vehicles in B.C., most are not truly self-driving.

Alex Bigazzi, an associate professor of civil engineering at the University of British Columbia, says part of the confusion comes from how automakers describe the technology.

“In particular Tesla, but also some of the other manufacturers, they tend to use terms like ‘autopilot’ or ‘self-driving’ to describe their driver assistance technology, which leads to confusion,” he said. 

Bigazzi said clearer labelling from automakers about what their systems can and can’t do could help the public better understand the features in their vehicles.

“It’s also the responsibility of the province to lay them out … and drivers to be informed of what they are,” he said.

Why is Waymo trying to come to B.C.?

Waymo’s self-driving taxis – typically classified as Level 4 – have been expanding across the United States and the company is now looking to grow internationally.

According to B.C.’s Office of the Registrar of Lobbyists, the company has held dozens of meetings with provincial officials since last year, offering input on how autonomous vehicles could be regulated.

In a statement, Waymo said it is “engaging with officials across Canada” to advocate for legal frameworks that would allow it to eventually operate here.

It says its vehicles are involved in significantly fewer crashes compared to human drivers in areas where they operate.

B.C.’s Transportation Ministry says Waymo has been in touch but said “there are federal requirements that the company must achieve and it has not obtained this federal exemption.”

Are self-driving vehicles safer?

Bigazzi said there is growing evidence that automated systems could improve safety in many routine driving situations, as human error is a major cause of crashes.

“Over time we’re going to see the machines get better and better at driving,” he said.

However, he cautioned that the technology still struggles in certain conditions including poor weather and unexpected situations like construction or sudden hazards.

Waymo is also not immune to problems. The company issued a recall earlier this month over its cars driving past stopped school buses. Media reports also show a Waymo car previously drove through a police standoff in Los Angeles, while another ran over a beloved neighbourhood cat in San Francisco.

What would it look like on the road?

Adding Waymo’s self-driving vehicles to B.C.’s roads would result in more congestion, says Denis Agar, executive director of the advocacy group Movement.

“Waymo’s cost to operate is actually much lower because they don’t have to pay a driver,” he said. “When the price of something goes down, people just consume way more of it.”

The transit advocate says the model could encourage vehicles to remain in motion rather than park, for example, so the self-driving cars could simply be circling blocks while waiting for passengers.

“That’s an imbalance that will cost us billions in congestion,” he said. 

To address that, Agar is calling for policies such as fees on autonomous vehicles with revenue directed toward public transit and infrastructure.

“It’s going to lead to a huge increase in driving if we don’t implement some kind of user fee,” he said.

What happens next in B.C.?

While fully autonomous vehicles are currently prohibited, B.C. says they could be allowed in the future, either by provincial regulation or through a pilot project.

The province says it’s actively monitoring advances in automated driving technology, including developments in other jurisdictions.

At this time though the ministry says it’s not pursuing an autonomous vehicle pilot project, and Waymo has not requested one.

Bigazzi said a gradual rollout, starting with limited testing in controlled environments, would be the most responsible path forward.