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Your Tesla Isn’t the Driver. You Are.

A story out of Coquitlam recently made the rounds and if you drive a Tesla in BC, it’s worth paying attention to.

BC Highway Patrol ticketed a woman who appeared to be asleep at the wheel on Highway 1 during the morning rush hour. An officer pulled up alongside her Tesla and observed the driver with her eyes closed and arms crossed while the vehicle moved through rainy and slippery conditions. When police spoke to her, she said she had “zoned out” but insisted she was alert with her hands on the wheel. The RCMP say their dashcam footage tells a different story.

She was ticketed for speeding and driving without care, and police used the occasion to remind all drivers that they must be “fully awake, alert, focused, and in control” of their vehicle at all times.

This case is a useful reminder of something that gets lost in Tesla’s marketing: the name “Full Self-Driving” is aspirational, not descriptive. Under BC law you are always the driver.

What Tesla’s systems actually are

Tesla’s Autopilot and Full Self-Driving features are classified as Level 2 automation under the Society of Automotive Engineers scale. At Level 2, the vehicle can manage both steering and acceleration simultaneously under certain conditions, but the human driver must remain engaged and monitor the driving environment at all times. The car assists but does not replace you.

BC’s Motor Vehicle Act prohibits driving any Level 3, 4, or 5 automated vehicle on public roads. This means that highly automated self-driving features cannot be used, and vehicles capable of them cannot be driven on BC roads, unless enabled through a government-approved pilot project. Tesla’s systems fall below that threshold, which means they’re legal to use but that cuts both ways. They’re legal precisely because they still require a fully attentive human driver.

Note: Penalties for operating a prohibited Level 3 or higher vehicle range from a $368 fine and 3 driver penalty points up to a maximum fine of $2,000 and six months of imprisonment.

The tickets a Tesla driver can face

Turning on Autopilot does not suspend any of your obligations under the Motor Vehicle Act. The offences most commonly associated with over-reliance on driver assistance features include:

  • Driving without due care and attention: This is exactly what the Coquitlam driver was charged with. Under section 144(1)(a) of the MVA, every driver must exercise reasonable care. Closing your eyes, even for a moment, while a computer handles steering is not reasonable care by any standard.
  • Driving without reasonable consideration for others: A related provision, 144(1)(b) is typically applied where a driver’s inattention creates a hazard for other road users, even if an actual collision doesn’t occur.
  • Speeding: The Coquitlam driver was also ticketed for this. Autopilot and Traffic-Aware Cruise Control will maintain speed settings you configure and if you set those above the limit, or if the system’s speed doesn’t adjust appropriately for a change in signs or conditions, the ticket still lands with you.
  • Using an electronic device while driving: A surprising number of Tesla drivers will rely on the self-driving features of their vehicle while holding their phones and texting. The screen of their cell phone draws their attention and they fail to see the police officer in the lane beside them. 
  • Criminal dangerous operation or negligence: In serious cases, if a Tesla driver’s conduct behind a semi-autonomous system rises to a level of wanton disregard for the safety of others, criminal charges under the Criminal Code are possible. This is the high end of the spectrum, but it exists.

What this means for you

If you’re a Tesla driver in BC, the practical message is that your car’s driver assistance features are tools, and not intended as substitutes. They cannot take responsibility for what happens on the road. That responsibility remains yours regardless of which features you’ve activated.

The Coquitlam case ended with a ticket and a fine. It could easily have ended with a collision, serious injuries, and criminal charges. 

If you’ve been charged with a driving offence involving a Tesla or another vehicle with driver assistance features, we can help. These cases are more nuanced than they appear, and the consequences of getting them wrong are serious.

Don’t Let a Technology Misunderstanding Cost You Your Licence

A single ticket for driving without due care can result in heavy fines, penalty points, and significant ICBC premiums. If you have been ticketed while using Autopilot or Full Self-Driving, you need a defence that understands both the law and the technology.

Contact BC Driving Lawyers to protect your driving record: 604-608-1200