Cars With No Steering Wheel Are Coming. Is Florida Ready?
Imagine sitting in a car with no steering wheel, no brake pedal, no gas pedal, and no mirrors. Now imagine that car is driving you through Orlando traffic on I-4. That scenario is no longer science fiction. NHTSA just removed the requirement that cars have steering wheels and pedals, and Florida's laws already allow fully driverless vehicles on public roads. But here's the question nobody in Tallahassee seems to be asking: when that car runs a red light, who gets the ticket?
What NHTSA Changed: No More Steering Wheels Required
In 2025, the U.S. Department of Transportation made a series of sweeping changes to federal motor vehicle safety rules. Transportation Secretary Sean Duffy announced three major rule changes aimed at modernizing the Federal Motor Vehicle Safety Standards (FMVSS) for vehicles equipped with automated driving systems.
The bottom line: manufacturers can now build and sell cars that have no steering wheel, no pedals, and no mirrors. Here's what changed:
- Streamlined exemption process: Manufacturers can now build up to 2,500 vehicles per year without traditional driver controls. The approval process has been cut from years to months.
- FMVSS updates: Rules governing transmission controls (FMVSS 102), windshield systems (FMVSS 103/104), and lighting equipment (FMVSS 108) are being rewritten to accommodate vehicles that assume no human driver.
- Occupant protection standards: Vehicles without steering wheels must still meet the same crash safety standards as traditional vehicles. The engineering changes, but the safety bar stays the same.
What This Means in Plain English
Until now, federal safety rules assumed every car had a human driver with a steering wheel and brake pedal. Those rules made it nearly impossible to build a car without them. NHTSA has removed that assumption. Companies like Waymo, Cruise, and Zoox can now design vehicles from the ground up as fully autonomous machines, not retrofitted human-driven cars with a computer bolted on.
Florida Already Said Yes to Driverless Cars
While NHTSA is just now catching up, Florida has been one of the most permissive states in the country for autonomous vehicles since 2019. The Florida Legislature passed laws that essentially rolled out the red carpet for self-driving cars.
Here's what Florida law currently says:
F.S. 316.85 - Autonomous Vehicles
Key provisions:
- No human operator required: "A licensed human operator is not required to operate a fully autonomous vehicle, and a fully autonomous vehicle may operate in this state regardless of whether a human operator is physically present in the vehicle."
- The software is the "operator": "The automated driving system, when engaged, shall be deemed to be the operator of an autonomous vehicle, regardless of whether a person is physically present in the vehicle."
- Teleoperation allowed: An autonomous vehicle with a remote monitoring system can operate with no one inside the vehicle at all.
- No local government interference: Cities and counties cannot impose special taxes, fees, or requirements on autonomous vehicles.
F.S. 319.145 adds the registration and safety framework: autonomous vehicles must comply with applicable federal motor vehicle safety standards (FMVSS) and must be capable of achieving a "minimal risk condition" (essentially, pulling over and stopping safely) if the automated driving system fails. For autonomous vehicles operating as ride-hailing networks, F.S. 316.85(4) requires compliance with the insurance standards in F.S. 627.749, which sets significantly higher coverage requirements than the minimums for human-driven personal vehicles.
Waymo has already announced plans to launch autonomous ride-hailing in Miami by 2026. When those vehicles hit Florida roads, they may not have a single person inside.
It's Already Here: Miami-Dade's Self-Driving Patrol Car
If you think driverless vehicles on Florida roads are a future problem, think again. The Miami-Dade Sheriff's Office is already testing the nation's first self-driving police patrol car.
The vehicle, nicknamed "PUG" (Police Unmanned Ground), is an autonomous SUV equipped with 360-degree cameras, license plate recognition technology, a deployable drone, and real-time integration with law enforcement databases. It can patrol neighborhoods on predetermined routes, respond to crash scenes with thermal imaging, and log as many uninterrupted patrol hours as roughly 20 deputies.
What "PUG" Can Do
- Autonomous patrol: Drives itself on predetermined routes through neighborhoods
- License plate scanning: Automated LPR reads plates and checks databases in real time
- Drone deployment: Can launch a drone for aerial surveillance during incidents
- Thermal imaging: Provides crash scene support tools
- No fatigue: Can patrol continuously without shift changes
For now, a deputy rides in the passenger seat during a year-long pilot program. The vehicle was donated by the Policing Lab, a non-profit, and the sheriff's office used no taxpayer dollars to acquire it. PUG won't be used in police chases and is speed-limited, with no highway capability.
But here's the irony that should make every Florida driver pay attention: the same state that hasn't figured out who gets the ticket when a driverless car runs a red light is already putting driverless cars in police fleets. Florida is deploying autonomous technology to enforce the very laws that don't yet account for autonomous technology.
The Fourth Amendment Question
An autonomous patrol car that scans every license plate on its route, runs them through law enforcement databases, and deploys drone surveillance raises significant constitutional questions. When a human officer observes something in plain view during a routine patrol, that's established law. But when an AI system is systematically scanning, recording, and analyzing everything on public roads 24/7 without fatigue or distraction, is that still a "routine patrol" or is it mass surveillance? Florida courts haven't addressed this yet.
The Criminal Law Problem Nobody Is Talking About
Here's where it gets interesting from a criminal defense perspective. Florida's traffic and criminal laws were written for human drivers. The autonomous vehicle statute says the software is the "operator," but Florida's criminal code requires something the software doesn't have: criminal intent.
Who Gets the DUI?
Florida's DUI statute (F.S. 316.193) makes it unlawful for a person to drive or be in actual physical control of a vehicle while under the influence. If a fully autonomous vehicle with no steering wheel is driving itself down Orange Blossom Trail, and a drunk passenger is sitting in the back seat watching Netflix, is that passenger in "actual physical control" of the vehicle?
Under current law, the answer is almost certainly no. The passenger has no steering wheel to grab, no brake pedal to press, and no ability to control the vehicle. The automated driving system is the operator. But here's the problem: you can't arrest software for DUI.
The "Actual Physical Control" Question
Florida courts have historically defined "actual physical control" by looking at whether a person had the capability to operate the vehicle. In traditional cars, factors include: Was the person in the driver's seat? Were the keys in the ignition? Was the engine running? In a vehicle with no steering wheel and no pedals, every one of those factors disappears. There is no driver's seat. There are no keys. There is no way for a human to "control" the vehicle. This creates a gap in the law that hasn't been tested in Florida courts.
Who Gets the Traffic Ticket?
This isn't hypothetical. In California, police watched a Waymo vehicle make an illegal U-turn, but couldn't figure out who to cite. There was no driver to hand a ticket to. The vehicle drove itself, committed a traffic infraction, and no one was held accountable.
Florida's traffic code assigns violations to the "operator" of the vehicle. Since F.S. 316.85 defines the automated driving system as the operator, technically the ticket should go to the software. But software can't appear in court, can't pay fines through the clerk's office, and can't receive points on a license it doesn't have.
- Speeding (F.S. 316.183): If a driverless car exceeds the speed limit, the "operator" is the software. No human to cite.
- Running a red light (F.S. 316.075): Same problem. The automated driving system made the decision to proceed.
- Leaving the scene of a crash (F.S. 316.061): If an autonomous vehicle is involved in a collision and drives away, who committed the hit-and-run?
- Reckless driving (F.S. 316.192): Requires "willful or wanton disregard" for safety. Can software act willfully?
The Liability Shift
What Florida's law does accomplish is a clear liability shift. When an autonomous vehicle causes damage, the responsibility moves from the human driver to:
- The vehicle manufacturer (product liability for software defects)
- The fleet operator (Waymo, Cruise, etc., as the entity deploying the vehicle)
- The vehicle owner (under Florida's dangerous instrumentality doctrine)
This works reasonably well for civil claims and insurance payouts. But criminal law is a different animal. You can sue a corporation for damages. You can't send a corporation to jail for vehicular homicide.
What Florida Needs to Figure Out
Florida was forward-thinking in allowing autonomous vehicles on its roads. But the criminal and traffic code hasn't kept pace with the technology. Several questions remain unanswered:
- Criminal accountability framework: Who faces charges when an autonomous vehicle causes a fatal crash? The remote teleoperator? The company's CEO? The software engineer who wrote the code?
- Traffic enforcement mechanism: How do officers issue citations to vehicles with no human inside? Should tickets go directly to the fleet operator's registered agent?
- DUI in the age of autonomy: Should Florida update its DUI statute to address passengers in fully autonomous vehicles who are intoxicated but have no control over the vehicle?
- Evidence collection: Autonomous vehicles generate massive amounts of data (sensor logs, decision records, camera feeds). What are the rules for law enforcement accessing that data after an incident?
- Insurance adequacy: The $1 million minimum may sound high, but a multi-vehicle crash on I-4 with serious injuries could easily exceed that.
The Orlando Factor
Orlando and Central Florida present unique challenges for autonomous vehicles. I-4 has consistently ranked among the most dangerous highways in the country. Tourist traffic creates unpredictable patterns. Afternoon thunderstorms reduce visibility dramatically. Construction zones shift daily. These conditions will test autonomous driving systems in ways that the controlled streets of San Francisco and Phoenix haven't. When (not if) a serious incident occurs involving a driverless vehicle in Central Florida, the legal questions outlined above will demand answers.
What This Means for You Right Now
Fully driverless vehicles without steering wheels aren't on Orlando roads yet, but the legal and regulatory framework is already in place for them to arrive. Here's what matters to you today:
- If you're involved in a crash with an autonomous vehicle: The legal landscape is complex. Florida's dangerous instrumentality doctrine means the vehicle owner or fleet operator carries liability, but proving fault requires access to the vehicle's data logs, not just a police report.
- If you're a passenger in an autonomous vehicle: Your legal status as a "passenger" versus "operator" may not be as clear as you think, especially in vehicles that still have some manual controls.
- If you're charged with DUI in any vehicle: The distinction between "actual physical control" and passive riding is a defense argument that's about to get a lot more complicated, and potentially more favorable to defendants, as autonomous technology blurs the line. Understanding your rights during any traffic stop remains essential.
The technology is moving faster than the law. That gap creates both risk and opportunity. As a criminal defense attorney and former law enforcement officer, I'm watching this space closely because the cases are coming, and the attorneys who understand both the technology and the criminal code will be the ones who can actually defend their clients.
Facing Criminal or Traffic Charges in Orlando?
Whether your case involves cutting-edge technology or a routine traffic stop, the fundamentals of criminal defense remain the same: challenge the evidence, protect your rights, and hold the government to its burden of proof. If you've been charged with DUI, traffic offenses, or any criminal matter in Central Florida, call for a free consultation.
Contact Lotter Law at 407-500-7000. Former law enforcement. Aggressive defense. Available 24/7.
Jeff Lotter
Criminal Defense Attorney | Former State Trooper
Jeff Lotter is an Orlando criminal defense attorney and former Florida Highway Patrol trooper. He uses his law enforcement background to build stronger defenses for clients facing DUI and criminal charges in Central Florida.
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