Description
As is well-known, automated driving poses a challenge for existing road traffic law. Similar challenges arise in relation to unmanned aircraft, automated sailing and automatic train operation. The driver, pilot, helmsman and train driver are being substituted by a combination of hardware and AI-driven software that is placing the human ‘out-of-the-loop’. As a consequence, across the different modalities (road, air, maritime and rail), questions on responsibility and liability arise.Simultaneously, new mobility concepts are being developed to meet demand in mobility. Whereas flying taxis and trackless trams can offer great benefits, from an easier commute to faster transport of medications between hospitals, they also offer challenges as these vehicles generally do not meet the requirements of a specific modality. Is, from a legal perspective, a tram that does not use rails still a tram or train, or is it an oversized bus?
This contribution is proposing a new, holistic view on the questions relating to traffic law matters that arise form both the development of automated vehicles and the development of new vehicles. Instead of taking a modality-specific approach, in which al questions are only addressed within the silo of that specific modality, a cross-modal or modality-neutral traffic law framework is explored.
This framework would consist of two main building blocks: one building block on modality-neutral technical requirements plus rules on liability in relation to traffic rules and one building block on modality-specific rules. The latter will be, even in an approach that aims to look beyond the specific modalities, indispensable. After all, a traffic rule requiring vehicles to keep to their lane is important in road traffic, but is useless in air traffic. It is in the other building block that both challenges and solutions lie. This building block would lay down general technical requirements across all modalities. It would include rules on cybersecurity, data governance and transparency, similar to Chapter 2 of Title 3 of the proposed EU AI Act. Hereby, a base level of safety in all vehicles would be guaranteed – from flying taxi, trackless tram to conventional car and sailing yacht. Moreover, this building block would address the liability for – for lack of a better word – conduct that is (not) in conformity with traffic rules. If an automated car, for instance, breaks the speed limit or runs a red light, who will receive the fine or other punishment for this action? A modality-neural approach in this matter would offer legal certainty for all parties involved: manufacturers of vehicles, users and operators alike. It is, however, not easy to find a perfect solution for this. Therefore, this contribution will explore a few options, including vicarious liability and the introduction of new entities (such as the ‘authorised self-driving entity’ as mentioned in the UK Automated Vehicles Bill), and call for a discussion on this matter. That way, a path to a new traffic law framework for future mobility will take shape.
| Period | 19-Apr-2024 |
|---|---|
| Event title | BILETA annual conference 2024: Digital and Green: Twin Transitions? |
| Event type | Conference |
| Location | Dublin, IrelandShow on map |
| Degree of Recognition | International |