Legal consequences of an increase in vehicle automation : Consolidated final report of the project group ; Part 1
- The BASt-project group "Legal consequences of an increase in vehicle automation" has identified, defined and consequently compiled different automation degrees beyond Driver Assistance Systems. These are partial-, high- and full automation. According to German regulatory law, i.e. the German Road Traffic Code, it has been identified that the distinctive feature of different degrees of automation is the permanent attention of the driver to the task of driving as well as the constant availability of control over the vehicle. Partial automation meets these requirements. The absence of the driver- concentration to the traffic situation and to execute control is in conflict with the use of higher degrees of vehicle automation (i.e. high and full automation). Their use is therefore presently not compatible with German law, as the human driver would violate his obligations stipulated in the Road Traffic Code when fully relying on the degree of automation these systems would offer. As far as higher degrees of automation imply free-hand driving, further research in terms of behavioural psychology is required to determine whether this hinders the driver in the execution of permanent caution as required by sec. 1 para. 1 StVO (German Road Traffic Code). As far as liabilities according to the StVG (German Road Traffic Act) are concerned, the presently reversed burden of proof on the driver within sec. 18 para. 1 S. 2 StVG might no longer be considered adequate in case of higher degrees of automation that allow the driver to draw attention from the task of driving (in case making such use of a system would be permitted by the German Road Traffic Code). The liability of the vehicle "keeper", according to the German Road Traffic Act, would remain applicable to all defined degrees of automation. In case of partial automation, the use of systems according to their limits is accentuated. The range of use that remains within the intended must be defined closely and unmistakeably. Affecting user expectations properly can immensely help to maintain safe use, in case design-measures that exclude overreliance are not available according to the current state of the art (otherwise such measures would have to be applied primarily). In case of the higher degrees of automation that no longer require the driver- permanent attention (under the presupposition their use would be permitted by the German Road Traffic Code), every accident potentially bears the risk to cause product liability on the side of the manufacturer. Liability of the manufacturer might only be excluded in case of a breach of traffic rules by a third party or in case of overriding/ oversteering by the driver. In so far aspects of German procedural law and the burden of proof are of great importance. The project group has identified the need for further continuative research not only to advance legal assessment but also to improve basic technical conditions for vehicle automation as well as product reliability.
| URN: | urn:nbn:de:hbz:opus-bast-6891 |
|---|---|
| Dokumentart: | Arbeitspapier |
| Sprache: | Englisch |
| Datum der Veröffentlichung (online): | 19.12.2013 |
| Jahr der Erstveröffentlichung: | 2012 |
| Urhebende Körperschaft: | Bundesanstalt für Straßenwesen / Projektgruppe Rechtsfolgen zunehmender Fahrzeugautomatisierung |
| Datum der Freischaltung: | 19.12.2013 |
| Freies Schlagwort / Tag: | Automatisch; Deutschland; Fahrerassistenzsystem; Fahrzeugführung; Forschungsbericht; Gesetzgebung; Haftung (jur); Lenken (Fahrzeug); Mensch Maschine Verhältnis; Straßenverkehrsrecht Automatic; Driver assistance system; Driving (veh); Ergonomics; Germany; Legislation; Liability; Research report; Steering (process); Traffic regulations |
| Bemerkung: | The present translation of BASt-Report F83 (Part 1) into English language is intended solely as a convenience to the non-German-reading public. Any discrepancies or differencies that may arise in translation of the official German version are likely not accurate. In case of doubt, please refer to the original version in German language |
| Sonstige beteiligte Person: | Gasser, Tom M. |
| Institute: | Abteilung Fahrzeugtechnik / Abteilung Fahrzeugtechnik |
| DDC-Klassifikation: | 3 Sozialwissenschaften / 34 Recht / 340 Recht |
| collections: | BASt-Beiträge / ITRD Sachgebiete / 83 Unfall und Mensch |
| BASt-Beiträge / ITRD Sachgebiete / 91 Fahrzeugkonstruktion |
