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With the present brake signal pattern the traffic behind only receives the information that the brakes are applied, however, the drivers have no information about the intensity of the braking maneuver. In this report it is examined on the basis of a study of the literature, how the rear signal pattern could be optimized for a special representation of emergency braking maneuvers. In principle there are two suitable possibilities to reduce the driver reaction time: - An increase in the area and luminance of the brake lights intuitively provide the drivers following with an impression of approaching the vehicle in front , - Flashing lights are particularly suited to attract the attention of the driver following to the deceleration of the vehicle ahead , - The following advancement is recommended as an optimization of the rear signal pattern: When the brake assistant or ABS actuates or at a vehicle deceleration rate greater than 7 m/s-², the emergency braking maneuver is signaled by flashing of the third high-mounted brake light at a rate of 3-5 Hz. As an option, the area and luminance of the two lower brake lights could be increased in addition. These measures require changes to ECE Regulations No. 7 and No. 48 as well as to the Vienna Convention. The purpose of the described solution is to reduce the number or severity of rear-end accidents.
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.