Vehicle Automation: Definitions, legal aspects, research needs UNECE-Workshop: Towards a new transportation culture: technology innovations for safe, efficient and sustainable mobility 17 – 18 November 2014, Brussels
Tom M. Gasser German Federal Highway Research Institute
Report of the BASt-Expert-group: BASt-Report „F83“: „Legal consequences of an increase in vehicle automation: Consolidated final report of the project group“
Download (engl. Version, Part 1): http://bast.opus.hbz-nrw.de/volltexte/2013/723/pdf/Legal_consequences_of_an_increase_in_vehicle_automation.pdf
Tom M. Gasser
17th Nov. 2014
slide No. 2
Three operation mechanisms
Operation type A:
Operation type B:
Operation type C:
Informing and warning functions
Continuously automating functions
Intervening emergency functions (nearaccident situations)
Take only indirect influence on vehicle control via the driver
Take immediate control over the vehicle. Division of tasks between the human driver and the function (usually convenience functions – control always remains overrideable)
Take immediate control over the vehicle in near-accident situations that de facto cannot be controlled/handled by the driver (usually safety functions)
Popular examples (today):
Popular examples (today):
• Traffic sign recognition (display of current speed limit) • Lane departure warning (e.g. Vibration on the steering)
• Adaptive cruise control (ACC) • Lane keep assist (via steering interventions)
Popular examples (today): • Automatic emergency braking (system triggered)
Tom M. Gasser
17th Nov. 2014
slide No. 3
Definitions/BASt-project group: Degrees of continuous vehicle automation Autonomous / driverless vehicles?
4
Full automation: The system takes over longitudinal and lateral control completely and permanently. In case of a take-over request the driver does not respond to, the system will return to the minimal risk condition by itself.
3
High automation: The system takes over longitudinal and lateral control; the driver is no longer required to permanently monitor the system. In case of a take-over request, the driver must take-over control within a lead time.
2
Partial automation: The system takes over longitudinal and lateral control, the driver shall permanently monitor the system and shall be prepared to take over control at any time.
1
Driver Assistance: The driver permanently controls either longitudinal or lateral control. The other task can be automated to a certain extent by the assistance system.
0
Driver Only: Human driver executes the driving task manually Tom M. Gasser
17th Nov. 2014
rise in degree of automation
5
slide No. 4
‌is now common understanding: SAE-International Standard J3016
http://cyberlaw.stanford.edu/blog/2013/12/sae Source: http://cyberlaw.stanford.edu/blog/2013/12/sae-levels-driving-automation
Challenge: Level 3 automation
! Folie Nr. 7
Legal evaluation: Consistency with Regulatory Law Regulatory Law = National Road Traffic Codes Addressee is the (human) driver, drivers’ Duties: Source: SARTRE-Project (press release)
National Road Traffic Codes
Vienna Convention
Source: DVR
Drivers’ obligation is to permanently: – monitor surrounding traffic and status of the vehicle – readiness to override/ oversteer in case system control seems inadequate Tom M. Gasser
17th Nov. 2014
slide No. 8
Legal evaluation: Liability in Road Traffic (for Germany)
Source: Creative Commons licence/ Patrick Duletzki via Wikipedia
Road Traffic Liabilities (according to German Law): o Liability of the vehicle „keeper“: unaltered o Insurances will be jointly and severally liable with the „keeper“: unaltered o Liability of the driver: Restricted to fault no longer applicable in case of highly and fully automated vehicle operation
Tom M. Gasser
17th Nov. 2014
slide No. 9
Legal evaluation: Product Liability partial automation: o „Defectiveness“: Decisive are user instructions o Risk of the manufacturer: Is it possible to sufficiently differentiate between: reasonably foreseeable misuse system abuse? Source: EU-Project HAVE-it
Additionally for high and full automation: Damages during highly and fully automated operation mode lead to manufacturers’ liability (in case the accident is not solely caused by ill-driving on the side of a third party or an override by the driver).
Tom M. Gasser
17th Nov. 2014
Source: SARTRE-Project (press release)
slide No. 10
Research clusters Cluster: Human –Machine-Interaction Situation awareness Transitions in critical driving situations/ at system limits (…)
Cluster: Societal aspects • e.g. Acceptance of the combined automation risk • (…)
Cluster: Funktion development, safety, testing • e.g. New approaches needed? • (...)
Cluster: Infrastructure and Traffic • Need in respect of Traffic Information (e.g. „reliable information“) • Infrastructural needs • (...) Tom Michael Gasser
17th Nov. 2014
slide No. 11
Federal Highway Research Institute
Tom Michael Gasser Co-operative Traffic and Driver Assistance Systems
BrĂźderstraĂ&#x;e 53 D-51427 Bergisch Gladbach Phone + 49 (0)2204 43 646 Fax + 49 (0)2204 43 676 gasser@bast.de
German Federal Highway Research Institute