Going driverless:the legal consequences of making the human driver redundant

Automated driving is getting increasingly more attention. More and more cars are equipped with self-driving features and fully automated driving is getting closer to reality by the day. Trials with self-driving vehicles are currently taking place across the globe. However, before handing over control to the automated vehicle, there are challenges to overcome. These are not only technical challenges but also legal challenges. Although the driver becomes redundant from a technical perspective, from a legal perspective this is not the case. Laws will have to be adjusted to accommodate this new technology. This paper will give a short overview of the legal challenges ahead, especially the challenges regarding technical regulations, traffic laws and liability

Automated driving and its challenges to international traffic law:which way to go?

As more and more automated vehicles are being tested on public roads, it becomes necessary to address the challenges that this technological development poses to law. One of those challenges is the central concept of driver in international traffic laws, notably the Geneva Convention on road traffic of 1949 and the Vienna Convention on road traffic of 1968, these Conventions forming the base of many national traffic laws. In this article, it will be argued that an automated vehicle does not have a driver within the meaning of the Conventions. Four different approaches on how to revise the Conventions will be discussed. A comparison of the approaches will bring out the (dis)advantages of each approach and will lead to the recommendation of one of the approaches

Exploring data protection challenges of automated driving

With the increase in automation of vehicles and the rise of driver monitoring systems in those vehicles, data protection becomes more relevant for the automotive sector. Monitoring systems could contribute to road safety by, for instance, warning the driver if he is dozing off. However, keeping such a close eye on the user of the vehicle has legal implications. Within the European Union, the data gathered through the monitoring system, and the automated vehicle as a whole, will have to be collected and processed in conformity with the General Data Protection Regulation. By means of a use case, the different types of data collected by the automated vehicle, including health data, and the different requirements applicable to the collecting and processing of those types of data are explored. A three-step approach to ensuring data protection in automated vehicles is discussed. In addition, the possibilities to ensure data protection at a European level via the (type-) approval requirements will be explored

Automated Decision-making in Automated Driving:Striking a Balance between Individual Autonomy and General Road Safety

In an attempt to increase road safety, car manufacturers turn their attention to the interior of the vehicle. If the driver falls asleep, or is intoxicated, this will be picked up by sensors and cameras inside the vehicle. If it is deemed unsafe for the driver to continue the trip, the vehicle will pull over and bring itself to a stop so as to prevent endangering other road users. This automated decision-making process is not only affecting the autonomy of the driver, it is also challenging law as it gives rise to many legal and ethical questions.When does the autonomy of the individual and its right to data protection weigh heavier than the public interest of road safety? This research aims to answer that question and fill the existing gap in legal literature