Legal Regulation Problems by using Highly Automated Vehicles

R. R. Magizov

, L. M. Gabsalikhova

, T. A. Nikolaev

and V. G. Mavrin

Kazan Federal University, Suyumbike Avenue, 10A, Naberezhnue Chelny, Russia

Keywords: Highly Automated Vehicles, Legal Regulation.

Abstract: The application of new technologies in the design of modern cars has gradually led to the automation of

various control processes. Today, the legal systems of different countries are faced with the problem of

regulating the use of highly automated road transport. Such a vehicle may fulfill part of the functions of the

driver or even, potentially, replace it completely. Different approaches to the problem of regulation give rise

to different solutions. The presented article is devoted to the problems of legal regulation of the operation of

highly automated cars. The problems of terminology are touched on, approaches to legal regulation in this

area in different states are described. It is concluded that currently in Russia the legal basis for the use of

unmanned vehicles has not yet been fully formed and there are a number of issues that need to be regulated.

Based on the study, the author formulates proposals for amendments and additions to the legislation of the

Russian Federation related to the operation of highly automated cars.

1 INTRODUCTION

The main trend in the development of the economy

and society, which is currently associated with the

rational and rational management and development of

all areas of activity, including the automotive

industry, is intellectualization. The high level of

motorization and globalization of the markets force

automakers to search for new solutions and to

constantly improve both the design of the car and the

production technology. The automotive industry is

undergoing significant changes: the largest car

manufacturers, together with IT developers, are

moving towards the creation of vehicles with the

possibility of fully autonomous driving.

Automation and digitalization are actively

entering our lives; changes are caused by the

introduction of many technological innovations used

in various industries. Innovative developments of a

modern navigation system for the autopilot of mobile

ground objects can find application both in the

military and civil sectors of our country - in freight

and passenger transportation by rail and road.

https://orcid.org/0000-0001-7918-0371

https://orcid.org/0000-0003-3325-3285

https://orcid.org/0000-0002-5410-2278

https://orcid.org/0000-0001-6681-5489

In 2014, during the beginning of the development

of “automation of driving systems”, the International

Society of Automotive Engineers (SAE) published

the concept of “level of autonomy”. SAE standards

have been set and accepted for use by state regulatory

authorities, world leaders in car manufacturers,

engineers, and investors. The standards describe six

levels of automation.

In September 2016, the National Highway Traffic

Safety Administration (NHTSA) established its

formal classification system - the SAE standard. The

distribution of the six “levels of autonomy” is as

follows: the “0” level is supposed to include a car that

is under the complete control and constant control of

a person, and the “5” level will mark absolutely well-

functioning automation. The introduced concept of

“autonomous driving” allows the vehicle to

comfortably, and most importantly, safely move

along public roads without human intervention, and

thanks to self-driving technologies implemented in

the car: an on-board computer and system sensors,

with which it is possible to control the car instead of

the driver in certain conditions.

Magizov, R., Gabsalikhova, L., Nikolaev, T. and Mavrin, V.

Legal Regulation Problems by using Highly Automated Vehicles.

DOI: 10.5220/0009825305990605

In Proceedings of the 6th International Conference on Vehicle Technology and Intelligent Transport Systems (VEHITS 2020), pages 599-605

ISBN: 978-989-758-419-0

599

Figure 1: Autonomous vehicle market dynamics by automation levels.

The process of digitalization and automation

today affects almost all countries of the world. At the

same time, each country determines its development

priorities. To assess the readiness of countries for the

emergence and implementation of autonomous

vehicles, KPMG International has been conducting

research since 2018. According to studies by the

Netherlands, Singapore and Norway, the United

States is on the top line. Russia is located in 22 of the

25 countries studied. The Netherlands is actively

collaborating with neighboring countries on a project

to introduce unmanned technology in the freight

segment. Authorities are adopting new laws to

address safety issues and legal regulation of the

autonomous vehicle market. The law governing the

experimental use of autonomous unmanned vehicles

(Nieuwe wet maakt…, 2017) was approved by the

House of Representatives of the Netherlands in April

2018 and finally approved by the country's Senate in

September 2018.

Of course, the lack of proper legal regulation of

the operation of unmanned vehicles can negate all its

advantages. As for Russia, unfortunately, despite the

limited timelines for introducing autonomous

transport, our country has made less progress than

others in developing legislation in the field of

unmanned vehicle operation. At the moment, the

scope of unmanned transport is regulated exclusively

by bylaws. There is no regulation at the legislative

level, as a result, uncertainties and contradictions

remain, which are a barrier to the further development

and implementation of technology. Legislative issues

are today one of the key obstacles to an effective

solution to the problem of creating unmanned

vehicles, both in Russia and around the world.

2 THE SOCIAL FACTORS ROLE

BY TRANSITION TO

AUTONOMOUS VEHICLES

Assessing possible changes in the transport system

during the transition to autonomous cars, analysts

evaluated, first of all, the opportunities that the

economy and society receive. This is first of all:

- the liberation of man from the routine task of

driving vehicles;

- reduction in the number of emergencies due to

the human factor. Perhaps this is an overly optimistic

forecast, since autopilot robots will make their

mistakes typical of robots;

- improving the economy of vehicle use due to

fuel economy, the possibility of round-the-clock use

of technology, autonomous vehicles consume less

fuel compared to vehicles with a driver, which helps

to reduce harmful emissions in exhaust gases

(Kouchak, M., Gaffar, A., 2017). The results of the

iMLTrans 2020 - Special Session on Intelligent Mobility, Logistics and Transport

600

study (Pourabdollah M. et.al., 2017) show that semi-

autonomous vehicles can reduce average fuel

consumption by up to 5.3% depending on the driving

situation and speed.

However, in most cases, positive effects have a

downside. Thus, the benefit can lead to losses: for

example, the most obvious fact is that by removing

the “human factor” from the car control system, we

create social tension by reducing the number of

people involved in the transportation of drivers. In

addition, the advantage, designated as “the ability to

do some business during the trip”, according to

doctors, can lead to an increase in ailments due to

motion sickness. To avoid this, technical solutions

that can be expensive are needed (Vine, S.L. et.al.,

2015)

Consumers still have mixed feelings about

autonomous vehicles. A HNTB survey (Autonomous

vehicle knowledge…, 2019) showed that among all

respondents, the vast majority (91%) believe that

autonomous vehicles should have a person on board

who can cancel automation in an emergency.

Confidentiality issues related to data obtained from

autonomous vehicles were identified by 63% of

respondents.

The safety of the vehicles themselves and data

security are highly valued by consumers, people need

confidence that the technology is trustworthy.

The article (Bisht, M. et.al, 2017) provides a

critical analysis of the modern social dilemma of

autonomous vehicles. The article raises questions

regarding their impact on our society and, in turn, the

impact of society on these funds. When a person

controls a vehicle, he feels comfortable in driving

these tech cars. The control problem also covers

problems arising from the possibility of hacking cars,

which is associated with security.

The introduction of autonomous vehicles is

fraught with a number of problems that need to be

addressed, and these are, first of all, the issues of

optimal cost, social tension, safety, legislative

regulation so that people can be sure of these vehicles

and that they are protected (Makarova et al., 2019).

3 FACTORS, THAT LIMIT TO

AUTONOMOUS VEHICLES

LEGAL REGULATION

The introduction of autonomous vehicles affects not

only the road transport sector. Definitely, the

consequences will affect the sphere of legislation,

insurance and other related industries related to the

functioning of autonomous vehicles.

Among the main problems of the legal regulation

of autonomous vehicles, the absence of a unified

terminology in Russia can be distinguished. To

describe the same vehicles with the functions of

automating the control process, quite different terms

are often used: autonomous vehicles, unmanned

vehicles, connected vehicles, transport robots, etc.

Legislative documents should take into account

the vehicles autonomy levels, since this determines

the person's participating possibility in driving and,

accordingly, his responsibility.

The lack of a common terminology is the main

obstacle in the process of legal regulation that hinders

the use of autonomous transport.

There is no doubt that in order to avoid the

uncontrolled consequences of the widespread

introduction of such funds in our lives, it is necessary

to develop appropriate legislation. Of particular

importance is the regulation of artificial intelligence

systems used in transport.

In addition, for the successful development of the

direction of unmanned transport technologies in the

near future it is necessary to solve the issues of

admitting cars with the autopilot function to public

roads, and also to determine the responsibility for

possible accidents involving them.

A number of countries have already made an

attempt to legislatively regulate issues related to the

production of highly automated and unmanned

vehicles, their operation and liability for damage. So,

at the National Conference of Commissioners for the

Unification of the Law of the United States on

October 26 - 28, 2018, a draft Act on Highly

Automated Vehicles was developed. The draft Act

introduces significant changes to the sections on the

registration of automated vehicles and automated

driving operators. Also in the United States, the

Automated Driving Systems Safety Concept 2.0 Act

is in force (Automated Driving Systems 2.0…, 2017),

which defines 12 safety criteria for the operation of

highly automated cars. At present, these provisions

are advisory, but there is no doubt that legislative

reinforcement of such criteria is required.

In Canada, new rules have been adopted for

unmanned aerial vehicles. These rules are

amendments to the applicable legal regulation for

remotely controlled aircraft in Canada. The rules

were developed by the Department of Transportation

of Canada and relate to unmanned aerial vehicles

(UAVs), which weigh from 250 g to 25 kg and are

controlled within the direct line of sight of the pilot

(Antonova N.V. et.al, 2019).

Legal Regulation Problems by using Highly Automated Vehicles

601

Regarding unmanned aerial vehicles, legislative

changes have occurred in Russia. So, on March 30,

2016, Law No. 462-FZ “On Amendments to the Air

Code of the Russian Federation regarding the use of

unmanned aircraft” (On Amendments…, 2016)

entered into force in the text of the Law the concept

of “unmanned aircraft system”, "unmanned aerial

vehicle". According to paragraphs 5 - 6 of Art. 32 of

the Air Code of the Russian Federation of March 19,

1997 No. 60- FL the definition of “unmanned

aircraft” is fixed (Air Code of the Russian

Federation…, 1997).

Of interest is the experience of the European

Union (EU), where a roadmap is being developed for

the deployment of vehicles with a high degree of

automation in the EU. The GEAR2030 roadmap

(competitive and sustainable growth of the European

Union's automotive industry until 2030) focuses on

three areas: adapting the production chain to new

global challenges; automated and related vehicles;

trade, international harmonization and global

competitiveness (Gaysin S.V. et.al, 2017)

Belgium already has a Code of Practice for

Testing Unmanned Vehicles (Autonomous vehicles.

Code…, 2016), which defines the concept of an

automated vehicle and enshrines the concept of a

fully automated vehicle. Germany adopted the

Unmanned Vehicles Act of June 20, 2017.

Russia was no exception. Manufacturers for a

long time had problems with testing a new type of

transport on the roads due to the unresolved issue. To

eliminate the legal gap, an order was adopted by the

Government of the Russian Federation (On approval

of the action plan…, 2018), which approved a

roadmap to improve legislation and remove

administrative barriers in the field of automobile

transport "AutoNet". The document lists 75 measures

to improve the regulatory legal framework necessary

for the introduction of new technologies, goods and

services in the markets of electric, unmanned and

connected cars, transport logistics, intellectual urban

mobility, as well as telematics, transport and other

information systems.

At the moment, automated vehicle control

technologies remain non-standardized, this must be

done taking into account international and national

standards of technologically advanced countries.

The key issue remains the presence or absence of

a driver in the cab. For example, the Traffic Rules in

force in the Russian Federation (On the Rules of the

Road, 2019), based on the Vienna Convention on

Road Traffic of 1968 (Vienna Convention…, 1999),

or the Charter of Road Transport and Urban Ground

Electric Transport (Charter of road transport…,

2007), do not directly allow the delegation of driver

functions to automatic control systems and do not

imply the possibility of a driver missing from the

vehicle. It should be noted that the amendments to the

Vienna Convention in 2014 were not taken into

account by the Russian legislator.

The infrastructure necessary for the operation of

this kind of transport is only being created.

At the same time, the current trend in the

legislation of economically developed countries is the

responsibility on the driver for driving a vehicle even

with a relatively high degree of automation, which

implies the duty of the driver to maintain control over

the road situation and over the vehicle. Moreover, the

absence of a driver in a vehicle creates legal

uncertainties that require resolution both in

international treaties and in national legislation

(Gaysin S.V. et.al, 2017)

As part of the implementation of the AutoNet

roadmap, the Decree of the Government of the

Russian Federation of November 26, 2018 No. 1415

“On the experiment on the pilot operation of highly

automated vehicles on public roads” (On the

experiment on the pilot…, 2018) from December 1,

2018 was prepared March 1, 2022 in the territory of

Moscow and Tatarstan. The Ordinance refers to a

“highly automated vehicle” in the cabin of which

there is an insurance driver who does not intervene in

driving. Definitions were also given to such concepts

as automated control mode, automated driving

system, owner and driver of a highly automated

vehicle, in addition, the participants in the experiment

and the order of participation were determined. It is

important that the applicant, in order to participate in

the experiment, must insure and maintain the risk of

liability for obligations arising from damage to life,

health or property of other persons to third parties in

the amount of 10 million rubles for each highly

automated vehicle during the period of operation.

Obviously, at this stage, as in situations related to

the ordinary driver, completely emergency situations

cannot be avoided. Several tragic cases involving

autonomous transport are already known. So, during

the Moral Machine experiment, the opinions of more

than 2 million people from more than 150 countries

of the world were collected on what moral principles

self-driving cars should be guided in emergency

situations when it is impossible to avoid human

casualties and you need to choose the lesser of evils.

The study showed that it would not be easy to develop

a universal “moral law” for self-governing machines

(Antonova N.V. et.al, 2019).

On July 17, 2018 Yandex signed an agreement

with the Moscow authorities on the development of

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unmanned vehicles in the city, which was a kind of

soil for the development of the draft resolution. It is

interesting that Yandex has already conducted tests

on public roads: as early as the beginning of 2018, the

car ran through the streets of Moscow. The driver was

in the driver's seat, but did not touch the steering

wheel. However, later it became known that the

traffic police did not allow testing in Moscow. In

October 2018, Yandex also launched a service on the

territory of the Skolkovo Techno-park to call an

unmanned vehicle through the “Yandex.Taxi”

application.

Many countries are already ahead of us, not only

technologically, but also because of the rapid

response to regulatory needs. So, in Japan at the end

of 2018. unmanned passenger buses were tested in the

field. Of course, it is necessary to proceed from the

realities of the readiness of roads for the exit of such

vehicles in order to avoid casualties. So, even the US

National Highway Traffic Safety Administration

(NHTSA) has banned the use of unmanned school

buses to transport children, the tests of which were

recently launched by the American company

Transdev.

A variety of transport robots are also courier

robots, as they are designed to move goods. Estonia

stepped forward in the legislative definition of this

type of transport robots (Estonian Act on

amendments…, 2017). Obviously, like any vehicle,

courier robots must be safe. The Law discloses this

criterion through requirements for road safety,

provides for one more specific requirement - the

obligation to provide a “black box” to authorized

bodies in the circumstances established by law.

Robots with similar functions exist in other national

jurisdictions (for example, in the USA), but they are

defined in different terms. For example, Virginia uses

the term “electric personal delivery device” (Crespo

Alexander P., 2017).

The problem of regulation of unmanned vehicles

and automated driving is also discussed at the

international level. So, from March 19 to March 23,

2018, a session of the working group on traffic safety

WP1 of the UN Inland Transport Committee was held

in Geneva. The session discussed the wording of the

resolution on the regulation of highly automated

transport, the basic principles and approaches to

regulation, as well as the main definitions in this area.

Already in September, a Resolution (Resolution on

the implementation…, 2019) was adopted on the

implementation of highly and fully automated

vehicles in traffic conditions of the United Nations

Economic Commission for Europe's Global Road

Safety Forum, which outlines a number of

recommendations for users of high-altitude

automated driving systems - and fully automated

vehicles.

It should be noted the absence at the international

level of a universal international treaty regulating

legal, social and ethical issues in the field of artificial

intelligence and unmanned vehicles. At the same

time, the dominant trends include the maintenance of

proper ethical standards, which are based on

fundamental rights and values, including privacy and

the protection of personal data, as well as the

prohibition on the production and use of autonomous

weapons systems. Certain aspects of the issue under

consideration are regulated in the framework of the

existing multilateral international treaties (Vienna

Convention …, 1999, Convention on the Law…,

1971). Within the framework of the activities of the

International Organization for Standardization (CO),

under the auspices of the UN, the conceptual

apparatus of robotization has been developed, a

classification has been presented, according to which

industrial and service robots are distinguished.

Currently, the European Union is one of the key

jurisdictions in which the regulation of robotics,

artificial intelligence and cyber-physical systems is

most fully developed. At the EU level, a number of

legal studies on this issue have already been carried

out. There are draft regulatory acts. Developed and

successfully implemented concepts for the

development of the studied industries, including from

a legal point of view.

Within the EU, “the Horizon 2020” program is

operating, which is the largest research and

innovation program in the EU.

The Strategic Research Program (SRA) includes

two related documents: The Strategic Research

Program for Robotics in Europe until 2020 and the

European Robotics Roadmap.

The European Union adopted Resolution

2015/2103 (INL) “Civil Law on Robotics” dated

February 16, 2017. The document outlines the

prospects for regulating liability for damage that may

be caused by robots, a definition of the concept of

"robot" is proposed, and it is also proposed to form a

system of bodies on issues of robotics and artificial

intelligence, aspects of creating a registration system

for robots, the basic framework for developing ethical

codes of manufacturers and determining the legal

status of a robot in (Tikhomirov Yu.A. et.al., 2018).

In 2018, the European Declaration on

Cooperation in the Field of Artificial Intelligence was

adopted, which defines the main directions for the

development of this field, in particular, increasing the

level of information security, ensuring security in the

Legal Regulation Problems by using Highly Automated Vehicles

603

process of developing and using artificial

intelligence, as well as increasing the accountability

of artificial intelligence systems (EU Declaration…,

2018)

Summarizing the above, we can conclude that

international regulation in the field of unmanned

vehicles is at an initial stage. Perhaps due to the fact

that there is currently no consensus among the

international community on the regulation of the legal

status of unmanned vehicles, it is impossible to sign

any international agreement. Consequently, it is more

efficient to use the law of recommendation, which

will allow us to model the normative orientation, as

for the legislation. It is not binding on the legislature

and serves as a normative-orientating standard for

them. The creation of uniform model acts serves as a

means of unification and harmonization of

legislation.

It is possible for the Russian Federation to initiate

a model law within the framework of the Inter-

Parliamentary Assembly of the CIS member states.

The main property of model acts is that they are a

kind of bridge between the norms of international and

domestic law. Model laws directly absorb the

principles and norms of international law, translating

them in a normatively concentrated form into national

legislative acts. They are characterized by a

recommendatory nature, which does not exclude

peremptory norms recognized as voluntary

commitments.

Another vector of necessary regulation is the

determination of the procedure for resolving issues

arising from tort. In the event of the establishment of

a collective liability regime for causing damage to an

unmanned vehicle, reference must be made to the

relevant provisions of civil law on the collective

responsibility of persons responsible for the actions

of an unmanned vehicle, as well as fixing the

peremptory procedure for applying this rule.

4 CONCLUSIONS

As the study showed, the legislation governing the

use of highly automated vehicles is at the initial stage

of its formation. Moreover, national regulation is

rather fragmented, international as such is absent and

lags behind national.

Despite the widespread introduction in the near

future of highly automated vehicles at the

international level, a universal international treaty has

not been adopted that regulates legal, social and

ethical issues in the field of artificial intelligence and

unmanned vehicles. To date, not a single act or

technical document (standards) has been adopted

only in the field of control and operation of unmanned

vehicles.

Currently, in the Russian Federation, the sphere of

unmanned transport is regulated exclusively by by-

laws. There is no regulation at the legislative level, as

a result, uncertainties and contradictions remain,

which are a barrier to the further development and

implementation of technology.

It seems that the next necessary step in the

normative legal regulation of the operation of highly

automated vehicles following the Decree of the

Government of the Russian Federation of November

26, 2018 No. 1415 should be the development and

adoption of an appropriate federal law reflecting its

scope, enshrining the basic concepts, legal

foundations, powers of state bodies authorities,

requirements for the use of vehicles equipped with an

automatic control system, requirements for

automobile public horns, federal state control in the

use of vehicles equipped with an automatic control

system.

Of course, the adoption of a basic federal law will

entail the need to make additions to certain regulatory

acts of the federal level, and in particular, the

procedure for obtaining permission to drive a highly

automated vehicle, the rules for operating an

unmanned vehicle and responsibility for their

violations, standards that ensure the safety of a person

and his rights under using an unmanned vehicle.

It will also be necessary to adopt national

standards for automated vehicle control, taking into

account international standards of technologically

advanced countries.

ACKNOWLEDGEMENTS

This work was supported by the Russian Foundation

for Basic Research: grant No. 19-29-06008 \ 19

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