Automated Driving and the Future of Traffic Law

Abstract

Fully automated vehicles that can operate without human interference are getting closer to reality. Fully automated vehicles are expected to offer many benefits, from limiting the need for parking space to increased road traffic safety. Besides all the technical challenges, this development also gives rise to several legal questions. This is not surprising given that most national and international traffic laws are based on the notion that a human driver is behind the wheel. What is the legal consequence of letting the vehicle drive itself? This contribution will focus on the legal challenges automated driving poses for traffic law. Other legal questions will also be touched upon, for instance questions regarding liability and insurance, but the emphasis will lie on questions regarding traffic laws as the answers to those questions can influence the answers to the other legal questions. This contribution will discuss if an automated vehicle still has a driver within the meaning of the Geneva Convention on road traffic 1949 and the Vienna Convention on road traffic 1968, that form the base of many national traffic laws across the globe. It will be explored how, if necessary, these Conventions can be revised in order to accommodate automated driving. Inspiration will be drawn from national and international maritime traffic laws and from international aviation traffic law.