Automated Vehicles and Third-Party Liability: A European Perspective

Abstract

This article examines third-party liability issues of automated vehicles (AV) as currently regulated in Europe at the level of the European Union (EU) and at national level. The analysis of European law is preceded by a brief presentation of international law on traffic rules, whose binding effect has influenced the content of European provisions. Regarding national legislations, we examine the special rules of the German Road Traffic Act, which focuses on the liability of keeper and the driver, as well as the English Automated and Electric Vehicles Act 2018, which focuses on insurance and represents a different approach. We combine the analysis of the special rules with an overview of the applicable provisions on product liability and driver third-party liability in these countries. In addition, we briefly present the legal rules applicable in the US and compare them with the European ones. We conclude our article with some thoughts on eventual amendment of the existing rules de lege ferenda, aimed to inform the discussions globally on how to regulate civil liability arising from the use of AV.

Intelligent connected mobility 4.0: Regulatory concepts

“…Academia mainly focuses on software as a service provided by the software operator or producer directly to the manufacturer or consumer, such as an ICV user. 11 Although in 1999 the primary agricultural products were included within the scope of the PLD (whereby Directive 1999/34/EC extended the scope of liability to agricultural and fishery products), 12 services were still treated as separate from products and are, therefore, not covered by PLD. In addition, in the CJEU judgment in Dutrueux, 13 it was held that a service provided using a defective product and therefore causing damage is outside the scope of the PLD.…”