Approaches to Autonomous Driving Vehicle Traffic Accidents Liability in China

Research Article
Open access

Approaches to Autonomous Driving Vehicle Traffic Accidents Liability in China

Bo Wang 1*
  • 1 Shandong Institute of Petroleum and Chemical Technology    
  • *corresponding author bowang_ucd@foxmail.com
Published on 28 November 2023 | https://doi.org/10.54254/2753-7048/26/20230901
LNEP Vol.26
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-163-6
ISBN (Online): 978-1-83558-164-3

Abstract

Autonomous driving technology, as another major revolution in the field of transportation technology, brings new challenges to the provisions of the current legal system. Whether the autonomous vehicle can become the subject responsible for traffic accidents, whether the manufacturer of autonomous vehicle should bear the responsibility, and how to identify the driver’s responsibility have become difficult problems in the process of responsibility identification. To solve the above issues, this paper conducts a comparative analysis of US and UK autonomous vehicle regulations, incorporating China’s existing traffic laws, to propose a classification standard for autonomous vehicle traffic accident liability in the Chinese context. This research proposed framework hinges on two principles. Firstly, it differentiates between driving assistance and full autonomous driving, applying existing traffic accident tort liability rules during driving assistance, with manufacturer liability for technology failures. In contrast, autonomous driving warrants manufacturer product liability. Secondly, framework distinguishes between human and autonomous driving, determining liability based on the vehicle’s operating mode at the time of an accident. Users are liable if they didn’t engage autonomous mode or intervened, while accidents in full autonomous mode invoke manufacturer product liability. Recognizing flaws in the product liability system, such as delayed compensation and high litigation costs, we propose introducing a liability insurance system. This multifaceted approach safeguards victims and mitigates risks in the evolving autonomous driving landscape.

Keywords:

autonomous driving vehicle, liability, necessary vigilance, insurance

Wang,B. (2023). Approaches to Autonomous Driving Vehicle Traffic Accidents Liability in China. Lecture Notes in Education Psychology and Public Media,26,167-174.
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References

[1]. Beijing Municipal Commission of Transport. (2018, August 19). Notice on Issuing the Guiding Opinions on Accelerating the Road Testing of Autonomous Driving Vehicles in Beijing (Trial) and the Implementation Rules for the Management of Road Testing of Autonomous Driving Vehicles in Beijing (Trial). Beijing Municipal Commission of Transport. http://jtw.beijing.gov.cn/xxgk/flfg/zcfg/201912/t20191231_1547520.html.

[2]. The State Council of The People’s Republic of China. Notice of Three Ministries and Commissions on Issuing the “Management Specification for Road Testing and Demonstration Applications of Intelligent Connected Vehicles (Trial).” Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Transport, 27 July 2021, https://www.gov.cn/zhengce/zhengceku/2021-08/03/content_5629199.htm. Accessed 19 Sept. 2023.

[3]. “Automated and Electric Vehicles Act 2018.” Legislation. Gov.Uk, 2018, https://www.legislation.gov.uk/ukpga/2018/18/part/1/enacted. Accessed 19 Sept. 2023.

[4]. Cao, Jianfeng, and Yanhong Zhang. “Comments on the UK Automatic and Electric Vehicles Act: Innovation of Insurance and Liability Rules for Autonomous Vehicle.” Information Security and Communication Confidentiality, vol. 10, Oct. 2018, https://doi.org/CNKI:SUN:TXBM.0.2018-10-022.

[5]. Xiaojun Tian & Yang Liu, Enlightenment of the United States and Germany speeding up the improvement of automatic driving system to China, Tencent Research Institute (2017), https://www.tisi.org/?p=16110 (last visited Jul 11, 2022).

[6]. Frontiers of Intelligent Transportation Technology. “American Autonomous Vehicle Regulations.” Https://Baijiahao.Baidu.Com/s?Id=1717199228772229841&wfr=spider&for=pc, 23 Nov. 2021, https://www.163.com/dy/article/GPN4OFSV0517N2FF.html. Accessed 19 Sept. 2023.

[7]. U.S. Department of Transportation. “U.S. Department of Transportation Releases Policy on Automated Vehicle Development.” US Department of Transportation, 1 Aug. 2019, https://www.transportation.gov/briefing-room/us-department-transportation-releases-policy-automated-vehicle-development. Accessed 19 Sept. 2023.

[8]. Eggert, David. “Michigan Moves to Not Require Human in Driverless Test Cars.” Phys.Org, 7 Sept. 2016, https://phys.org/news/2016-09-michigan-require-human-self-driving-cars.html. Accessed 19 Sept. 2023.

[9]. The Central People’s Government of the People’s Republic of China. Road Traffic Safety Law of the People’s Republic of China. 28 Oct. 2003, http://www.gov.cn/banshi/2005-08/23/content_25575.htm. Accessed 19 Sept. 2023.

[10]. Jue Feng, Civil tort liability for damage caused by autonomous vehicle, 6 China law (2018).

[11]. Jianan Liu, Imputation principles and attribution of liability for motor vehicle traffic accidents, 5 Politics and law (2010).

Cite this article

Wang,B. (2023). Approaches to Autonomous Driving Vehicle Traffic Accidents Liability in China. Lecture Notes in Education Psychology and Public Media,26,167-174.

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About volume

Volume title: Proceedings of the International Conference on Global Politics and Socio-Humanities

ISBN：978-1-83558-163-6(Print) / 978-1-83558-164-3(Online)
Editor：Javier Cifuentes-Faura, Enrique Mallen
Conference website: https://www.icgpsh.org/
Conference date: 13 October 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.26
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Beijing Municipal Commission of Transport. (2018, August 19). Notice on Issuing the Guiding Opinions on Accelerating the Road Testing of Autonomous Driving Vehicles in Beijing (Trial) and the Implementation Rules for the Management of Road Testing of Autonomous Driving Vehicles in Beijing (Trial). Beijing Municipal Commission of Transport. http://jtw.beijing.gov.cn/xxgk/flfg/zcfg/201912/t20191231_1547520.html.

[2]. The State Council of The People’s Republic of China. Notice of Three Ministries and Commissions on Issuing the “Management Specification for Road Testing and Demonstration Applications of Intelligent Connected Vehicles (Trial).” Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Transport, 27 July 2021, https://www.gov.cn/zhengce/zhengceku/2021-08/03/content_5629199.htm. Accessed 19 Sept. 2023.

[3]. “Automated and Electric Vehicles Act 2018.” Legislation. Gov.Uk, 2018, https://www.legislation.gov.uk/ukpga/2018/18/part/1/enacted. Accessed 19 Sept. 2023.

[4]. Cao, Jianfeng, and Yanhong Zhang. “Comments on the UK Automatic and Electric Vehicles Act: Innovation of Insurance and Liability Rules for Autonomous Vehicle.” Information Security and Communication Confidentiality, vol. 10, Oct. 2018, https://doi.org/CNKI:SUN:TXBM.0.2018-10-022.

[5]. Xiaojun Tian & Yang Liu, Enlightenment of the United States and Germany speeding up the improvement of automatic driving system to China, Tencent Research Institute (2017), https://www.tisi.org/?p=16110 (last visited Jul 11, 2022).

[6]. Frontiers of Intelligent Transportation Technology. “American Autonomous Vehicle Regulations.” Https://Baijiahao.Baidu.Com/s?Id=1717199228772229841&wfr=spider&for=pc, 23 Nov. 2021, https://www.163.com/dy/article/GPN4OFSV0517N2FF.html. Accessed 19 Sept. 2023.

[7]. U.S. Department of Transportation. “U.S. Department of Transportation Releases Policy on Automated Vehicle Development.” US Department of Transportation, 1 Aug. 2019, https://www.transportation.gov/briefing-room/us-department-transportation-releases-policy-automated-vehicle-development. Accessed 19 Sept. 2023.

[8]. Eggert, David. “Michigan Moves to Not Require Human in Driverless Test Cars.” Phys.Org, 7 Sept. 2016, https://phys.org/news/2016-09-michigan-require-human-self-driving-cars.html. Accessed 19 Sept. 2023.

[9]. The Central People’s Government of the People’s Republic of China. Road Traffic Safety Law of the People’s Republic of China. 28 Oct. 2003, http://www.gov.cn/banshi/2005-08/23/content_25575.htm. Accessed 19 Sept. 2023.

[10]. Jue Feng, Civil tort liability for damage caused by autonomous vehicle, 6 China law (2018).

[11]. Jianan Liu, Imputation principles and attribution of liability for motor vehicle traffic accidents, 5 Politics and law (2010).

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