The legal status of a driver of a highly automated car in the context of administrative and civil law regulation

Zemlin, Alexander; Matveeva, Maria A.; Gots, E. V.; Torshin, A.A.

doi:10.47643/1815-1337_2022_10_146

Право И Государство: Теория И Практика

2022

DOI: 10.47643/1815-1337_2022_10_146

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The legal status of a driver of a highly automated car in the context of administrative and civil law regulation

Alexander Zemlin

Maria A. Matveeva

E. V. Gots

et al.

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Issues of improving Russian legislation on technical regulation in terms of determining the shortcomings of a highly automated car

Zemlin,

Gots,

Matveeva

2023

Cur. Issues of the State and Law

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The article brings to the attention of the scientific community some results of a study of current problems of legal regulation of relations arising in connection with the operation of highly automated vehicles, voiced by the authors as part of a plenary report and speeches at the VII International Scientific and Practical Conference “Tambov Legal Readings named after F.N. Plevako” (Tambov, 19th–20th of May, 2023). The rapid development of the highly automated car industry gives rise to a whole range of problematic issues, the totality of which can be characterized as a challenge for Russian tort law. A special place among such issues is occupied by the problem of liability of manufacturers of highly automated cars for damage caused by cars equipped with automatic driving systems. An analysis of scientific sources shows that these issues have not received the necessary and sufficient coverage in Russian literature to resolve problematic situations that arise during the operation of highly automated vehicles. Due to the authors’ awareness of this problem, which consists in the contradiction between the needs of law enforcement practice and the lack of a consistent and problem-free system of legal regulation based on scientific study, this article attempts to provide an analysis of one of the key problems that are important when considering cases of attracting manufacturers to no-fault liability for causing harm by a highly automated car, namely the problem of determining the defect of the car. Using a traditional set of legal research methods (formal-dogmatic, systemic and comparative legal), existing approaches to determining the disadvantage of a car as a product are analyzed. Based on the results of the analysis, the conclusion is substantiated that the current gap in the legislation on technical regulation gives rise to significant difficulties in practically resolving the issue of the presence or absence of a deficiency in a highly automated vehicle. In order to solve this problem, a qualitative criterion has been formulated to identify the shortcomings of a highly automated car, which can be legalized in the legislation on technical regulation and used in judicial practice.

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Issues of improving Russian legislation on technical regulation in terms of determining the shortcomings of a highly automated car

Zemlin,

Gots,

Matveeva

2023

Cur. Issues of the State and Law

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Problems of Ensuring Safe Operation of Highly Automated Vehicles Using the Potential of Public and Private Law

Zemlin

2023

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The objective of the study was to critically comprehend several aspects that are significant for the theory of transport law and the practices of legal regulation of transport activities in the field of operation of highly automated vehicles. Those aspects concern relationship between the regulation of transport relations with the instruments of, respectively public and private law, associated with the typology of complex legal entities and the practices of economic sectors.Particular research tasks included a systemic legal analysis of the currently available number of modern scientific developments in the field of legal regulation of relations related to the use of highly automated vehicles, with the aim to reveal shortcomings, search for ways to eliminate conflicts and gaps in legal regulation. To achieve the research goals the study applied formal-dogmatic and systematic methods of special legal research. This approach allowed evaluation of a promising development vector of legal regulation in this area.The article largely summarises and expands the results of the research presented in earlier publications and proven in a scientific report during the Fifth Civil Readings in memory of Professor M. G. Pronina (March 16, 2023, Academy of Management under the President of the Republic of Belarus, Minsk, Republic of Belarus).Based on the results of the research, it was concluded that several gaps in the legal regulation of relations related to introduction and use of highly automated vehicles create significant obstacles to effective development of the transport system, increases thus the relevance of the proposals to determine directions for further research in this area. Improving the legislative and regulatory framework will have a significant positive impact on successful expansion of the use of highly automated vehicles in the transport industry and within the entire economy.

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Unmanned Systems: Dynamics of Operational Boundaries and Prospects for Legal Regulation to Minimise Risks

Kholikov

2024

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Zemlin, A. I., Matveeva, M. A., Gots, E. V. Current problems of minimising risks arising from the use of unmanned vehicles in a metropolis: system and legal analysis: Monograph [Aktualnie problemy minimizatsii riskov, voznikayushchikh v svyazi s ispolzovaniem bespilotnykh avtomobilei v usloviyakh megapolisa: sistemno-pravovoi analiz: Monografiya]. Moscow, KnoRus publ., 2023, 190 p. ISBN 978-5-406-12803-9.The article is a review of the monograph “Current problems of minimising risks arising from the use of unmanned vehicles in a metropolis: system and legal analysis”, prepared by academic staff of Russian University of Transport. The relevance of the topics included in the content of the monograph, the breadth of their coverage allows solving several tasks. In particular, the tools of historical-legal, comparative-legal and system-legal approaches facilitate the analysis and comprehension of the concepts of risk-based approach in the interests of monitoring, visualisation and development of management decisions to minimise threats in the context of various types of activities. The review especially emphasises the significance of the proposals formulated based on the results of the study, the implementation of which will minimise, through the integrated use of legal instruments, the risks of operating unmanned vehicles on public roads, which is important for ensuring the efficiency and safety of their operation, in the context of the development needs of the Russian economy, the achievement of national goals and strategic positioning of the Russian Federation in the modern world.

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The legal status of a driver of a highly automated car in the context of administrative and civil law regulation

Cited by 3 publications

References 0 publications

Issues of improving Russian legislation on technical regulation in terms of determining the shortcomings of a highly automated car

Issues of improving Russian legislation on technical regulation in terms of determining the shortcomings of a highly automated car

Problems of Ensuring Safe Operation of Highly Automated Vehicles Using the Potential of Public and Private Law

Unmanned Systems: Dynamics of Operational Boundaries and Prospects for Legal Regulation to Minimise Risks

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