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Legal Implications for Autonomous Vehicles
Mobility in Future Smart Cities
Ankit R. Patel
ALGORITMI Research Center
Department of Industrial Electronics
University of Minho
Guimaraes, Portugal
majorankit@gmail.com
Mariacristina Roscia
Department of Engineering and
Applied Sciences
University of Bergamo
Bergamo, Italy
cristina.roscia@unibg.it
Dean Vucinic
The Brussels School of Governance
Vrije University of Brussels
Brussels, Belgium
dean.vucinic@vub.be
Abstract— The paper analyzes the legal implications for
autonomous vehicles deployment, as the preceding decade have
demonstrated, especially in the automotive sector, the new ways
of driving a car, based on the achieved results in the sensor
technologies and data science research. This made possible the
production of autonomous vehicles, which, in the future, will
become smart cities common transportation. The deployment of
autonomous vehicles will improve the effectiveness of road
transportation, while at the same time, a riding experience that
is both secure and pleasant. However, there are law enforcement
difficulties and related legal issues rising up when such vehicles
are deployed on the road. The goal of this paper is to address the
legal concerns and discuss the current frameworks that allows
the autonomous vehicles deployment on the public roads, and in
addition, to propose solutions to such new legal challenges. It is
envisaged that the present content, will serve as a source of
impetus to the legal professional and governmental authorities,
who are engaged in the process of building the legal base for
using the autonomous vehicles in the intelligent cities of the
future.
Keywords—Autonomous vehicles, Intelligent transportation
systems, Law, Legal challenges, Smart cities
I. INTRODUCTION
Two major developments have dominated recent
discussions in the automotive industry: the electrification of
vehicles and the creation of autonomous vehicles (AVs) with
intelligence on par with that of humans [1]. Therefore, in the
futures’ smart cities, a smart and comfortable riding
experience to make transportation better than today in nota
dream. Clear evidence have emerged in recent years to
underpin the concepts of AVs and the intelligent transportation
systems (ITS) [2]–[4]. Contrary to what was just stated, there
is evidence that institutional supports (such as government,
financial firms loans, and other departments) pave the way
towards the AVs acceptance [5]. However, there are many
obstacles that must be overcome before AVs can be introduced
safely to the public roads.
This is due to variety of the unanswered questions, such as:
(a) Will AVs solve the current traffic problems? [6]–[8]
(b) If the answer to (a) is yes, are they truly dependent,
reasonably priced, and completely replacing human driving
capacity? [9], [10]
(c) What about the today available conventional vehicles?
[11], [12]
(d) Considering the impending arrival of new intelligent
vehicles, how to address the resulting job losses? [13], [14]
Following that line of thinking there will be many
other questions inevitably rising.
It is well known that a wide range of opinions exists,
about the appropriate relationship between humans and
technologies, due to the fact that humans and technologies
have fundamentally different characteristics. It has been
observed that the development of technology, in the kinds of
activities that humans are engaged on a daily basis has led to
sizeable number of shifts. As the direct outcome of such
change considering the questions concerning the way in which
we think, approach, and make responsible use of such
technology advancement have emerged as a direct
consequence. These questions are more interesting from a
practical point of view when pertaining on how such
technologies can be conceived, designed, deployed, or used
for the happiness of the human beings that is either conductive
or detrimental. Most importantly, it will be very interesting to
observe the ways in which AVs will affect our lives [15], [16]
and evolve gradually to take control of the roads by using a
variety of investment strategies [17]. This aspect is an essential
component of the new ITS that people have towards the new
forms of mobility [18], [19].
It is obvious that producing AVs and releasing them onto
public roads without first addressing any legal issue is not
possible and creates chaotic situations across all transportation
systems. It is important to notice that the term ”AVs”, as used
in respective manuscripts, refers to the inclusion of all forms
of intelligent mobility, taking into consideration the entirely of
multimodal transportation systems [20]. As the mobility is an
essential component of modern life, the specific precautions
need to be taken when dealing with AVs. In the recent years
the number of accidents caused by a lack of legal legitimacy
has increased. As example, only in the United States in 2022
there were approximately 400 accidents caused by AVs [21],
[22].
Based on the above-mentioned facts, the purpose of this
paper is to initiate a conversation about the legal obstacles
which hinder the pervasive use of AVs . It is essential to point
out that despite the valid concerns that government authorities,
engineers, and lawyers face, none of these concerns are
enough significant to stop the use of AVs due to the benefits it
offers to the community in general, and more specifically,
when planning the future cities mobility.
The structure of this paper is as follows: In Section II, the
primary focus is placed on evaluations from a legal point of
view which represent a starting point for the development and
increasingly intense adoption of AVs. In Section III, the
pertinent policy solutions discuss the questions and concerns
raised about the law. In the final Section, the conclusion
979-8-3503-9775-8/23/$31.00 ©2023 IEEE.
2023 IEEE International Smart Cities Conference (ISC2) | 979-8-3503-9775-8/23/$31.00 ©2023 IEEE | DOI: 10.1109/ISC257844.2023.10293522
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includes the envisaged challenges to be elaborated for the
future.
II. LEGAL CHALLENGES FOR DEPLOYMENT OF AVS
During recent years, the automotive industry has not
only witnessed but also advocated for the deployment of AVs.
However, the development of new technologies goes in the
direction of rapid realization of successful efforts.
Underline how the first step represented by semi-
autonomous vehicles led to the subsequent development of
autonomous vehicles in the near future raise questions
regarding legal concerns. These include illegal activities and
potential civil liability, the responsibilities of vehicle
manufacturers, and the eventual regulation of vehicle
transportation, all of which will be appropriately addressed by
the state authorities that are concerned with the issue [23],
[24]. In addition, a number of ethical and privacy concerns that
are intertwined with these legal questions will also need to be
addressed, and this will need to be done.
The following is a list of the primary legal considerations
that should be taken into account when planning for the
deployment of AVs in future smart cities.
A. Liability
There will inevitably be concerns about who can be held
legally or criminally responsible for any damage caused by a
semi-autonomous or autonomous vehicle [25].
1) Civil liabilities: The industry of fully automated
vehicles and our society as a whole still need to prepare for
the possibility that something will go wrong, despite the fact
that The technological advances in the development of
Automatic Guided Vehicle are very promising. It would be
extremely naive not to plan for the possibility of collisions,
injuries, and even fatalities, despite the fact that automated
driving systems may be more aware than their human
counterparts and may have faster reaction times. In addition,
when it comes to fully autonomous vehicles, a fault-based
system of liability would imply that the user of the vehicle
would never be required to compensate a party who suffered
loss because they would have no control over the functioning
of the vehicle at all [26]. Various regimes depend on vehicle
automation. This will show how much responsibility the
driver and insurer can assume for the damage given how
much control the driver had or should have had over the
vehicle [27].
2) Criminal liabilities: In the context of modern criminal
law, the challenge of addressing ”criminal behaviour”
exhibited by non-human entities is of paramount importance
[28]. There is potential for a ’responsibility gap’ to develop
when an automated system, rather than a human, operates the
vehicle. When an accident involves a AVs, it can be very
difficult to determine who is at fault between the driver and
the system. Additionally, the fact that these vehicles will not
be used for any terrorist activities should be emphasised
heavily.
3) Product liabilities: Because the driver of a AVs has less
control over the behaviour of the vehicle than the driver of a
conventional vehicle does, the damage that occurs is
frequently the fault of the manufacturer, who can then be
pursued on the basis of product liability. This is because the
driver of a conventional vehicle has more control over the
behaviour of the vehicle. On the other hand, the technology
behind AVs raises a number of specific concerns with regard
to how product liability laws are currently interpreted. A
product may be deemed to be flawed for a number of reasons,
including the presence of an error in the product’s
manufacturing process, an imperfection in the product’s
design, or an absence of adequate instructions or warnings
[29]–[31].
B. Privacy and cybersecurity
AVs are able to function thanks to the integration of V2V
and V2infrastructure communication, as well as sensors and
high-definition maps [32]. All of this makes it possible for
them with the aim of increasing the perceived level of safety
by learning from the experiences of other vehicles. Having
said that, all of this information also amounts to a significant
collection of personal data, most notably data on the location
of a vehicle and the location of its driver and passengers.
Processing and storing private information is an inevitable by-
product of incorporating biometric features like fingerprint,
facial, and iris recognition into security and other systems in
motor vehicles [33]–[35]. Incorporating a computer into the
operation of a passenger vehicle raises additional concerns
regarding cybersecurity. If a car is connected to the internet
via Bluetooth, keyless entry, cellular, or any other wireless
network, it could be vulnerable to hacking [36], [37]. It’s also
important to note that the hacked information would have
commercial value and could be sold to other parties. As a
result, it’s crucial to safeguard the data networks powering
driver assistance systems. Several issues concerning the
information systems in AVs remain unresolved, including the
following.
•Details about the nature and motivation behind the data
collection.
•Who owns this data, how long will it be kept, and what
purpose will it serve?
•Should data recorded by self-driving cars before and
during accidents be automatically sent to the central
system, insurance companies, the police, and other
regulatory and enforcement bodies?
C. Insurance
One of the first things people want to know about AVs is
whether or not they need insurance if they can drive
themselves. Perhaps in the not-too-distant future, self-driving
cars will be commonplace on most highways. They may
improve road safety in addition to relieving us of the stress of
driving. Even so, misfortunes can and do occur. And the price
of replacement components could be high. As a result, we may
be financially protected from accidents involving AVs in the
future by purchasing standard auto insurance policies [38],
[39]. Although there are still some unanswered questions, such
as,
•What does the ownership status of the insure payee
mean?
•Exactly how likely is it that an insurance company would
fork over cash? Because it’s unclear whether OEMs will
be responsible for covering some of the cost or whether
the owner will be responsible for covering it entirely.
•What happens if the insurance premium isn’t paid in a
timely manner? How do the rules of the law work?
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III. POSSIBLE SOLUTIONS OF THE LEGAL CONCERNS OF AVS
DEPLOYMENT
These days, self-driving cars are being put through their
paces on public roads in a number of different countries and
cities across the globe. It is anticipated that in the not-too-
distant future, self-driving cars will be a mode of
transportation that is both safer and more convenient. Uber's
Automatic Guide Vehicle, had road accidents, after which,
almost as a trailblazer, many other accidents followed, always
with vehicles of this type and all over the world [11].
However, nothing has yet been implemented by the insurance
companies or the highway code, which at the moment, with
the road traffic laws of the current regulations, cannot adapt to
the driving conditions of driverless cars. The allocation of
responsibility between drivers and vehicle owners is unclear
in the event of an accident. In the event of an accident
involving an AV, the damage it caused cannot be evaluated on
a case-by-case basis due to the ”lack of blame,” making it
imperative that rules be put in place to govern how AVs
respond to ethical conundrums [40]. However, the process by
which these standards are established is not entirely
transparent. To date, governments have not decided if they
will mandate uniform decision-making criteria for algorithms
to use in the event of an accident. Should we, for instance, give
more weight to the total number of victims or to the severity,
frequency, and long-term impact of each individual’s injuries
[41]? All of this suggests that new legislative changes should
be considered before deploying AVs on public roads.
All over the world, governments at all levels are taking the
following precautions: In the US, the federal and state
governments sets “safety standards” and laws for “issuing
driving licensing” for the AVs through amendment of NHTSA
act [42]–[44]. In Europe, countries like Sweden and Norway
have adopted the Vienna Convention and, on that basis,
imposed stricter regulations for AVs [45]. Since 2015, the
Department of Transport in the United Kingdom has mandated
standardised guidelines for AV manufacturer testing codes.
Both the people inside the car and the more vulnerable
pedestrians outside will benefit from these safety measures
[46]. As part of vision 2025, the Chinese government is
hastening the adoption of autonomous vehicles. This has
resulted in less environmentally friendly regulations in China.
In light of this, in 2017, the China-New Car Assessment
Program was implemented, bringing with it the necessary
precautions [47]. The Australian government’s National
Transport Commission released voluntary safe AV guidelines
for manufacturers in 2017 [48]. Since early 2017’s, the
Japanese government started experiments of AV road-safety
along with human driver. This shows their concerns for life
saving strategies as a part of policy [49], [50].
Since the widespread adoption of AVs, determining
criminal responsibility has become increasingly difficult. This
is because only in SAE L5 is there no human intervention, but
we cannot directly blame humans for other causes without
knowing what those causes are. As a result, the potential for
criminal activity involving AVs is rising. However, no
government has yet mandated uniform solutions or laws
covering every possible level of automation in terms of
criminal breach. Nonetheless, there are ongoing investigations
into the question of responsibility in cases where illegal
activities involving AVs have taken place [51].
To the extent that there were feasible alternate designs
available at the time of the product’s release, the manufacturer
may be held liable for any injuries caused by the product. As
a result, product liability needs to be defined before it can be
used effectively. For example, the EU has the following strict
rules, (a) in the case of software updates in AVs there should
be fixed timeframe for it, (b) replace hardware components
before the deadlines [52].
Future AVs will have to collect and store data in a
variety of ways, and this is a major concern, especially if we
value users’ right to privacy. Globally, it is anticipated that this
information will generate around USD 750 billion in revenue
by the year 2030 [53]. However, there appears to be very little
attention paid to data privacy regulations on a global scale
considering AVs. Numerous instances have been witnessed
where general data protection rules were, for example, in the
USA SPY Car Act came into practice in the year 2017 [54],
the EU also introduced GDPR in the year 2012 and later with
amendment in the year 2016 [55], India, Japan, Australia,
China, South Korea and Singapore also changes their previous
privacy-related laws to comply new challenges generated by
the AV deployment [56].
Among the key challenges, how to secure AVs from
cyberattacks have prime importance. Weak vehicular
networks and other security breaches contribute to these
issues, as do data communications between the vehicles and
outside entities [57]. Despite the fact that the National
Highway Traffic Safety Administration (NHTSA) in the
United States has provided numerous solutions to
cybersecurity problems, state and local governments play no
part in this. Furthermore, it is suggested that data privacy
concerns be taken into account alongside other cyber threats.
Doing so will allow us to control for external attacks, making
the journey of AVs safe from harm [58].
The risk of criminal and cyberattacks can be reduced if AV
users regularly update their software. It’s crucial to have this
coverage in case of an accident involving the vehicle. Local
and state governments have a moral obligation to revise the
laws that have encouraged people to purchase comprehensive
auto insurance. Users of AVs should always have a current,
valid insurance policy on hand in case of an unexpected
accident [59].
IV. CONCLUSIONS AND FUTURE DIRECTIONS
The rate at which autonomous vehicles become standard
on the road will be determined by factors such as the rate of
technological advancement, the rate of user adoption, and the
rate at which governments regulate them through the
implementation of appropriate laws. Thus, it is not surprising
that autonomous vehicles are predicted to become more
pervasive on public roads in the near future, making not only
providing safer journeys to users but also enhancing ease of
life. Concerns have been raised about the potential and
associated laws, which has led to a lot of talk about the topic
in recent days as part of a systematic approach. The rate at
which autonomous vehicles are introduced into society will be
governed by these regulations. This paper focuses on the
existing legal frameworks around the world and the challenges
they present. The academic and research community will
benefit from this as they seek to anticipate and adhere to
legislation pertaining to autonomous vehicles.
As AVs technology continues to advance and these
vehicles become more prevalent, it is likely that legal issues
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related to their deployment will become more pressing. Some
of the areas where legal developments may be needed in the
future include:
• Determining liability in the event of an accident involving
an AVs: This will be a key issue as AVs become more
common on the roads and will likely require the
development of new laws or the clarification of existing
laws.
• Cybersecurity: AVs rely on complex computer systems,
which raises concerns about the potential for hacking and
other cybersecurity threats. It is likely that laws and
regulations will be needed to address these concerns and
ensure the safety of passengers and other road users.
• Safety: Ensuring the safety of passengers and pedestrians
will be a key concern as AVs are deployed. This may
require the development of new safety standards and
regulations, as well as the establishment of procedures for
reporting and investigating accidents involving AVs.
• Accessibility: There will also be a need to ensure that AVs
are accessible to people with disabilities. This may involve
the development of new laws or regulations to ensure that
AVs are equipped with the necessary features and
technologies to serve this population.
Overall, it is likely that the legal framework for
autonomous vehicles will continue to evolve as these vehicles
become more common and the technology advances.
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