AUTONOMOUS VEHICLES VIGILANCE SYSTEM: PROPOSAL FOR A THEORETICAL LEGAL FRAMEWORK

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Veronika Žolnerčíková

Abstract

Today’s road traffic system is functional due to a complex set of rules. The key element of the system is a natural person in the driver’s seat that makes decisions. These decisions may vary from driver to driver, yet
all of them can still be compliant. When talking about autonomous vehicles, there is a notion that they need to
be instructed on how to behave in all possible situations. However, autonomous vehicles can adopt the same
variety of decisions as human drivers do. On top of that, they can communicate with other vehicles, infrastructure, and the surrounding environment. As a result, autonomous vehicles can solve tasks together in a cooperative manner. Such shift in the capabilities of vehicles is so significant that we should not be asking how to make autonomous vehicles conform to the rules, but instead how to structure the rules so that they can conform with autonomous vehicles. This paper aims to present a position on the latter question. Firstly, it describes key features of autonomous vehicles. Secondly, it takes into account relevant legal research in the field of autonomous mobility and identifies the problems that autonomous vehicles pose to the concept of liability. Finally, it provides a summary of key elements for a theoretical legal framework that can encompass autonomous vehicles. An autonomous vehicles vigilance system is proposed as a part of a solution to the liability problem.

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