The Driverless Commute: Product liability law in Germany for Level-3 (high automation) AVs

Introduction and overview of applicable law

The success of the upcoming launch of Level 3 (highly automated) vehicles in Germany, targeted for year of 2020, will depend not only on technologically flawless equipment, but also compliance with product liability and safety standards. This briefing provides an overview of a manufacturer’s obligations under product liability, and corresponding tortious producer liability, law in Germany.

Within the framework of manufacturer’s liability for defective products, there are various regulations under which the manufacturer is liable for any damage incurred. The most important civil law principles here are (1) product liability under the Product Liability Act and (2) tortious producer liability under the German Civil Code.

Read More

The Driverless Commute: AV industry publishes first framework for building, testing and operating safe vehicles

Twelve industry leaders across the automotive and automated driving technology spectrum, including carmakers Audi, BMW, Mercedes, Volkswagen and Fiat Chrysler Automobiles, and technology firms Aptiv, Baidu, Continental, HERE, Infineon and Intel, have developed an industry-wide definition of safety with the July 2, 2019, publication of a white paper entitled “Safety First for Automated Driving” (SaFAD).

“Safety First for Automated Driving” (SaFAD)

The publication addresses relevant safety topics for automated driving, from safety by design to the verification and validation processes in the context of Level 3 and Level 4 automated driving. In short, its aim is to highlight the safety- and security-relevant aspects of developing, producing, operating and maintaining self-driving vehicles, with the intention of working towards a standardization of automated driving, building on the work that was already done for Level 1 and Level 2 driver assistance systems.

Read More

The Driverless Commute: Road safety with driver assistance systems – EU Commission supports ISA systems for Europe

By 2022, new cars produced in the EU will only come off the production line after being equipped with a series of intelligent systems to prevent accidents. These include Intelligent Speed Adaptation (ISA) systems, which read speed limits (and/or obtain the relevant information from navigation systems), or so-called Speed Limit (Information) systems, which inform about the maximum permitted speed and, if necessary, limit the speed of the vehicle upwards (at a certain speed, no further increase is permitted).

ISA systems

In principle, one differentiates between intervening systems and (only) assisting systems. What makes ISA systems preferable to pure speed limiters (or speed limit information systems) is the technical detail of adapting the top speed to the local speed limit, by reducing engine power.

Read More