From semi to fully autonomous vehicles: New emerging risks and ethico-legal challenges for human-machine interactions

Thierry Bellet,Martin Cunneen,Martin Mullins,Finbarr Murphy,Fabian Pütz,Florian Spickermann,Claudia Braendle,Martina Felicitas Baumann

doi:10.1016/j.trf.2019.04.004

Abstract

The provision of an adequate liability regime for ADAS technologies is an essential prerequisite for its roll out over the coming decade. Facing to the challenge of future highly automated vehicles, this paper proposed a Human-Machine Transition (HMT) approach as a common conceptual framework for considering Human Machine Interaction (HMI), liability and ethical issues in a unified way. The issues that arise are interrogated from a legal perspective, more specifically liability regimes and that of applied ethics. The paper highlights the issue of the handover/takeover. Potential consequences for insurance companies are then identified accordingly, with the aim to progress towards the sustainable deployment of automated vehicles on public roads.

Highlights

Vehicle automation challenges and ethico-legal issues for Human Machine Interaction (HMI)Current thinking on the process of introducing fully autonomous vehicles suggests that the technology will need to pass through a phase in which the driving task will be shared by the human driver and the vehicle
The development of current HMI management strategies relating to Advanced Driving Aid Systems (ADAS) is best contextualised in the historical development of on-board driving aid systems
The analysis presented in the tables above is derived from the expertise of insurance professionals working in the field of assisted and automated driving

Summary

Introduction

Current thinking on the process of introducing fully autonomous vehicles suggests that the technology will need to pass through a phase in which the driving task will be shared by the human driver and the vehicle. The recent emergence of highly automated and fully autonomous vehicles (from Levels 3 to 5 of the SAE classification, 20142) introduced a totally new situation, regarding the HMI, and in terms of their consequences for liability regimes and related ethical and legal issues (Kyriakidis et al, 2017) This disruptive technological evolution underscores the urgent need to define a conceptual framework which facilitates a combined analysis of Human-Machine Interactions and related ethico-legal ramifications with a view to anticipating the development and nearfuture deployment of highly automated vehicles on public roads and managing any attendant problems. Implications for insurance companies will be considered on the basis of this conceptual framework

The new ‘‘Risk Balance” due to modern ADAS and vehicle automation

HMI management strategies and related legal issues for existing ADAS

The new challenges introduced by high automation and autonomous vehicles

HMT-based ‘‘key questions’’ for insurance and liability

Conclusion