Forum for Science, Industry and Business

Sponsored by:     3M 
Search our Site:


Who Should Be Legally Responsible for Autonomous Cars?

Self-driving cars that perform complex maneuvers, such as parking or keeping the lane, without the intervention of a human operator:

The development of such vehicles is the project of a new European research consortium. The legal implications of the new technology are explored by the research center "RobotRecht", which is led by legal scholar Eric Hilgendorf.

This is more than just a future scenario; at least since September 2012, it has become clear: Autonomous vehicles – in other words: cars without an active driver – might actually be encountered in road traffic, at least in the U.S. State of California. On that date, Governor Jerry Brown signed a bill allowing the operation of autonomous vehicles on public roads for testing purposes.

However, this only provided the legal framework for a project that had long become a reality. Internet giant Google had already been testing autonomous vehicles on public roads for several years, taking advantage of a gap in California regulation.

When hackers hijack a car

The following scenario has also become a real possibility: Hackers gain access to the on-board system of a passing car by radio transmission, taking control of the vehicle. In their experiments, scientists were able to infect a vehicle's on-board system with some self-developed software, allowing them, among other things, to activate the car's brakes at will or – even worse – to simply disable them. They were also able to stop the car engine, to switch the lights on and off, to activate the windshield wipers and to control the car in many other ways.

The new research consortium

The new European research project AdaptIVe is set in this context. The abbreviation stands for Automated Driving Applications and Technologies for Intelligent Vehicles. 29 research institutes, automotive suppliers and manufacturers joined forces for the project, including the Universities of Würzburg, Leeds and Trento as well as a number of major companies, such as Volkswagen, Bosch, Daimler, Ford, Opel, Renault and Volvo.

According to the project description, one of the objectives is "to develop new integrated automated functions that contribute towards enhanced traffic safety". New technologies are envisioned to minimize human errors and to optimize the traffic flow.

The Würzburg participants

On the part of Würzburg, legal scholar Professor Eric Hilgendorf participates in the project. At his research center, called "RobotRecht", he spearheads the Europe-wide research on the legal implications of these systems. Overall, the project is funded by the European Union with about 16 million euros; 230,000 euros of this money will be allocated to "RobotRecht".

"Automatic parking assistance systems, lane-keeping systems or cruise control systems in stop-and-go traffic are no longer futuristic visions, but real high-tech components, which are increasingly often included in the standard equipment of vehicles in the premium segment," explains Eric Hilgendorf. From a legal perspective, these partially autonomous vehicles are very problematic.

"For instance, who should be held liable when an automatic parking assistance system causes an accident?" the legal scholar asks. Moreover, who has the right to use the data in the event data recorder? Are manufacturers allowed to sell their customer's data to data dealers? What are the legal aspects of a case in which hackers cause a vehicle crash by means of some malicious software?

Autonomous vehicles are not allowed

Current law provides a plain answer: "Under current law, which is based on the Vienna Convention on Road Traffic, agreed in 1968, vehicles exceeding a certain level of automation are not admissible for road traffic in the first place," says Hilgendorf. This is because the regulations effective today stipulate that all vehicles must be controlled by a human driver at all times. Since the legal framework needs to catch up with the technological development, there is a particular need for legal scholars in this area. Over the next few years, Hilgendorf intends to focus his research on data protection, product liability and road traffic law.

A new legal framework is required

Current law provides that the driver has sole responsibility for safe driving; hence the legal minimum requirement that he should be able to control his vehicle at all times. While this requirement is more or less compatible with the driver assistance systems in use today, things are different when it comes to autonomous vehicles. "In this case, the criterion of the driver's control is no longer suitable as a basis for legal provisions," says Hilgendorf. The fundamental technological change makes an adaptation of the legal framework indispensable – at a European level. Just a few weeks of work won't do the trick. Hilgendorf is sure about this: We have a mountain of legal work to do before the first robotic cars can drive on European roads.

Contact person

Prof. Dr. Dr. Eric Hilgendorf, Department of Criminal Law, Criminal Justice, Information and Computer Science Law, T: +49 (0)931 31-82304,

Gunnar Bartsch | Uni Würzburg
Further information:

More articles from Transportation and Logistics:

nachricht Bremen University students reach the final at robotics competition with parcel delivery robot
19.10.2016 | BIBA - Bremer Institut für Produktion und Logistik

nachricht Discovering electric mobility in a playful way
18.08.2016 | Fraunhofer-Institut für Arbeitswirtschaft und Organisation IAO

All articles from Transportation and Logistics >>>

The most recent press releases about innovation >>>

Die letzten 5 Focus-News des innovations-reports im Überblick:

Im Focus: New 3-D wiring technique brings scalable quantum computers closer to reality

Researchers from the Institute for Quantum Computing (IQC) at the University of Waterloo led the development of a new extensible wiring technique capable of controlling superconducting quantum bits, representing a significant step towards to the realization of a scalable quantum computer.

"The quantum socket is a wiring method that uses three-dimensional wires based on spring-loaded pins to address individual qubits," said Jeremy Béjanin, a PhD...

Im Focus: Scientists develop a semiconductor nanocomposite material that moves in response to light

In a paper in Scientific Reports, a research team at Worcester Polytechnic Institute describes a novel light-activated phenomenon that could become the basis for applications as diverse as microscopic robotic grippers and more efficient solar cells.

A research team at Worcester Polytechnic Institute (WPI) has developed a revolutionary, light-activated semiconductor nanocomposite material that can be used...

Im Focus: Diamonds aren't forever: Sandia, Harvard team create first quantum computer bridge

By forcefully embedding two silicon atoms in a diamond matrix, Sandia researchers have demonstrated for the first time on a single chip all the components needed to create a quantum bridge to link quantum computers together.

"People have already built small quantum computers," says Sandia researcher Ryan Camacho. "Maybe the first useful one won't be a single giant quantum computer...

Im Focus: New Products - Highlights of COMPAMED 2016

COMPAMED has become the leading international marketplace for suppliers of medical manufacturing. The trade fair, which takes place every November and is co-located to MEDICA in Dusseldorf, has been steadily growing over the past years and shows that medical technology remains a rapidly growing market.

In 2016, the joint pavilion by the IVAM Microtechnology Network, the Product Market “High-tech for Medical Devices”, will be located in Hall 8a again and will...

Im Focus: Ultra-thin ferroelectric material for next-generation electronics

'Ferroelectric' materials can switch between different states of electrical polarization in response to an external electric field. This flexibility means they show promise for many applications, for example in electronic devices and computer memory. Current ferroelectric materials are highly valued for their thermal and chemical stability and rapid electro-mechanical responses, but creating a material that is scalable down to the tiny sizes needed for technologies like silicon-based semiconductors (Si-based CMOS) has proven challenging.

Now, Hiroshi Funakubo and co-workers at the Tokyo Institute of Technology, in collaboration with researchers across Japan, have conducted experiments to...

All Focus news of the innovation-report >>>



Event News

#IC2S2: When Social Science meets Computer Science - GESIS will host the IC2S2 conference 2017

14.10.2016 | Event News

Agricultural Trade Developments and Potentials in Central Asia and the South Caucasus

14.10.2016 | Event News

World Health Summit – Day Three: A Call to Action

12.10.2016 | Event News

Latest News

Resolving the mystery of preeclampsia

21.10.2016 | Health and Medicine

Stanford researchers create new special-purpose computer that may someday save us billions

21.10.2016 | Information Technology

From ancient fossils to future cars

21.10.2016 | Materials Sciences

More VideoLinks >>>