Autonomous Vehicles

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Autonomous Vehicles

Tracing the Locus of Regulation and Liability

9781803924427 Edward Elgar Publishing
Atilla Kasap, AFB School of Law, Ondokuz Mayis University, Turkey
Publication Date: 2022 ISBN: 978 1 80392 442 7 Extent: 214 pp
Delving deep into the emerging international and federal statutory and legislative developments surrounding Autonomous Vehicle (AV) technologies, Atilla Kasap assesses whether current motor vehicle regulations, liability law and the liability insurance system are fit for purpose today and in the future.

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Delving deep into the emerging international and federal statutory and legislative developments surrounding Autonomous Vehicle (AV) technologies, Atilla Kasap assesses whether current motor vehicle regulations, liability law and the liability insurance system are fit for purpose today and in the future.

Making a significant and novel contribution to the field, this cutting-edge book comprehensively surveys the promises offered by AVs, including radically reduced road incidents, and economic, environmental and societal benefits, alongside the significant regulatory and liability problems the technology faces. Kasap finds that, as AVs are one of the most significant and profound technological advances of the 21st century, relying on machine learning and pattern recognition systems to function, the current liability regime surrounding them requires a rethinking. Critically analysing the tort liability of AVs, chapters deconstruct and reconstruct a tort law regime for AVs, ultimately solving how policymakers should approach the challenges faced in regulating and enacting AV legislation.

Interdisciplinary in approach, it will prove invaluable to students and scholars of computer science and law, particularly those studying AI and robotics law, and those interested in the regulation and governance of AV technology. It also offers vital tools for policymakers seeking concrete principles on which to define potential laws and regulations for AV technology.
Critical Acclaim
‘Kasap provides an excellent legal analysis of autonomous vehicles based on artificial intelligence (AI). The obvious concern around autonomous vehicles (AVs) is safety. Kasap cites accident statistics to show that AI has the potential to reduce the number of accidents caused by human mistakes and negligence. But before AI-based autopilots become a perfect system, issues will arise. Kasap reviews the legal context today and directions for the near future, discussing the most significant areas of law affecting AVs, considering both international law and US federal statutes (the tort law regime) and including in-depth discussion of liability laws and liability insurance. This analysis is applicable not only to AVs. The technologies that enable autonomy in cars are foundational in many other fields, e.g., robotics, manufacturing systems, aviation/drones, and various military applications. Any cyber-physical system that uses sensors, networks, computing, and a form of movement can be subject to the laws discussed here. Indeed, “malfunction theory” can extend to all kinds of computation with complex algorithms. The text is well referenced and will be invaluable for legal professionals specializing in cases involving AI. Technologists involved in designing and building autonomous systems will also find it useful because Kasap employs language that can reach readers without a legal background.’
– J. Brzezinski, CHOICE

‘For anyone interested in any aspect of autonomous vehicles, from the history of efforts to replace drivers, captains, and pilots, to the technology that will enable that replacement, to the legal reforms required to enable the use of autonomous vehicles, to the disruptive effects they will have on the tort system, this is a comprehensive, readable, and well-constructed source for that information.’
– Michael D. Green, Washington University in St. Louis, School of Law, US

‘An incisive book addressing issues of liability arising from the use of autonomous vehicles as well as the appropriate timing and scope of regulation in this area. Kasap offers an original and insightful analysis of the current legal and regulatory framework in the US that is up to date with the latest relevant technological developments and scholarly contributions.’
– Apostolos Chronopoulos, Queen Mary University of London, UK
Contents
Contents: Introduction to regulatory and liability-related questions posed by autonomous vehicles PART I A BRIEF PRIMER ON AUTONOMOUS VEHICLES (AVs) 1. Paving the way: defining the “autonomy” and “automated” of autonomous and automated vehicles 2. The historical development of AVs 3. Autonomous vehicle technology and the state of the art PART II STATUTORY AND REGULATORY REFORMS OF AV TECHNOLOGY:INTERNATIONAL AND U.S. FEDERAL APPROACHES 4. Introduction to Part II 5. International approach 6. Federal law of the United States of America 7. Concluding remarks PART III DECONSTRUCTING AND RECONSTRUCTING A TORT LAW REGIME FOR AVs 8. Introduction to Part III 9. Setting the scene: which entity is “the manufacturer”? 10. Strict product liability 11. Negligence 12. Misrepresentation 13. Proving defect and negligence 14. The case for owners’ liability 15. The possible role of the insurance industry Conclusive remarks on the interaction between law and
autonomous vehicles References Index
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