IDEAS home Printed from https://ideas.repec.org/a/pal/palcom/v7y2020i1d10.1057_s41599-020-00644-2.html
   My bibliography  Save this article

Legal issues in automated vehicles: critically considering the potential role of consent and interactive digital interfaces

Author

Listed:
  • Jo-Ann Pattinson

    (University of Leeds)

  • Haibo Chen

    (University of Leeds)

  • Subhajit Basu

    (University of Leeds)

Abstract

Some of the first ‘automated’ vehicles to be deployed on our roads will require a system of shared driving with a human driver. While this creates technical and operational challenges, the law must also facilitate such a transfer. One method may be to obtain the driver’s consent to share operational responsibility and to delineate legal responsibility between vehicle and driver in the event of an accident. Consent is a voluntary agreement where an individual is aware of the potential consequences of their consent, including the risks. The driver of a partially automated vehicle must be informed of potential risks before giving consent to share operational responsibility. This paper will refer to the inherent dangers associated with shared operational responsibility, in particular where there has been a request for the driver to take back control from the automated vehicle during the journey. Drivers are likely to experience delay in regaining situational awareness, making such operational transfers hazardous. It is argued that where an interactive digital interface is used to convey information, such as driver responsibility, risk and legal terms, drivers may fail to sufficiently process such communications due to fundamental weaknesses in human–machine interaction. The use of an interactive digital interface alone may be inadequate to effectively communicate information to drivers. If the problems identified are not addressed, it is argued that driver consent may be inconsequential, and fail to facilitate a predicable demarcation of legal responsibility between automated vehicles and drivers. Ongoing research into automated vehicle driver training is considered as part of the preparation required to design driver education to a level whereby drivers may be able to sufficiently understand the responsibilities involved in operating a partially automated vehicle, which has implications for future driver training, licensing and certification.

Suggested Citation

  • Jo-Ann Pattinson & Haibo Chen & Subhajit Basu, 2020. "Legal issues in automated vehicles: critically considering the potential role of consent and interactive digital interfaces," Palgrave Communications, Palgrave Macmillan, vol. 7(1), pages 1-10, December.
    • Handle: RePEc:pal:palcom:v:7:y:2020:i:1:d:10.1057_s41599-020-00644-2
    DOI: 10.1057/s41599-020-00644-2
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1057/s41599-020-00644-2
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1057/s41599-020-00644-2?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Mordue, Greig & Yeung, Anders & Wu, Fan, 2020. "The looming challenges of regulating high level autonomous vehicles," Transportation Research Part A: Policy and Practice, Elsevier, vol. 132(C), pages 174-187.
    2. Lior Jacob Strahilevitz & Matthew B. Kugler, 2016. "Is Privacy Policy Language Irrelevant to Consumers?," The Journal of Legal Studies, University of Chicago Press, vol. 45(S2), pages 69-95.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Robert Martin, 2021. "AV futures or futures with AVs? Bridging sociotechnical imaginaries and a multi-level perspective of autonomous vehicle visualisations in praxis," Palgrave Communications, Palgrave Macmillan, vol. 8(1), pages 1-15, December.
    2. Zhai, Siming & Gao, Shan & Wang, Lin & Liu, Peng, 2023. "When both human and machine drivers make mistakes: Whom to blame?," Transportation Research Part A: Policy and Practice, Elsevier, vol. 170(C).
    3. Dasom Lee & David J. Hess, 2022. "Public concerns and connected and automated vehicles: safety, privacy, and data security," Palgrave Communications, Palgrave Macmillan, vol. 9(1), pages 1-13, December.
    4. Zhang, Qiyuan & Wallbridge, Christopher D. & Jones, Dylan M. & Morgan, Phillip L., 2024. "Public perception of autonomous vehicle capability determines judgment of blame and trust in road traffic accidents," Transportation Research Part A: Policy and Practice, Elsevier, vol. 179(C).
    5. Jack Stilgoe & Miloš Mladenović, 2022. "The politics of autonomous vehicles," Palgrave Communications, Palgrave Macmillan, vol. 9(1), pages 1-6, December.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jin, Ginger Zhe & Wagman, Liad, 2021. "Big data at the crossroads of antitrust and consumer protection," Information Economics and Policy, Elsevier, vol. 54(C).
    2. Mohamed Alawadhi & Jumah Almazrouie & Mohammed Kamil & Khalil Abdelrazek Khalil, 2020. "A systematic literature review of the factors influencing the adoption of autonomous driving," International Journal of System Assurance Engineering and Management, Springer;The Society for Reliability, Engineering Quality and Operations Management (SREQOM),India, and Division of Operation and Maintenance, Lulea University of Technology, Sweden, vol. 11(6), pages 1065-1082, December.
    3. Manivasakan, Hesavar & Kalra, Riddhi & O'Hern, Steve & Fang, Yihai & Xi, Yinfei & Zheng, Nan, 2021. "Infrastructure requirement for autonomous vehicle integration for future urban and suburban roads – Current practice and a case study of Melbourne, Australia," Transportation Research Part A: Policy and Practice, Elsevier, vol. 152(C), pages 36-53.
    4. Gregor Dorfleitner & Lars Hornuf & Julia Kreppmeier, 2021. "Promise not Fulfilled: FinTech Data Privacy, and the GDPR," CESifo Working Paper Series 9359, CESifo.
    5. Omri Ben-Shahar & Lior Jacob Strahilevitz, 2016. "Contracting over Privacy: Introduction," The Journal of Legal Studies, University of Chicago Press, vol. 45(S2), pages 1-11.
    6. Hansson, Lisa, 2020. "Regulatory governance in emerging technologies: The case of autonomous vehicles in Sweden and Norway," Research in Transportation Economics, Elsevier, vol. 83(C).
    7. Shi, Yunyang & Liu, Jinghan & Liu, Chengqi & Gu, Ziyuan, 2024. "DeepAD: An integrated decision-making framework for intelligent autonomous driving," Transportation Research Part A: Policy and Practice, Elsevier, vol. 183(C).
    8. Yoo, Sunbin & Kumagai, Junya & Kawabata, Yuta & Keeley, Alexander & Managi, Shunsuke, 2021. "Willingness to Buy and/or Pay Disparity: Evidence from Fully Autonomous Vehicles," MPRA Paper 108882, University Library of Munich, Germany.
    9. Schepis, Daniel & Purchase, Sharon & Olaru, Doina & Smith, Brett & Ellis, Nick, 2023. "How governments influence autonomous vehicle (AV) innovation," Transportation Research Part A: Policy and Practice, Elsevier, vol. 178(C).
    10. Gregor Dorfleitner & Lars Hornuf & Julia Kreppmeier, 2023. "Promise not fulfilled: FinTech, data privacy, and the GDPR," Electronic Markets, Springer;IIM University of St. Gallen, vol. 33(1), pages 1-29, December.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pal:palcom:v:7:y:2020:i:1:d:10.1057_s41599-020-00644-2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: https://www.nature.com/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.