At present, low carbonization, intelligence, and information technology have gradually become important research directions for the development of the modern automobile industry. Smart cars are important technologies for promoting the sustainable development of the automotive industry, and also an inevitable trend for the development of the automobile industry in the future. However, smart cars do not have the current policies and laws and regulations to support and regulate. How to regulate the development of smart cars is a major issue that needs to be solved in all countries in the world today.
Therefore, the article analyzes the laws of smart cars and makes recommendations. First, study the current laws and regulations of our country, and revise the relevant clauses that hinder the development of autonomous driving. Second, on the basis of reference to foreign legislation, combine the legal norms and basic national conditions in our country, improve relevant laws to promote the development of smart cars in China.
1, the status of smart cars development
The research of the United States, Europe and Japan in the field of intelligent transportation was developed earlier. They have conducted in-depth research from the aspects of vehicle intelligence and traffic informationization, and a large number of industrialization achievements have been formed.
The United States relied on the government’s strong R&D system to focus on the development of the network and the development of the automotive industry based on V2X.
Europe has a world-leading manufacturer of automotive electronic components and complete vehicle companies. Autopilot technology is relatively advanced. On October 11, 2017, Audi officially released the Audi A8, which was the first production vehicle to reach Level 3 autopilot, but it was controversial in its use. Whether or not the technology can serve consumers after mass production needs to be allowed through the traffic regulations of various countries. At present, only Germany and several states in the United States can legally allow automatic driving of the A8.
Japan has a good infrastructure for transport facilities, and the level of autopilot technology is steadily advancing, keeping pace with the construction of intelligent traffic road facilities. The Toyota SIP-adus project, the research and development of self-driving cars, is a Japanese revival plan promoted by the Japanese cabinet government. It will focus on joint industry, academia, and government agencies to promote the development and application of technology. At the same time, car companies are encouraged to carry out international R&D cooperation. Nissan has been cooperating with many top universities for years to develop fully-automated driving vehicles.
The U.S., European, and Japanese governments have issued a national strategic plan to promote the development of smart car technologies in the related areas such as traffic environment and network integration, and defined smart car development goals, timetables, and technical routes, etc., for the development and rapid application of smart cars. Established a good environment.
China’s autonomous driving technology has a relatively late start-up time and some distances from foreign countries, but it also achieved a number of phased results. The domestic smart car industry has initially developed, as shown in Table 1. Internet companies have also made significant inroads into the automotive industry. Baidu, ZTE Smart and SAIC Ali have emerged. Among them, Baidu released an Apollo strategic plan in April 2017 to provide a new software platform for the automotive industry and autonomous driving. At the same time, some domestic research institutes also actively carry out research, and the National Natural Science Fund special fund also strongly supports research on smart cars.
Table 1 Test models of domestic smart cars
2. The progress of overseas legislation on smart cars
While smart car technology is rapidly developing and displaying great prospects, the pace of smart car legislation is relatively backward. The first incident in which the Model S car caused the driver to die in an automatic driving mode put the issue of legislation on smart cars in front of the public. Tesla claims that it has safely traveled more than 200 million kilometers in its Autopilot mode, which is the first case of death. The data shows that an average of 150 million kilometers of manual driving has resulted in a fatal traffic accident. Obviously, automatic driving is safer than manual driving. Traffic laws for artificial driving obviously cannot be applied to smart cars. At present, all countries in the world have conducted relevant research on auto-driving policies and regulations.
In March 2016, the United Nations officially entered into force the amendments to the Autonomous Vehicles of the Vienna Convention (Road Traffic): Automated driving technology can be applied to transportation in the event that it complies with the UN vehicle management regulations or automated driving. This rule modification equates to the recognition of the legal status of autonomous driving. The revision of the Vienna Convention removes regulatory obstacles for the application of advanced driver assistance systems and autonomous driving techniques.
The United States is at the forefront of the world in the development of autonomous driving technology, and the pace of legislation is also faster. In 2014, the US Department of Transportation and the United States Intelligent Transportation System (ITS) proposed the ITS Strategic Plan 2015 ~ 2019, which provides direction for the development of the United States in the field of intelligent transportation in the next five years. The intelligentization and network integration of the automobile is the The core of the strategy is the technical means on which the United States resolves its traffic problems. Development goals include:
Improve vehicle and road safety;
Strengthen traffic mobility;
Reduce environmental impacts;
Promote innovation;
Support traffic information sharing.
In 2016, the U.S. government introduced the "Federal Autopilot Car Policy", which is a landmark for the development of self-driving cars. The policy encourages states to allow them to independently regulate the application and performance standards of highly automated driving vehicle (HAV) technology.
According to incomplete statistics, 23 states in the United States have issued 53 laws on autonomous driving:
As early as 2011, Nevada passed the law for the legalization of self-driving cars and promulgated a series of relevant management laws and regulations, including the definition of self-driving cars and the process of applying for drive tests.
At the end of 2016, the latest legislation passed by Michigan not only acknowledged the legitimacy of autonomous driving, but also allowed traditional car companies and technology companies to conduct business operations such as vehicle sharing on any road in the state. At the same time, if autonomous vehicles pass the state's tests and certifications, they are allowed to be sold to consumers. This bill aims to promote the research and development of smart cars in state companies.
In 2014-05, the California Vehicle Management Department announced that it will allow self-driving cars to be on the road since 2015 through the public road driverless vehicle test regulations.
On July 27, 2017, the United States House of Representatives unanimously passed the two-party bill, the Self Drive Act, to manage the production, testing and distribution of self-driving cars for the first time. This bill may be the first U.S. federal law to speed up the listing of self-driving vehicles, with a benchmark value and significance.
The EU is also actively conducting related studies to promote the rapid development of automated driving by amending existing laws and regulations concerning driving:
The United Kingdom allows unmanned cars to be tested on public roads, requires vehicles to be equipped with testers and is responsible for the safety of the vehicles, and has specific requirements for the training of insurance, infrastructure and testers.
In 2014, Spain amended the traffic regulations, but still required the driver to be with the vehicle and be able to control the vehicle at any time.
Research from the Swedish Ministry of Transport shows that the current law allows the testing of highly automated driving vehicles, but the "vehicle regulations, driving license rules and liability regulations" still need to be modified.
The Finnish Ministry of Transport plans to amend the current road traffic regulations to allow self-driving vehicles to be tested in specific areas of public roads but it needs to be approved.
In May 2017, the Federal Senate of Germany issued a bill that allows self-driving cars to be tested on public roads. In the case of self-driving vehicles that can control the steering wheel and brakes on their own, the driver can leave the steering wheel, go online, and browse the mail. All are allowed.
3, smart car legislation key items
In order to integrate the key technologies of smart cars and the legislative process in foreign countries, smart car legislation needs to focus on the establishment of four key systems.
3.1 Road Test System
In the testing process, smart vehicles should support the selection of roads and the construction of road facilities with relevant laws and regulations to ensure the orderly development and smooth progress of the testing process. The system should require that the conditions of the test road can meet the test of basic scenes of smart cars, such as straight-line driving lanes, lane changes, overtaking, automatic emergency braking, and parking at red lights. During the road testing process, the conditions of the vehicle, the interaction between the vehicle V2V and the V2I, etc. shall be recorded in a timely manner. Based on the above data, the improvement of the smart vehicle shall be further carried out.
3.2 Insurance System
The definition of accident liability for automatic driving has always been a difficult point in legislation, and it will lead to a delay in compensation. The difficulties in automobile insurance hinder the development of smart cars. The insurance rules must first address the issue of compensation for victims. After an accident occurs in the smart car in the automatic driving mode, the victim will receive compensation from the insurance company at the first time, and then solve the problem of attribution of liability. The company can request the corresponding damages to the specific party responsible for the accident. This is not because the responsible person is difficult to determine and cannot be legally responsible, and it will not attack the enthusiasm of developers and consumers because of too many legal responsibilities.
3.3 Operational reporting system
The vehicle management department supervises the running status of smart cars to ensure the safety of vehicles and people inside and outside the car, and determines the development and innovation of smart cars. Based on this, the vehicle operation reporting system has become one of the key items of legislation. When an accident occurs in a vehicle, regardless of whether the accident results in property damage or casualties, the tester must report the time, place and reason of the accident to the management department. The tester must submit an annual summary to the vehicle management department.
The annual summary should include the reasons, time, and necessary circumstances for vehicles to be converted from automatic driving mode to manual driving mode. The report can make regulators aware of relevant technical indicators and safety performance of smart cars, and obtain practical references for formulating and improving management contents. It can also enable enterprises to understand specific conditions, conduct objective assessments and research, and improve problems found in the testing process. Further research and development and upgrading of technology.
3.4 Information Security System
The development of smart car technology requires cross-border integration of the automotive and Internet industries. In the actual operation of smart cars, the automotive industry and the Internet industry need in-depth cooperation to jointly prevent potential security threats. At the same time, the relevant laws can be planned for the basic security measures of the vehicle to check whether the vehicle uses some standardized predefined security codes.
4, China's smart car legislation recommendations
Judging from the current policy in our country, the state encourages the development of automotive technology and the development of intelligent transportation. However, according to the specific provisions made by manual driving, there are no specific chapters to specify the specifications for smart cars under driverless conditions. Since China's automakers are not allowed to test autopilot cars on the road before the introduction of specific policies, it is urgent to formulate a programmatic policy that will lead the development of smart cars.
China should establish a legal automatic driving system as soon as possible.
1) The need to clarify the concept of autopilot
Domestic auto companies have different definitions of autopilot, so the grading is different. The unclear concept will lead to the unclear positioning of the company's development. Therefore, it is necessary to establish standards for autonomous driving so that enterprises can determine their future development orientation and goals according to their own situation and technical direction, and at the same time, they can also provide a more equitable competitive environment.
2) Revise or reformulate existing laws and regulations
It is necessary to affirm that smart cars carry out road tests, and at the same time clearly define the road sections and environments tested, the responsibilities of manufacturers, and the content of supervision in relevant laws. To apply for a test on the road, the vehicle shall be audited in accordance with laws and regulations, and the license shall be obtained after the examination and approval, and shall follow the route designated by the public security organ.
3) Relevant laws and regulations are required to regulate the responsibility
Relevant laws and regulations can clearly require that all smart cars must have "black boxes" installed inside them to record the details of different phases of the car's driving. This can clarify the responsibility for traffic accidents. If it is found that the accident occurred in the manual driving stage, the driver assumes the corresponding responsibility; if it occurs in the automatic driving mode (system failure), the automobile manufacturer bears the corresponding responsibility. As to whether smart cars can be used as operating vehicles, they also need to be considered in legislation.
4) Advanced legislative work can be carried out in the demonstration area
Shanghai, Chongqing, Suzhou and Beijing have built intelligent network demonstration areas for on-the-spot testing of intelligent networked vehicles. In the demonstration area, a variety of car driving environments, such as expressways, urban roads, and suburban roads, can be simulated, and the relevant norms and standards can be determined by studying the operation status of autonomous vehicles in the demonstration area.
5 Conclusion
With the continuous progress of science and technology, the trend of developing "smart cars" has become inevitable. Smart cars will not only bring about major changes in the automotive industry, but will also change human driving habits and lifestyles. To promote the development of the smart car industry, improving legislation is one of the core elements. Sound laws can make laws and regulations for smart car companies and regulators a reality, thus eliminating unnecessary problems. Therefore, strengthening the research and development and innovation of smart car technology must go hand in hand with the legal and regulatory issues involved in the research, lay the foundation for the improvement of China's relevant laws, and help the healthy development of China's smart car industry.
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