Car owners in Japan to be responsible for self-driving accidents, says govt panel

By THE STAR | 22 March 2018


TOKYO: The owner of a self-driving vehicle will be responsible, in principle, if the automobile is involved in an accident, according to a report by an expert panel of Japan's transport ministry released on Tuesday.

However, if a vehicles system clearly malfunctions, the automaker will bear the responsibility, it said. The report covers how liability insurance should function for such accidents.

Progress is needed in a variety of areas if self-driving cars are to be a realistic form of transportation. These include how to provide compensation when accidents occur, setting rules under the Road Traffic Law and other legislation, and creating vehicle safety standards.

The panel has started work on creating rules for the liability insurance all vehicle owners must purchase.
The report states that as a rule, if an accident occurs during high-level automatic driving when the vehicle, not a person, is in control, the owner will still be considered responsible for the incident.

If there is a problem with the vehicle, the manufacturers responsibility may be scrutinised. However, many analysts feel that amid the current state of affairs, it would be difficult to prove that a vehicle was defective. Therefore, the report stated that priority would be given to providing restitution to the victim, making the owner bear the responsibility, in principle.

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The report also said self-driving vehicles need to be equipped with devices that record driving data, so the cause of an accident can be analyzed quickly.

Liability insurance would be covered by the insurance fees paid by owners of self-driving vehicles. A framework will be created so that the insurance company can seek compensation if the manufacturer is later found to be responsible.

If an accident is caused by the hacking of a self-driving system, it would be treated like an accident caused by a stolen car, with the government providing restitution. The owner would not be held responsible.

To pay the victims of accidents caused by hacking, the government would use some of the fees paid for liability insurance.

However, the owner would be held responsible if the vehicle was not equipped with sufficient security measures to ensure safe driving.

Further, if a driver of a self-driving vehicle is injured or killed by an accident the vehicle itself caused, it would be dealt with under voluntary insurance, as is done now. Liability insurance is only meant to cover damage to others, such as pedestrians.

This report is only meant to cover up to what is called Level 4 self-driving, which occurs under certain conditions, such as on expressways. It is to be applied during a transitional period from around 2020 to 2025.

The report stated that careful consideration was needed regarding whether owners would also be held responsible for Level 5, or complete, self-driving. Technological developments and the degree of introduction would be taken into consideration in making this decision.

Critics have said the government has been slow to create systems for self-driving vehicles, such as deciding where the responsibility for accidents lies.

Germany has moved more quickly, enacting legislation that makes vehicle owners responsible for accidents, and with major insurance companies and automakers working together on compensation for victims.

The Japanese government plans to release an outline by the end of the fiscal year on creating a system to enable self-driving, including the rules from the latest report. — The Japan News

 

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