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BSI PD ISO/TR 17427-8:2015

$142.49

Intelligent transport systems. Cooperative ITS – Liability aspects

Published By Publication Date Number of Pages
BSI 2015 32
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The scope of this Technical Report is an informative document to identify potential critical liability issues that C-ITS service provision may introduce; to consider strategies for how to control, limit or mitigate such liability issues; and to give pointers, where appropriate, to standards deliverables existing that provide specifications for all or some of these aspects, and to limit the risk of exposure to the financial consequences of liability issues.

The objective of this Technical Report is to raise awareness of and consideration of such issues. This Technical Report does not provide specifications for solutions of these issues.

PDF Catalog

PDF Pages PDF Title
7 Foreword
9 Introduction
10 1 Scope
2 Terms and definitions
11 3 Abbreviations and acronyms
12 4 How to use this Technical Report
4.1 Acknowledgement
4.2 Guidance
4.3 C-ITS ‘Liability’ aspects
14 5 What are the key liability issues
5.1 Effects of different types of C-ITS applications technology risk
15 5.2 Crash causation
16 5.3 Types of parties in C-ITS
17 5.4 Human factors
5.5 What is the standard of safety expected?
6 Legal Status
6.1 Regional and National variations
6.1.1 General
18 6.1.2 Europe
6.1.3 USA
19 6.1.4 Australia
6.1.5 China
6.1.6 Japan
6.1.7 Other Countries
6.2 Driver remains in charge
20 6.3 Tort
6.3.1 General issues regarding ‘tort’
21 6.3.2 Consequences of ‘breach of duty’
22 6.3.3 Contract law
6.4 Product liability
6.5 Compulsory third party systems
23 7 Policy questions and options
7.1 General
7.2 Option 1: Continue current approach
7.3 Option 2: Enact specific C-ITS liability laws to clarify issues
7.4 Option 3: Non-legislative approaches
24 7.5 Option 4: Information and education campaigns
8 C-ITS Actors and Liability
8.1 C-ITS and jurisdictions
8.2 C-ITS and road operators/managers
25 8.3 C-ITS and manufacturers
8.4 C-ITS information/application service providers
8.5 C-ITS and drivers
26 9 Summary of findings
9.1 General
9.2 Explicit regulation by jurisdictions
27 9.3 ‘Opt-in’ to service provision
9.4 Advisory systems — Driver remains in charge
9.5 Interventionist systems
9.6 Service providers need to make users aware and limit risks through ‘opt-in’ conditions of use
9.7 Manufacturers need to test thoroughly and have explicit conditions of use
9.8 Need for ‘audit trail’
9.9 Minimize the points of opportunity of failure
9.10 Advise driver of status of systems
9.11 Human factor considerations will be critical
28 9.12 Road managers need to assess and manage risk implications
9.13 Expectations will change
9.14 Clear guidance and regulation required
9.15 Driver training
29 Bibliography
BSI PD ISO/TR 17427-8:2015
$142.49