For many decades, autonomous cars were rather futuristic and unrealistic visions of the world described by authors of science-fiction novels and directors of Hollywood action films. Recent technological discoveries have allowed scientists to create the first prototypes of this type of vehicle, which were quickly tested on the streets of major cities around the world, including San Francisco [1]. In the United States, approval for autonomous cars is granted by the California Public Utilities Commission [2]. To date, the commission has already granted several such approvals, including to the US company Cruise. The company made headlines in 2022 when one of Cruise’s autonomous Chevrolets was stopped by police officers [3]. The car unexpectedly drove away from the police officers during the inspection, who immediately set off in pursuit. Eventually, the Chevrolet stopped behind the next intersection.
Although the development of electromobility in terms of autonomous driving is an extremely futuristic and innovative vision, it also brings with it a number of potential risks, particularly related to road safety, and poses the problem of assigning possible liability for causing damage. In addition, as warned by some in the scientific community, the growing popularity of devices using electricity as an alternative fuel will increase consumption and thus the demand for electricity.
The development of electromobility is contributing to an increase in demand for electricity. According to forecasts, by 2050, electromobility-related demand for electricity in Europe could be as high as 8% of total energy demand [4]. In the case of Poland, assuming that one million electric cars will be on the roads, this means an additional demand for electricity in the range of 2 to more than 4 TWh per year. It is possible that this demand will vary geographically. In particular, there will be greater demand in large urban areas, especially in the evening when electric cars are plugged in for charging. Rural areas may also pose a challenge for distribution system operators, as a large number of electric cars may overload old and depleted rural substations, which often lack remote regulation. The transition of public transport to electric vehicles poses an additional challenge for the electricity grid. According to forecasts, in Poland almost one third of the bus fleet could be powered by electricity as early as 2025, which will undoubtedly generate higher energy costs [5]. Therefore, to enable the development of electromobility, it is necessary to expand vehicle charging infrastructure and increase energy production.
On the other hand, the growth of electromobility can benefit the electricity system. Problems with the lack of adequate grid infrastructure, which are currently a barrier to the development of electromobility, can provide a good pretext for the modernisation and expansion of the electricity grid. While preparing new investments in the development of charging points, plans for the expansion of the distribution network can be developed at the same time.
Autonomous cars in Polish law
Given the buoyant development of new technologies, also in the field of electromobility, the legislator should prepare legal norms for the potential future appearance of autonomous cars on the roads. A lack of forward thinking may lead to the situation that occurred in Polish law at the time of the intensive spread of electric scooters. The late regulation of these issues resulted in uncertainty about the law on the part of e-scooter users [6].
At present, there are no provisions in the Polish legal order that would allow the actual use of fully autonomous cars on public roads. According to Article 2(20) of the Act of 20 June 1997. – Road Traffic Law, a driver means a person who drives a vehicle or a group of vehicles, as well as a person who leads a column of pedestrians, rides a horse or drives animals singly or in a herd. What is therefore missing from the cited definition is the recognition that in modern times, the driver as an individual may not exist at all, and that the entire process of controlling the vehicle rests with an artificial intelligence system. Similarly, the law defines the term driver to mean a person authorised to drive a motor vehicle or moped. However, the situation is different with regard to various types of systems that perform certain tasks autonomously, taking the driver’s place. For example, adaptive cruise control is capable of automatically regulating the speed of the vehicle, but any intervention by the driver immediately disengages the system and the driver gains full autonomy. This type of quasi-autonomy is regulated by Polish law, with car manufacturers equipping their cars with various types of AI-based systems.
As of 2018, special regulations have been introduced to facilitate research work related to autonomous vehicles. Pursuant to Article 65k of the Road Traffic Act, whenever an autonomous vehicle is referred to in this section, it should be understood as a motor vehicle equipped with systems that exercise control over the movement of that vehicle and allow it to move without interference from the driver, who can take control of the vehicle at any time. However, Article 65l of the aforementioned act regulates the issue of authorisations to test autonomous vehicles in road traffic on public roads. According to paragraph 1 of this provision, research work related to the testing of autonomous vehicles in road traffic on public roads, in particular for the use of autonomous vehicles in public transport and the performance of other public tasks, is possible, provided that the safety requirements are met and that the work is authorised. This permit shall be issued, by way of a decision, by the traffic management authority of the road on which the research work is planned to be carried out, upon a written request of the organiser of the research work. As the law currently stands, on national roads, traffic is managed by the General Director of National Roads and Motorways, on voivodeship roads – by the marshal of the voivodeship, while on county and municipal roads – by the starost. Subsequent provisions after Article 65l of the Road Traffic Act regulate, inter alia, the issues of refusal to issue, revocation and suspension of the permit for testing autonomous vehicles on roads, as well as statute the obligations of the organisers of research works – e.g. enabling police officers to perform the relevant actions in relation to the vehicles, ensuring that, during the research work, there is a person in the driver’s seat of the autonomous vehicle who is authorised to drive the vehicle and who can take control of the vehicle at any time, or making public information about the planned research work and the route along which the autonomous vehicle will be driven.
Civil liability for damage caused by an autonomous vehicle
For the issue under contract, from the perspective of road users, the question of civil law liability for damage caused by an autonomous car is relevant. Civil law distinguishes three basic principles of liability: the principle of fault, the principle of risk and the principle of equity. The latter is primarily concerned with the liability of the State Treasury for the activities of public administration bodies, and therefore goes beyond the subject of this article.
According to Article 436 of the Civil Code:
Ҥ 1. The liability provided for in the preceding Article shall also be borne by the holder of a mechanical means of communication moved by means of natural forces. However, where the sole holder has put the means of communication into dependent possession, the dependent holder shall be liable.
§ 2. In the event of a collision between mechanical means of transport moved by means of natural forces, the persons mentioned may mutually claim compensation for the damage suffered only on general principles. Also only on general principles are these persons liable for damage caused to those whom they are transporting out of courtesy”.
Consideration of the fit between damage caused by autonomous vehicles and the civil law rules of liability for damages was undertaken by W. Rabaczynski in his article entitled “The question of whether a vehicle’s movement should be a prerequisite for liability for an autonomous vehicle”. “Should vehicle movement be a premise of liability for an autonomous vehicle?”. As the author considers “[…] in relation to an autonomous vehicle, using classical terminology, from the holder’s point of view, the most important thing is that he possesses the vehicle and not that the vehicle is in motion. […] civil liability should be detached from the concept of movement and the various possibilities of understanding this concept. An autonomous vehicle generates a certain level of risk of damage (despite the existence of systems designed to reduce this risk) and this risk is not necessarily linked to the movement of the vehicle, understood in a physical or even functional way […] the proposal arising from the observations made above is simple: consideration should be given to abandoning the concept of movement as a premise for civil liability for motor damage. This applies in particular to autonomous vehicles, in respect of which ‘movement’ ceases to be the link between the vehicle and its keeper” [7].
On the other hand, according to the view of Ł. Frącczek and M. Matusiak-Frącczak, expressed in an article on civil liability for traffic accidents involving autonomous vehicles, “As in the case of traditional motor vehicles, it can be assumed that since the owner of an autonomous vehicle has decided to acquire and use it, he should be liable for the damage caused by the vehicle on a strict liability basis” [8].
Directions for change
The presence of autonomous vehicles on city streets will completely revolutionise the way people move around. Already today, in highly developed countries, consumers can use autonomous taxis, and the innovation and effectiveness of these solutions – despite the fact that they are only at the implementation stage – is appreciated by their users. As reported by Rzeczpospolita.pl, citing data on the autonomous vehicle market in the state of California, “California is the Mecca of autonomous driving. The figures for incidents involving autonomous cars are down. […] The number of reported kilometres driven autonomously by all manufacturers is approximately 6.5 million. A total of 1175 vehicles have been used for this purpose.” [9]. The gradual development of the technologies in question may create a sense of insecurity in some professional groups, especially on the part of drivers.
Autonomous vehicles are just one example of the applications of artificial intelligence technology to introduce innovative communication methods and revolutionise the transport segment. Less spectacular, but certainly very important, is the rational management of traffic by analysing congestion in particular areas of the city. Appropriate algorithms are able to solve problems concerning the increasingly frequent traffic congestion, which will be the gateway for the implementation of further new solutions in the intelligent transport segment.
From a regulatory perspective, it is also worth noting two acts under way at EU level that may be of key importance for the development of AI in the European Union. With the resilient development of artificial intelligence technology, public opinion is increasingly raising the need for appropriate legal regulations that would resolve ambiguities in the current normative state. The Polish government authorities (Ministry of Justice) emphasise the necessity of introducing appropriate regulations, however – due to the regulation procedure at the EU level – until the enactment of directives, some national entities are holding back broader legislative activities in this regard. “The Ministry of Justice indicates that it has high hopes that artificial intelligence will contribute in the future to, for example, streamlining court proceedings. At the same time, it is aware of the risks, but points out that the issue of regulation is currently ongoing at EU level, so the national legislator will wait for the results for the time being. – Two AI regulations are currently being worked on in the EU – the draft AI liability directive and the draft AI regulation, the MS explains.” [10]. Currently, there are no normative acts in the national legal order that directly regulate the issue at hand. The general outline of the future legislation can be vaguely interpreted from Resolution No. 196 of the Council of Ministers on the establishment of the ‘Policy for the development of artificial intelligence in Poland from 2020 (M.P. of 2021, item 23). Due to the nature of the act, which does not bear the features of universally binding law, it is addressed primarily to the internal organisational structures of the Polish government. The minister responsible for informatisation is responsible for the implementation of the plan. Work on the two basic normative acts that are to unify and harmonise regulations on artificial intelligence at the EU level is at a relatively advanced stage.
- AI ACT – Regulation of the European Parliament and of the Council Establishing Harmonised Legislation on Artificial Intelligence (AI Act) and Amending Certain Union Legislative Acts – the draft has been approved by the Internal Market Committee and the Civil Liberties Committee. It is currently at the first reading stage in the European Parliament, which – together with a vote to allow further proceedings – is expected to take place during the plenary session on 12 – 14 June 2023.[11] The key issue introduced by the AI ACT is the categorisation of artificial intelligence systems into 4 categories: unacceptable (their use is to be banned outright), high risk (their marketing requires that the relevant criteria are met), limited and minimal risk[12] .
- AILD – Directive of the European Parliament and of the Council on the adaptation of non-contractual civil liability rules to artificial intelligence (Artificial Intelligence Liability Directive) – according to EUR-Lex, work is currently ongoing in committees and therefore no date has been set for the first reading of the draft in the EP plenary.
The European Union, through legislative action, can therefore introduce solutions that will significantly influence the further development of the artificial intelligence segment in the community. While regulations are certainly needed, care must be taken with the rationing of this sector. Overly restrictive regulations could halt technological progress in AI.
REFERENCES:
[1] https://www.benchmark.pl/aktualnosci/autonomiczne-taksowki-waymo-na-ulicach-san-francisco.html
[2] https://itbiznes.pl/uslugi/cruise-i-waymo-oplaty-przewozsan-francisco/
[3] https://itbiznes.pl/uslugi/cruise-i-waymo-oplaty-przewozsan-francisco/
[4] https://www.obserwatorfinansowy.pl/tematyka/makroekonomia/elektromobilnosc-rozrusza-gospodarke/
[5] https://www.logistyka.net.pl/bank-wiedzy/item/93394-autobusy-elektryczne-na-zakrecie
[6] https://www.prawo.pl/prawo/jazda-hulajnoga-elektryczna-tylko-po-chodniku,379104.html
[7] W. Robaczyński, Should ‘vehicle movement’ be a premise of liability for an autonomous vehicle, PS 2022, no. 4, pp. 7-19.
[8] Ł. Frącczak, M. Matusiak-Frącczak, Civil liability for traffic accidents involving autonomous vehicles, PiP 2019, no. 11, pp. 114-124.
[10] https://www.prawo.pl/prawo/sztuczna-inteligencja-czy-bedzie-ustawa,520525.html
SOURCES:
– legal acts:
- Act of 11 January 2018 on electromobility and alternative fuels (Journal of Laws 2022, item 1083, as amended).
- Act of 25 August 2006 on the system of monitoring and controlling fuel quality (i.e. Journal of Laws 2022, item 1315, as amended).
- Act of 20 June 1997. – Road Traffic Law (i.e. Journal of Laws of 2022, item 988, as amended).
- Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2022, item 1360, as amended).
– other:
- W. Robaczyński, Should ‘vehicle movement’ be a premise of liability for an autonomous vehicle, PS 2022, no. 4, pp. 7-19.
- Ł. Frącczak, M. Matusiak-Frącczak, Civil liability for traffic accidents involving autonomous vehicles, PiP 2019, no. 11, pp. 114-124.s
