Manufacturer, operator or owner: Distribution of legal liability in the operation of unmanned vehicles

Abstract

The rapid development of autonomous driving technologies creates fundamentally new legal challenges in the distribution of legal responsibility among various subjects involved in the life cycle of unmanned vehicles. This study analyzes established and emerging approaches to determining the responsibility of technology manufacturers, system operators and vehicle owners in the context of their interaction during autonomous system operation. Special attention is paid to legal uncertainty arising at the intersection of traditional civil liability institutions and innovative technological solutions. The research identifies key problem areas of modern legal regulation and proposes conceptual approaches to their resolution through comparative legal analysis of leading jurisdictions' experience. Materials and Research Methods. The methodological foundation of the study comprises a comprehensive approach including comparative legal analysis of legislation and judicial practice of the Russian Federation, United States of America, European Union states, United Arab Emirates and People's Republic of China. Methods of systematic analysis of legal institutions, structural-functional analysis of liability distribution mechanisms, and prognostic method for assessing trends in legal regulation development were applied. The empirical base consisted of current regulatory legal acts, draft legislative initiatives, judicial practice materials and doctrinal sources by leading specialists in transport and information law. Results. The study revealed significant fragmentation of existing legal approaches to liability distribution in unmanned vehicle operation. It was established that traditional civil liability models require conceptual rethinking for adequate regulation of autonomous transport relations. Three main liability distribution models were identified: strict manufacturer liability model, mixed model with differentiated approach, and system operator liability model. Key factors influencing the choice of liability subject were determined, including system autonomy level, nature of caused harm, and degree of human intervention in control process. Discussion. The obtained results indicate the necessity of forming a new legal paradigm that takes into account the specifics of digital technologies and artificial intelligence in the transport sphere. The question of the degree of unification of approaches to liability distribution between different jurisdictions and the feasibility of creating special legal regimes for autonomous transport systems remains debatable. Critical analysis of foreign experience shows a trend toward strengthening the role of insurance mechanisms and compensation funds as instruments for ensuring victim protection.

Affiliated Institutions

• Moscow State University TJ
• Lomonosov Moscow State University RU

Related Publications