Roadside enforcement powers and automated vehicles in the European Union

This article reports on a study of the adaptability of European Union (EU) roadside enforcement powers to automated vehicles (AVs). It identifies technological obsolescence within EU laws where there are powers to stop vehicles being directed to the ‘driver’, ‘road users’ or ‘traffic participant’ all of which are assumed to be a ‘human’ controlling a vehicle. This is problematic in an automated transport future where automated driving systems (ADS) will increasingly be in control of the dynamic driving tasks. This article concludes that instead of ‘human-centric’ roadside enforcement powers, lawmakers should move to a ‘vehicle-centric’ focus, where the vehicle (irrespective of who, or what, is driving) should be the addressee of the legal power and provides examples of reform directions.

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Publication Details

Journal
Law Ethics & Technology
Published
2024-12-20
DOI
https://doi.org/10.55092/let20240009
Primary Topic
Digitalization, Law, and Regulation
Type
article
Field-Weighted Citation Impact
0.00
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article

Roadside enforcement powers and automated vehicles in the European Union

Kieran Tranter, Mark Brady
Law Ethics & Technology
Digitalization, Law, and Regulation
article

Roadside enforcement powers and automated vehicles in the European Union

Kieran Tranter, Mark Brady
article en

Abstract

This article reports on a study of the adaptability of European Union (EU) roadside enforcement powers to automated vehicles (AVs). It identifies technological obsolescence within EU laws where there are powers to stop vehicles being directed to the ‘driver’, ‘road users’ or ‘traffic participant’ all of which are assumed to be a ‘human’ controlling a vehicle. This is problematic in an automated transport future where automated driving systems (ADS) will increasingly be in control of the dynamic driving tasks. This article concludes that instead of ‘human-centric’ roadside enforcement powers, lawmakers should move to a ‘vehicle-centric’ focus, where the vehicle (irrespective of who, or what, is driving) should be the addressee of the legal power and provides examples of reform directions.

Law Ethics & TechnologyVol. 1(4)
Queensland University of Technology (AU), Charles Darwin University (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Digitalization, Law, and Regulation
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Roadside enforcement powers and automated vehicles in the European Union — Kieran Tranter, Mark Brady · Law Ethics & Technology (2024) | TGRS Research Map | TGRS