Technology in the Driver’s Seat: Legal Obstacles and Regulatory Gaps in Road Traffic Law

The gradual automation of the driving task and the accompanying shift in performance of the driving task from a human driver to automated driving systems poses the question to what extent this technology can be lawfully used on public roads. This chapter explores this question, primarily focusing on the international framework of the 1968 Vienna Convention on Road Traffic. Discussions primarily focus on the key question whether the notion of “driver” can be faithfully interpreted to permit the operation of self-driving cars. However, the question of who can or should be regarded as driver and the duties and obligations that (should) rest upon him or her are closely intertwined. For this reason, formally amending the Convention by only redefining the notion of “driver” to make it undisputedly consistent with the use of automated driving systems will not be enough to adequately accommodate automated driving. This will also require defining the role and responsibilities of the operator of the automated driving system, as well as considering an alternative system of sanctions in the event of failures or infringements of the rules of the road.