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					          COMPETITIVE AND SUSTAINABLE GROWTH
                      PROGRAMME




                               ADVISORS
                           GRD 1 1999 10047

Title           Framework for Insurance and related Liability issues,
                gaps and barriers for the implementation and
                expected Organisational changes

Editor          AUTh

Authors         ACHMEA, AUTh, VTT


Summary         D3.2 completes the Risk Analysis and survey on liability issues
                undertaken within ADVISORS framework. The methodological
                framework set for the survey, the survey tools that were used,
                the analysis of results and the deriving conclusions are the
                main targeted domains of this document. A Risk Analysis on
                legal/insurance and organisational issues is also herein
                included.

Status:         Version 1.0

Distribution:   All Partners


Document ID     D3.2 V2
ADVISORS Contract No. GRD1-1999-10047                                       D3.2


                      Document History and Status
Nr.   Vers.     Modification                      Author            Date
1.    0.1       Creation                          Dr. E. Bekiaris   01.07.2002
                                                  A. Oikonomou
2.    0.2       First revised Draft, after Dr. E. Bekiaris          16.07.2002
                QCB                        A. Oikonomou




ADVISORS WP3 Risk analysis and liability issues                     Page 2 of 179
ADVISORS Contract No. GRD1-1999-10047                                                        D3.2




Deliverable No.                              D3.2 V2

                                             Workpackage       Risk Analysis and Liability
Workpackage No.         WP3
                                             Title             issues

Task Nos                T3.1                 Task titles       Risk Analysis
                                                               Assessment of driver
                        T3.2
                                                               behaviour changes
                                                               Insurance and liability issues,
                                                               gaps and barriers fro
                        T3.3
                                                               implementation; fit in a
                                                               comprehensive framework
                        T3.4                                   Organisational issues

Editor                                       AUTh:
                                             Dr. E. Bekiaris
                                             A. Oikonomou

Authors                                      AUTh:         Dr. E. Bekiaris
                                                           A. Oikonomou

                                             ACHMEA:       P. Brons



                                             VTT:          Eija Mankkinen
                                                           Virpi Anttila



Status                                       D
(F: final; D: draft; RD: revised draft)

File Name:                                   D3.2 Framework for Insurance and related
                                             Liability issues, gaps and barriers for the
                                             implementation and expected Organisational
                                             changes
Project start date and duration              01/04/2000, 30 months
Reference period                             Moth 1 (April 2000) to Month 24 (March 2002)




ADVISORS WP3 Risk analysis and liability issues                                   Page 3 of 179
ADVISORS Contract No. GRD1-1999-10047                                                   D3.2



Table of Contents

Table of Contents___________________________________________________________ 4
List of Tables ______________________________________________________________ 6

List of Figures _____________________________________________________________ 7

Abbreviations List __________________________________________________________ 8
Abbreviations List __________________________________________________________ 8

Executive Summary_________________________________________________________ 9

1   Introduction___________________________________________________________ 10
2   Methodological Framework ______________________________________________ 11

    2.1 Legal and Insurance issues Questionnaire _____________________________ 13

    2.2 Organisational issues Questionnaire __________________________________ 14
    2.3 National Workshops ________________________________________________ 15
        2.3.1   The Greek Workshops ________________________________________ 15
        2.3.2   The Dutch Workshops_________________________________________ 17

3   Legal and Insurance issues survey results _________________________________ 18

    3.1 Analysis of Legal issues Questionnaire ________________________________ 18
        3.1.1   Background data on the respondents _____________________________ 18

    3.2 Conclusions of the Questionnaire Analysis _____________________________ 98

    3.3 Further comments on legal issues ___________________________________ 111

    3.4 Overall Conclusions on Legal issues _________________________________ 113

    3.5 Results on Insurance issues ________________________________________ 114
        3.5.1   Current practices regarding vehicle insurance _____________________ 114
        3.5.2   Insurance policies in relation to traffic safety aids and ADAS __________ 115
        3.5.3   Possible promotion schemes and prerequisites ____________________ 116
        3.5.4   Conclusions on Insurance issues _______________________________ 117

4   Organisational issues results ___________________________________________ 118
    4.1 ADAS implementation extent ________________________________________ 118
        4.1.1  The Finnish case ____________________________________________ 118
        4.1.2  The Greek case_____________________________________________ 118
        4.1.3  The Dutch case _____________________________________________ 118

    4.2 Major local barriers ________________________________________________ 118
        4.2.1   Lack of digital maps covering the road network ____________________ 118
        4.2.2   Age of the vehicle fleet _______________________________________ 119
        4.2.3   Fleet size__________________________________________________ 119
        4.2.4   Insufficient road infrastructure __________________________________ 119


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ADVISORS Contract No. GRD1-1999-10047                                           D3.2


    4.3 Policy with respect to the introduction and implementation of ADAS_______ 120

    4.4 Funding issues ___________________________________________________ 121
        4.4.1  The Dutch case _____________________________________________ 121
        4.4.2  The Finnish case ____________________________________________ 122
        4.4.3  The Greek case_____________________________________________ 122

    4.5 Challenges in work, planning, practice and sales _______________________ 122
        4.5.1   The Dutch case _____________________________________________ 122
        4.5.2   The Finnish case ____________________________________________ 123
        4.5.3   The Greek case_____________________________________________ 123

    4.6 Knowledge at the company level and driver skills. ______________________ 123
        4.6.1  Knowledge at the company level _______________________________ 123
        4.6.2  Drivers’ skills _______________________________________________ 123

    4.7 Maintenance related issues _________________________________________ 124

    4.8 Conclusions ______________________________________________________ 124
5   Legal Risk Analysis ___________________________________________________ 126

6   Organisational Risk Analysis ___________________________________________ 132

7   Conclusions _________________________________________________________ 137
8   Annexes_____________________________________________________________ 138

    Annex I Legal and Insurance issues Questionnaire _________________________ 138

    Annex II Organisational issues Questionnaire _____________________________ 173
    Annex III ADVISORS Workshop Agenda, Athens & Thessaloniki, Greece _______ 179




ADVISORS WP3 Risk analysis and liability issues                         Page 5 of 179
ADVISORS Contract No. GRD1-1999-10047                                                          D3.2


List of Tables
Table 2 Overview of the responses given to the different scenarios’ questions. __________________ 105
Table 3 Legal Risk Analysis. _________________________________________________________ 131
Table 4 Organisational Risk Analysis __________________________________________________ 136




ADVISORS WP3 Risk analysis and liability issues                                       Page 6 of 179
ADVISORS Contract No. GRD1-1999-10047                                                            D3.2



List of Figures
Figure 1 ADVISORS strategy towards Legal and Organisational issues analysis. ________________ 13
Figure 2 Cumulative diagram of responses on different factors’ liability, Scenario 1’ Case A. ______ 98
Figure 3 Cumulative diagram of responses on different factors’ liability, Scenario 1’ Case B. ______ 99
Figure 4 Cumulative diagram of responses on different factors’ liability, Scenario 1’ Case C. ______ 99
Figure 5 Cumulative diagram of responses on different factors’ liability, Scenario 2’ Case A. _____ 100
Figure 6 Cumulative diagram of responses on different factors’ liability, Scenario 2’ Case B. _____ 100
Figure 7 Cumulative diagram of responses on different factors’ liability, Scenario 2’ Case C. _____ 101
Figure 8 Cumulative diagram of responses on different factors’ liability, Scenario 4, Case A. _____ 102
Figure 9 Cumulative diagram of responses on different factors’ liability, Scenario4, Case B. ______ 102
Figure 10 Cumulative diagram of responses on different factors’ liability, Scenario 4’’. __________ 103
Figure 11 Cumulative diagram of responses on different factors’ liability, Scenario 5. ___________ 103
Figure 12 Cumulative diagram of responses on different factors’ liability, Scenario 6. ___________ 104




ADVISORS WP3 Risk analysis and liability issues                                         Page 7 of 179
ADVISORS Contract No. GRD1-1999-10047                                              D3.2


Abbreviations List
ABS                     ANTI-LOCK BRAKING SYSTEM

ACC                     ADVANCED CRUISE CONTROL

ADAS                    ADVANCED DRIVER ASSISTANCE SYSTEMS

CAN-BUS                 CONTROLLER AREA NETWORK-BUS

CAS                     COLLISION AVOIDANCE SYSTEM

EDI                     ELECTRONIC DATA INTERCHANGE

FMEA                    FAILURE MODE AND EFFECTS ANALYSIS

GPS                     GLOBAL POSITIONING SYSTEM

ICT                     INFORMATION COMMUNICATION TECHNOLOGIES

ISA                     INTELLIGENT SPEED ADAPTATION

MPH                     MILES PER HOUR

R&D                     RESEARCH & DEVELOPMENT

SME                     SMALL MEDIUM ENTERPRISES

RDS                     RADIO DATA SYSTEM

VAT                     INSURANCE COMPANIES’ COMMITTEE OF VEHICLE REPAIR

WP                      WORKPACKAGE




ADVISORS WP3 Risk analysis and liability issues                            Page 8 of 179
ADVISORS Contract No. GRD1-1999-10047                                                       D3.2



Executive Summary
ADVISORS deliverable D3.2 completes the results of “Risk Analysis and liability issues” (WP3)
work stream of the project, its two first activities (Technical and Behavioural Risk Analysis), as
well as the Methodological Framework and State of the Art on existing ADAS-related legislative
schemes in several European countries, having been analysed already in D3/8.1. These will
therefore not be repeated in this deliverable.

Within deliverable D3.2, the Methodological Framework for performing the remaining two tasks
of WP3 (Insurance and Liability issues; Organisational issues Risk Analysis) is presented in
section 2. The extended FMEA methodology that is used is, however, not analysed here, as it
has been already presented in deliverable D3/8.1.

The work proceeds with the analysis of the legal and insurance issues questionnaires of 8
external experts from 5 countries, within section 3. Relevant data are combined with the results
of three relevant Workshops performed (two in Greece and one in the Netherlands) and
Consortium experts’ opinion, concluding in the recognition of the major gaps in current legal
and insurance schemes, relevant barriers to ADAS implementation, as well as a proposed
strategy towards overcoming them.

The relevant analysis of 8 Questionnaires and three Workshops results within section 4, led in
the recognition of the key organisational issues, gaps and barriers.

Based on the above surveys’ results, the Consortium experts performed an FMEA Risk
Analysis on Legal/Insurance (section 5) and Organisational (section 6) issues, identifying
mitigation strategies and finally, rating them.

The deliverable ends with the conclusions section (section 7) that will provide the necessary
feedback to WP7, for the formulation of relevant guidelines, implementation strategies and
policy recommendations.




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ADVISORS Contract No. GRD1-1999-10047                                                      D3.2



1 Introduction
As driver's observations, judgements and decisions will be partly taken over by Advanced
Driver Assistance Systems (ADAS), semi-automation or automation of the driver's task may
obscure the cause and/or the responsibility of accidents and, as a result, create uncertainty
about legal liability. This may increase the number, complexity and parties to lawsuits; thereby
impending the deployment of such systems, decreasing possibilities for victims to get
compensated for their damage, raising transaction costs or diminishing public acceptance.
Furthermore, such liability issues are strongly related to aspects of insurance, since insurers
can, through their policies, influence the behaviour and decisions of drivers, car-owners and
producers.
The present document presents extensively ADVISORS research on legal, insurance and
organisational impact of ADAS implementation. The document makes clear reference to the
means of research used within the methodological framework followed, the results of the
surveys conducted and finally to the concrete policy recommendations for averting the
problems anticipated.
More precisely, the ADVISORS Consortium has conducted a profound survey developing a
concise questionnaire with 6 accident scenarios. The scenarios covered different types of
ADAS, but also different alternatives of the main scenario, per ADAS. In this way the
interviewed persons were given the opportunity to see both the negative and positive aspects
of a particular ADAS implementation and thus maintain an objective position towards the
prospects of the introduced systems. Finally, the questionnaire concluded with questions that
address the overall impact of ADAS, as this is seen from the experts’ point of view.
A compendium on experts’ opinions acquired through interviews Europe-wide, as well as by
three national workshops that took place, two in Greece and another one in the Netherlands, is
composed. The state of the art review of national legal and insurance schemes that has been
performed targeting 10 different countries in the project’s earlier phase has provided the
background for this analysis.

A wide range of data on legal and organisational issues has been collected. The analysis was
conducted by technical and legal experts of the ADVISORS Consortium and was based upon
an extended Failure Mode and Effects Analysis (risk analysis) methodology, concluding to
concrete policy recommendations for the industry, the relevant authorities and the national
insurance bodies.




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ADVISORS Contract No. GRD1-1999-10047                                                       D3.2



2 Methodological Framework
ADVISORS targeted the analysis of the legal, insurance and organizational issues, of ADAS
through a multi-step approach. Initially the relevant legal, institutional and insurance framework
in each European country has been considered, including the road accidents liability regimes,
the product liability laws and the insurance schemes. That has been extended to the second
step by the review of other research work on the subjects coming mainly from the EU Research
project RESPONSE (TR 4022) and the analysis of three of its Deliverables, namely D7.1, D7.2
and D7.3. These two steps led to the preliminary identification of gaps and barriers to the
implementation of ADAS, stemming from legislation, organizational or insurance issues, which
have been included in sections 5 and 6 of ADVISORS D3/8.1.
As a consequence the Consortium developed two specific questionnaires, one on
legal/insurance and another one on organisational issues that were used in interviews with
experts to get more detailed feedback on the recognised potential problems. They are briefly
described below, within this section.

The gathered answers were used to produce a first consensus document on such issues,
which was discussed at three Workshops, on legal and organisational issues, performed in
Athens (Greece), Thessaloniki (Greece) and Apeldoorn (the Netherlands). In these Workshops
the issues of T3.3 (legal) and T3.4 (organisational) were discussed jointly, as several experts
would cover both fields of knowledge.

The revised results, following the aforementioned Workshops, were used by the Consortium
experts to fill-in the legal and organisational issues Risk Analysis tables of FMEA methodology,
as set in ADVISORS D3/8.1 (section 2). For this action, additional input from Partners’ contacts
and literature survey has also been utilised.
Finally, based on the gaps/barriers, mitigation strategies and priorities recognised within these
tables, specific implementation policies, as well as actions for further research are proposed.
The final results of this work are then to be used as input for ADVISORS WP7, in combination
with the input from other work streams of the project, to result in a common recommendations
framework.
The above-mentioned steps are graphically represented below.




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  ADVISORS Contract No. GRD1-1999-10047                                                                            D3.2



                                   Legal, insurance and organisational framework description
                        Traffic       Civil        Criminal       Product          Insurance     Organisational
                         law      liability law      law        liability law    law/practices    framework




  Step 1:
  Literature
  survey
                                                  Other initiatives’ analysis.




Step 2: State of
the Art on the
issues                                                   Preliminary                                              D3/8.1
                                                        recognition of
                                                        critical issues




                                                     Field surveys
                           Legal & insurance issues
                                                          Organisational issues questionnaire
                          questionnaire (experts from
                                                               (experts from 3 countries)
Step 3:                          5 countries)

Questionnaire
survey

                                                          Update of
                                                        critical issues




                                                            Workshops
                                                         Athens, Greece               Apeldoorn, the
                          Thessaloniki, Greece
 Step 4:                                                                               Netherlands

 Workshops
                                           FMEA on legal and organisational issues
                           T3.3 Legal and insurance issues                T3.4 Organisational issues
Step 5: Risk
Analysis
Tables                                       Gaps, Barriers and recommendations
                                  Legal                       Insurance               Organisational
                              Further
 Step 6:                      literature
 Results                      survey, experts’
                                                            Input to
                              opinions
                                                       Work package 7

  ADVISORS WP3 Risk analysis and liability issues                                                      Page 12 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2




Figure 1 ADVISORS strategy towards Legal and Organisational issues analysis.

2.1   Legal and Insurance issues Questionnaire
One of the initial key recommendations based on a preliminary analysis on legal and insurance
issues within ADVISORS D3/8.1, has been that such issues cannot be dealt with in a generic
way, i.e. giving generic answers to generic questions. Liability of the driver versus the system
manufacturers, including insurance companies, car manufacturers, system developers, etc. is
likely to be looked upon on a case by case basis at the court. Hence, useful results may only
then derive if one considers specific ADAS as well as application scenarios for them.

This was the reason why 6 specific scenarios were proposed. The scenarios cover the
following cases, some of them including different sub-cases:

Scenario 1: Accident avoidance due to the use of an ACC (warning) system as well as
accident occurrence in the case of platooning, despite the existence of an ACC (warning)
system.

Scenario 2: Accident avoidance due to the use of a lane deviation (warning) system as well as
accident occurrence because of road departure, despite the existence of a lane deviation
(warning) system.

Scenario 3: Accident avoidance due to the use of a lane exit (warning) system.

Scenario 4: Accident avoidance at intersection due to an intervention type of ACC as well as
accident occurrence due to another vehicle sudden changing lanes, in spite of the existence of
an intervention type of ACC.

Scenario 5 and 6: Accident occurrence due to a vehicle speed limitation (ISA) system (in
different traffic situation).

Furthermore, in several scenarios and sub-scenarios there are various cases, depending upon
the re-action of the driver to the system warnings.

The questionnaire survey results are analysed both case per case and in accordance with the
overall conclusions. The relevant questionnaire is attached in Annex I.

Respondents

8 expert reports (based on interviews) have been finally gathered from the following 5
European Countries: Finland (2), Germany (2), Greece (1), Spain (1), UK (2).

Although the overall number of questionnaires is rather low and does not allow for inter-country
or other internal comparisons, they provided very useful information, as almost of them come
from specialised lawyers and/or insurance experts and as they cover a number of scenarios
and ADAS in detail.



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ADVISORS Contract No. GRD1-1999-10047                                                         D3.2


2.2   Organisational issues Questionnaire
An effort has been made to develop the organisational issues questionnaire on the basis of
both existing literature and expert opinions. Unfortunately, the existing literature on the subject
of organisational issues of the implementation of ADAS is rather uncommon. This can be either
an indication of the fact that the subject has not been investigated to a large extent or that it is
rather difficult to discern the effects of the implementation of ADAS on organisational aspects.
Therefore, the questionnaire has been developed mainly on the basis of expert opinions of
partners involved in the ADVISORS project. Hence, a number of organisational aspects have
been selected for further investigation, as they are prone to be affected by the implementation
of ADAS. Below the selected aspects will be discussed briefly, see Annex II for the complete
questionnaire.
In order to establish a clear view of the implications of the implementation of ADAS for an
organisation it is important to consider the specific phases of the implementation process.
Firstly, new technologies will draw an organisations attention either by a demand for change
from within the organisation itself or by distributed information on the anticipated effects of
ADAS. Secondly, if these expected effects are deemed desirable, it will be evaluated whether
the benefits of the implementation will compensate for the investment costs. An attempt to
investigate the effects of a new technology, with regard to the estimated/reported cost
effectiveness of any ADAS used, is made. Within this questionnaire, the following issues are
primarily targeted:
Changes in work: It can be imagined that by implementing ADAS some jobs will change with
respect to content or will become obsolete altogether. For instance, the implementation of route
navigation or route planning systems will bring about changes on the planning department of a
transportation company. Fewer planners may be needed to perform the fleet navigation task or
fewer drivers may be needed due to more effective planning. On the other hand it can be
imagined that new jobs originate as a result of the implementation of ADAS. Most ADAS are
designed to produce data for evaluative or practical purposes. Implementing these systems
may result in the expansion of administrative departments or even the establishment of a
research department.
Changes in planning and logistics: The questionnaire concentrates on transportation and
distribution companies since the implementation of ADAS is more likely for this type of
companies from a cost-effective point of view. It can be imagined that the decision to
implement a particular system will depend to a large extent on expected changes with respect
to planning and logistics.
Changes in work practice: The decision to implement an ADAS will be largely dependent on
the expected effect on work practice. Besides changes in workforce, quality of service and
even management structure may be influenced by the changes in work practice, introduced by
the use of ADAS.
Nine questionnaires have been completed in the Netherlands, either by direct interview or
returned by mail, while six refusals were registered. Included are a snack-producing company,
a warehouse, a courier and a transportation organisation. The following functions are
represented: executive (1), lower management (2), middle management (4), higher


ADVISORS WP3 Risk analysis and liability issues                                     Page 14 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


management (2). Of the interviewed companies two employ between the 50 and 100 persons
and two employ between the 500 and 800 persons. Among the ones interviewed two
companies have employees in more than one country.
In addition to these questionnaires, Greece has provided the Consortium with two
questionnaires and Finland another three. All questionnaires derived from interviews with
transportation companies’ representatives.

2.3     National Workshops
According to the Technical Annex of the ADVISORS project, in the framework of Workpackage
3 (WP3) three local Workshops have been performed. It was decided that it would be more
effective to combine Task 3.3 Insurance and Liability issues, gaps and barriers for
implementation and Task 3.4 Organisational issues Workshops into one.

It was, however, decided that the T3.3 and T3.4 Workshops could be merged into common
ones that address the whole group of categories involved in both Tasks. The idea behind the
realisation of common T3.3 - T3.4 Workshops was that both Tasks were running in parallel,
with, basically, the same partners. Two Workshops were initially decided to take place, one in
the Netherlands and one in Greece.


2.3.1    The Greek Workshops

Still, in Greece, it was decided to realise two Workshops in the two major cities of the country.
These Workshops were therefore conducted, one in Thessaloniki, on the 24th of September
2001 and one in Athens on the 27th of September 2001. The aim of the Workshops was not to
disseminate the project’s results but to gather as many opinions as possible on the matter of
the implementation of ADAS and their impacts on both legal and organisational issues. The
guests invited were law and insurance companies representatives, transportation companies
representatives, other experts such as transport engineers, as well as authorities
representatives. The attendance in the meeting was therefore expected to be low, as it was
addressed to a special, limited audience of experts, rather than to a wider users group. The
subjects of discussion (see Annex III “ADVISORS Workshop Agenda, Athens & Thessaloniki,
Greece”) addressed Greek representatives and met, therefore, the needs and applicability of
ADAS, in the context of Greek reality.

Each meeting started with a welcoming of the guests.

      A brief introduction was made to a series of ADAS, selected as the most commonly
      used or as the ones expected to be implemented first in the near future, namely:

          •   Advanced Cruise Control (ACC) and Collision Avoidance System (CAS)

          •   Lane drift and change warning

          •   Driver hypo-vigilance monitoring and warning

          •   Intelligent Speed Adaptation (ISA)


ADVISORS WP3 Risk analysis and liability issues                                  Page 15 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


         •    Navigation and Route Guidance

    A small video depicting the function of the ADAS presented was shown while further
    comments on the functioning and usability of the systems were made as well.

    Then a short description of the legal system covering the area of car accidents and
    insurance issues was made, based on the studies of legislation concerning relative issues
    in 10 different countries, six (6) of which were studied within RESPONSE project (France,
    Germany, Italy, Spain, Sweden, United Kingdom) and another four (4) within ADVISORS
    (Belgium, Denmark, Greece and the Netherlands).
    The audience made several questions during the presentation and short discussions were
    held.

    The discussion that followed was based on four (4) scenarios, concerning the legal
    and insurance issues, to be possibly encountered in case of an accident. The scenarios
    were selected from the ones already included in the “Questionnaire on legal / insurance
    issues regarding the use of Advanced Driver Assistance Systems” (see Annex I), on the
    criterion that they presented a high interest from the legal point of view. The scenarios
    were projected in the form of slides that included a picture and the most important
    questions to be answered. The description in each case was made orally.
    The discussion was further carried on in the organisational aspects area. It was based
    on a second series of slides that included the most important organisational issues (see
    Annex II).
    Finally, there was a brief reference to the points that were most emphasised during the
    meeting, as a conclusion of the discussions that preceded.

2.3.1.1 Thessaloniki ADVISORS Workshop

The ADVISORS WORKSHOP in Thessaloniki took place on the 24th of September 2001, in the
room AIOLOS of the Hellenic Institute of Transport (HIT).
In the meeting, were present two (2) representatives of law companies, two (2) transport
engineers and a telemetics expert.
Due to the attendants’ field of activity, the presentation of organisational issues, that address
mostly transportation companies and drivers, as well as relative companies, was omitted.

2.3.1.2 Athens ADVISORS Workshop

The ADVISORS WORKSHOP in Athens took place on the 27th of September 2001, in the
“Telematics Room” of the National Technical University of Athens (NTUA).
 An additional point of discussion was made out of the analysed conclusions from the first
 meeting, held in Thessaloniki. The conclusions were presented and the audience could see
 what the initial conclusions were so as to comment on them.
In the meeting, were present two (2) representatives of law companies, the president and a
member of the Confederation of truck drivers in Greece, a representative of a professional



ADVISORS WP3 Risk analysis and liability issues                                  Page 16 of 179
ADVISORS Contract No. GRD1-1999-10047                                                     D3.2


driving school, as well as the representative of the Transport Department of Athens 2004
Olympics Committee.

2.3.2   The Dutch Workshops
Another Workshop was held on October 16, 2001 at Achmea, in Apeldoorn, the Netherlands.
Achmea is the largest car insurer of the Netherlands. Apart from being a car insurer Achmea is
also a life and healthcare insurer and offers bank services. The company is one of the top 10
players in the Netherlands in insurance and finance.
For input from insurance specialists, a workshop was organised by Achmea, which was
attended by 4 specialists (legal advisors) from the Achmea Group, as well as by Kiliaan van
Wees (TRAIL) and Paul Brons (Achmea), involved in the Advisors project. The questionnaire
used in this workshop was sent to the participants in advance of the meeting.
The meeting started with brief introduction. The nature of the ADVISORS project, as well as the
different types of ADAS were explained. This was followed by a discussion based on the
questionnaire. The discussion was more of a generic nature rather than on answering the
specific questions in the questionnaire.
For obvious reasons the workshop focused mainly on the insurance aspects of ADAS.




ADVISORS WP3 Risk analysis and liability issues                                 Page 17 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                    D3.2


3 Legal and Insurance issues survey results

3.1     Analysis of Legal issues Questionnaire

3.1.1    Background data on the respondents
The origin of the data acquired and the respondents’ field of occupation is the aim of the
introductory questions of the questionnaire. The responses are summarised in the diagrams
below. The sum is more than 8 as some questionnaires were partly answered by two different
respondents.



               2                       2                     2




                         1                                                 1
                                           I




           Finland   Germ any       Greece               Spain          UK


                         Respondents origin




                                5




                                                     1                   1                  1              1
                         company /




                                                                                  Organisation
                                                                 Traffic Safety
                                                                 Association /




                                                                                                 Psychologist
                         Insurance




                                               Insurer


                                                                  Automobile
                           Lawyer




                                                                                   Motoring
                                                                     Dept.




                                        Respondents field of occupation




ADVISORS WP3 Risk analysis and liability issues                                                                 Page 18 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2




3.1.1.1 Introduction
In each scenario there are three groups of questions. The first session, entitled “Scenario X”,
consists of questions that address the insurers/insurance companies and follows each
description of the scenarios 1 to 4. In this session a relatively lower response is expected, in
compliance with the respondents’ field of specialisation, i.e. lawyers and other experts not
directly related to insurance issues.
The second session, entitled “Scenario X”, consists of questions to be mainly answered by
lawyers, but also concern the rest of the experts interviewed. This second session is often
divided into more sub-sessions, entitled “Case A, B or C”. Each sub-session is in fact an
alternative to the main scenario, “Scenario X”. In this way the interviewed persons were given
the opportunity to see both the negative and positive aspects of a particular ADAS
implementation and thus maintain an objective position towards the prospects of the introduced
systems. The same questions with few exceptions were repeated in each scenario/case. This
serves the need for homogeneous results and enables comparisons between the different
cases.
Finally, the third session, following the above-described sessions of questions, consists of
general questions referring to the whole scenario case. These questions concern the type of
road, the type of damage caused and the determination of the respondent’s position.
Each group of answers appears in a separate graph. On the columns constituting the graph,
the number of respondents who have given a particular answer is marked. The reader can thus
have a picture of the trend of the answers given, while at the same time have an overview over
the actual “figures”.
Below each diagram follows usually a table with the arguments in favour or against the factor
dealt in the relevant question. The arguments made by the respondents were filtered, i.e. only
those that clarify the position of the respondent towards the matter investigated were retained,
detailed legislation descriptions having been carefully cropped. In addition, as the same
content was expressed in different ways, a precise summary of the views laid is given.
Finally, a short, conclusive commentary usually follows each group of questions.
Conclusions are summarised in the end of the Questionnaires’ analysis.




ADVISORS WP3 Risk analysis and liability issues                                  Page 19 of 179
ADVISORS Contract No. GRD1-1999-10047                                                       D3.2


Scenario 1: Warning by the system in car following condition: Accident is avoided




     ADAS car


The ADAS-equipped car has a distance warning system. This system warns the driver (through
audio/visual cues) when the distance from the front vehicle becomes too short. The system
calculates the time distance from the front car (actual distance / speed difference of cars) every
0.2 ms. If this is lower than 3 sec (a threshold defined by adequate testing during the
development phase), then a warning is generated.
The driver has driven on the highway for over 3 hours on long straight stretches. He is fatigued
and inattentive. There is also fog. The driver cannot discern that he/she is approaching a
vehicles’ cue. The system warning (not intervention) makes the driver regain attention and
brake in time, thus avoiding an accident.

Would you accept to cover the use of such an aid as part of the car insurance premium
(within its current limitations)?


                   4




                                2                            2


                                              0

                Yes          No        Maybe, if…   No answer


                Would you cover such an aid as part of the
                          insurance premium?

Comments
The respondents seem to be against the use of the Distance Warning System. Two out of three
insurers would not accept to insure such an aid and only one was in favour of the system. The
positive answers were given by the rest of the experts questioned.




ADVISORS WP3 Risk analysis and liability issues                                   Page 20 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                         D3.2



Would you promote the use of such an aid?


                          5




                                                                                                                     2

                                                                                 1
                                                0

                  Yes                         No                 Maybe, if…*                          No answer


                    Would you promote the use of such an aid?

*Maybe if the system was effective enough.

Comments
The answers given to this question were positive. All insurers would agree to promote such a
system, even under certain conditions (Answer: Maybe if the system was effective enough).

If yes, how?

                         3



                                       2                 2



                                                                            1                1                 1                1
                                                                                     company's info
                                               Offer insurance




                                                                                                        incentives



                                                                                                                         No answer
                                 Inform the




                                                                  Publish info
                                               fee reductions*
                  advertisment




                                                                                                         Offer tax
                   Support its




                                   clients




                                                                                       Enhance




                            In what ways would you promote the use of such an aid?


*that will be based on further research.


Comments
The means proposed for the promotion of ADAS are common advertisement channels
(advertisement, recommending system to the clients, publication of relevant information) but
also suggestions on policies, such as insurance policies (reducing insurance fee) and
governmental policies (creating tax incentives).




ADVISORS WP3 Risk analysis and liability issues                                                                                      Page 21 of 179
ADVISORS Contract No. GRD1-1999-10047                                                 D3.2


Would you object to the use of such an aid?


                                6




                                                                2

                    0                        0
              Yes             No       Maybe, if…    No answer

              Would you object to the use of such an aid?


Comments
Among those who have responded to this question, none would object to the use of such a
system.

How would having the system in the car influence the insurance fee?


                                                            6




                                             2

                        0          0
              Increase      Dicrease   No effect    No answer

            How would having the system in the car influence
                          the insurance fee?


Comments
This question seemed rather confusing. The two answers given were neutral. According to the
respondents no effect is expected on the insurance fee as a result of the ADAS
implementation.
However, an insurance fee reduction was suggested in a previous question as a possible
means of ADAS promotion.

Commentary on the Distance Warning System implementation
    The system's effect on the accidents rate should be monitored for several years
    before any decisions can be made. Predictions such as “when would e.g. half of the
    Finnish cars be equipped with such a system?” are necessary.
    The system should be coupled with another attention/drowsiness monitoring system.



ADVISORS WP3 Risk analysis and liability issues                             Page 22 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                              D3.2


Scenario 1’: Warning by the system in car following condition: Accident occurs.




     ADAS car
The ADAS-equipped car has a distance warning system, exactly as the one described in
Scenario 1.
There is rather heavy traffic congestion and the vehicles that go before the ADAS vehicle do
not keep a safe distance between them for some time. Due to an unexpected obstacle on the
road, the first vehicle brakes abruptly. The ADAS car finally collides with the front car, while:

Case A: It is proven that the ADA system did not operate properly, i.e. it did not issue a
warning at all, due to operational imitations of the system (bad weather, bad road
surface, bad road lining, etc). The driver claims that s/he completely relied on the
system.
In the manual it is mentioned that the ADAS is designed to operate under certain basic
conditions, such as proper road quality and lining, without, however, referring to any
special definition on what is to be considered as proper road quality or lining or to any
specific cases / scenarios where the system’s performance is limited.

Could the driver be considered liable?


                                                 8




                   0             0                               0
              No            M aybe            Yes        I don't know


                   C ould the driver be con sidered liable?




             ARGUMENTS AGAINST                                               ARGUMENTS FOR

   The responsibility deriving from a traffic                 If the malfunction of her/his car is due to the
   accident is objective, i.e the driver is held              action    or   omission        of   a   third    party
   responsible from the moment s/he drives a                  (manufacturer,       repair-shop,       etc.),   then
   vehicle, whether it is an ADAS equipped                    according to each case the driver may claim
   vehicle or not. ADAS are advisory and not                  liability of the third part.


ADVISORS WP3 Risk analysis and liability issues                                                        Page 23 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                   D3.2


   autonomous       systems.         The     driver       is
   responsible for the good operation of her/his
   vehicle.
   The ADAS is dedicated to operate under
   certain basic conditions, as mentioned in
   the manual. The driver should at no time
   rely on the system.



Comments
The driver was unanimously found liable in the case described.
According to the respondents’ comments, the driver can only then be alleviated from liability
when a third part’s guilt can be proven; in all other cases the driver is liable by law. As long as
the system performs well under the design conditions, the driver cannot be excused.

Could the driver claim alleviation from any liability?


                    5




                                     2

                                                      1
                                                                       0
               No              M aybe            Ye s          I don't k now


                        Could the drive r claim alle viation?




              ARGUMENTS AGAINST                                                     ARGUMENTS FOR


   The driver cannot be alleviated from liability,                   ADAS failed to warn the driver; s/he can be
   as s/he is the responsible for the control of                     therefore alleviated from part of the liability.
   the vehicle, not the system.


Comments
The only argument that could alleviate the driver from part of her/his liability could be to prove
malfunction of the ADAS. See also previous comments.




ADVISORS WP3 Risk analysis and liability issues                                                          Page 24 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                        D3.2




Is the owner of the vehicle (if different from the driver) liable in any way?


                      5




                                    2

                                                     1
                                                                     0
                 No           M aybe             Ye s        I don't k now


                          Is the ve hicle ow ne r liable ?




           ARGUMENTS AGAINST                                                  ARGUMENTS FOR


       The driver cannot be alleviated from                         If it was a hired vehicle and the warning
       liability, as s/he is the responsible for                   system was late, then perhaps it could be
       the control of the vehicle, not the                         argued that the owner had supplied a car
       system.                                                     not fit for hiring.

                                                                    If it was an employee/employer situation
                                                                   then maybe, if the vehicle was regarded as
                                                                   a workplace, under Health and Safety
                                                                   legislation the driver could argue that the
                                                                   late warning places some responsibility to
                                                                   the owner.

                                                                    The owner could be held liable by criminal
                                                                   law in the case it is proved that s/he was
                                                                   aware of the ADAS malfunction and did not
                                                                   inform the driver accordingly.



Comments
According to the respondents, the owner cannot be held liable. The statements provided to
argue the owner’s guilt (expressed by the answers “maybe” and “yes”) are all based on the fact
that the owner (either this is the lessor, or the employer, or, finally, the owner of the vehicle)
may have failed knowingly or not in providing the driver with a good product.




ADVISORS WP3 Risk analysis and liability issues                                                     Page 25 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                 D3.2


Could the ADAS manufacturer be considered liable for part of the damage?


                    3                  3




                                                                         1
                                                      1



               No                M aybe            Ye s        I don't k now


                         Is the ADAS m anufacture r liable ?




              ARGUMENTS AGAINST                                                        ARGUMENTS FOR


    If proven malfunction or bad performance                          The driver cannot be alleviated from
    under expectation (advertised capabilities for                    liability, as s/he is the responsible for the
    instance), then the ADAS manufacturer is                          control of the vehicle, not the system.
    held liable. The manufacturer of any product
                                                                      The ADAS manufacturer is alleviated from
    is liable for injury or physical damage cause
                                                                      all      liability,   whenever   the   ADAS    is
    by defects in her/his products provided that
                                                                      performing outside the design conditions.
    certain requirements are met.



Comments
The answers here are inconclusive, divided between “no” and “maybe”. The point made is that
the manufacturer can be only then held liable when not conforming with the legislation of the
manufacturer’s liability, i.e. when injury or damage are caused by defects in her/his products,
provided that the systems perform under the design specifications.

If the ADA system manufacturer had provided the driver with a manual clearly
explaining the system limitations, would this alleviate the manufacturer from liability?


                                   4

                                              3




                                                                     1
                         0                                0
                    No        M aybe       Ye s      I don't   No ans w e r
                                                      k now


                        Would an e xplicit m anual alle viate the
                            m anufactur e r fr om liability?




ADVISORS WP3 Risk analysis and liability issues                                                              Page 26 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                  D3.2



            ARGUMENTS AGAINST                                                        ARGUMENTS FOR


       The manufacturer is liable for the                                    The manufacturer’s liability is reduced
       system function, irrespective of the                                  when s/he has performed her/his duty
       existence and text of the manual.                                     as far as the client awareness
                                                                             enhancement is concerned, by
                                                                             providing the consumer with a manual
                                                                             clearly explaining the system
                                                                             limitations.



Comments
The answers given to this question show the necessity for clear instructions/feedback on the
ADAS use/limitations. This is why the answers are either positive towards the provision of an
explicit manual (“yes”) or uncertain (maybe”), but surely not negative.
According to the respondents, the manufacturer is responsible for any injury/damage caused
by defects in her/his products, under the condition that they perform according to the design
specifications. Providing the users with a clear manual where all possible system limitations are
specified would therefore alleviate him from (at least part of her/his) liability.

Is it necessary for a manufacturer to underline the system’s properties in ways other
than providing information in a manual?


                                    5




                      2
                                                                         1
                                                        0
                 No            M aybe            Ye s        I don't k now


               Is othe r infor m ation ne ce s s ar y to be pr ovide d
                           additionally to the m anual?




            ARGUMENTS AGAINST                                                       ARGUMENTS FOR


                                                                         Additional data can be proved useful if in
                                                                         this way new facts are provided to the
                                                                         driver, regarding the exact type of the
                                                                         device implemented.




ADVISORS WP3 Risk analysis and liability issues                                                               Page 27 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                        D3.2


Comments


Although no comments were stated against the provision of further information other than the
manual, no urgent need for such information was identified. Informing the users in ways other
than providing them an explicit manual could be useful, especially depending on the complexity
of a system.


                                                                                           Could      the     Car
                                                                                           manufacturer be held
                    3             3
                                                                                           liable for part of the
                                                                                           damage?



                                                  1                1



               No             Maybe           Yes          I don't know


                        Is the car m anufacturer liable?




          ARGUMENTS AGAINST                                               ARGUMENTS FOR


                                                              Provided that the vehicle is technically OK,
                                                              the manufacturer cannot be even partly
                                                              liable for a mistake made by the driver in
                                                              traffic.

                                                              As long as the car manufacturer ensures the
                                                              safe performance of any original equipment,
                                                              such as ADAS, s/he can be completely
                                                              alleviated from any liability.

Comments
The car manufacturer is, according to the respondents, not really linked to the case. The
respondents’ answers were divided between “no, the car manufacturer is not liable” and
“maybe, s/he is”.
The point made was that as long as the vehicle is technically ok and allows the fine
performance of any original system, the car manufacturer cannot be held liable.




ADVISORS WP3 Risk analysis and liability issues                                                   Page 28 of 179
ADVISORS Contract No. GRD1-1999-10047                                                     D3.2


However, since the car manufacturer (optionally) equipped its car with an ADAS (i.e. ACC),
they may be liable on the same grounds as the producer of the system and the injured party
may choose whom it wants to hold liable for the damage. Only when systems are installed after
purchasing the car (after market), then there may be a difference between system and car
manufacturers liability. Clearly, this is a controversial point, that needs further discussion.

Case B: It is proven that the ADA system did generate a warning at a time distance of 3
sec. However it is proven that the warning was too late and that therefore the threshold
of 3 sec was not enough to prevent this specific accident. The driver claims that s/he
completely relied on the system.
In the manual it is mentioned that the ADAS is designed to operate under certain basic
conditions, such as proper road quality and lining, without, however, referring to any
special definition on what is to be considered as proper road quality or lining or to any
specific cases / scenarios where the system’s performance is limited.

Could the driver be considered liable?


                                                8




                  0                0                              0
             No               Maybe          Yes          I don't know

                  Could the driver be considered liable?



Comments
The arguments stated are in absolute accordance with the ones given in the relevant question
of Scenario 1 case A “Could the driver be considered liable?”.

Could the driver claim alleviation from any liability?


                      5




                                       2

                                                      1
                                                                         0
               No                Maybe              Yes         I don't know

                          Could the driver claim alleviation?


ADVISORS WP3 Risk analysis and liability issues                                 Page 29 of 179
ADVISORS Contract No. GRD1-1999-10047                                                  D3.2


Comments
The arguments stated are in absolute accordance with the ones given in the relevant question
of Scenario 1 case A “Could the driver claim alleviation from any liability?”.




ADVISORS WP3 Risk analysis and liability issues                              Page 30 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                      D3.2


Is the owner of the vehicle (if different from the driver) liable in any way?


                    5




                                     2

                                                          1
                                                                           0
               No               Maybe              Ye s           I don't know


                           Is the vehicle ow ne r liable?

Comments
The arguments stated are in absolute accordance with the ones given in the relevant question
of Scenario 1 case A “Is the owner of the vehicle (if different from the driver) liable in any
way?”.

Could the ADAS manufacturer be considered liable for part of the damage?

                                     3


                    2                                     2

                                                                           1




               No               M a ybe            Ye s           I don't k now

                        Is the ADAS m a nufa c ture r lia ble ?




             ARGUMENTS AGAINST                                                    ARGUMENTS FOR


       The manufacturer could be held liable
       for lack of adequate warning (e.g.
       auditory and additionally visual, etc.
       warning).

       If proven malfunction or performance
       under expectation (advertised
       capabilities for instance), then the ADAS
       manufacturer is held liable. The
       manufacturer of any product is liable for
       injury or physical damage cause by
       defects in her/his products provided that
       certain requirements are met.


ADVISORS WP3 Risk analysis and liability issues                                                   Page 31 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                        D3.2


Comments
The answers are almost evenly distributed to “yes”, “maybe” and “no”. The respondents seem
to be uncertain towards the ADAS manufacturer liability. The comments expressed are that in
case the warning is proved to be inadequate, this is considered to be a serious defect of the
product. The ADAS manufacturer is then found liable, according to the legislation of the
manufacturer’s liability. See also relevant comments stated in the relevant question of case A.

If the ADA system manufacturer had provided the driver with a manual clearly
explaining the system limitations, would this alleviate the manufacturer from liability?


                                  4

                                                3




                                                             1
                      0
                 No          Maybe          Yes       I don't know


            W ould an explicit manual alleviate the m anufacturer
                                from liability?




             ARGUMENTS AGAINST                                                 ARGUMENTS FOR


                                                                    The manufacturer’s liability is reduced
                                                                    when s/he has performed her/his duty
                                                                    as   far    as   the   client   awareness
                                                                    enhancement is concerned, by providing
                                                                    the consumer with a manual clearly
                                                                    explaining the system limitations.



Comments
The respondents are positioned positively towards the edition of an explicit manual.
As stated above, the ADAS manufacturer will be most likely alleviated from (at least part of
her/his) liability if s/he provides the user with proper feedback on the system’s limitations.




ADVISORS WP3 Risk analysis and liability issues                                                     Page 32 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                    D3.2


Is it necessary for a manufacturer to underline the system’s properties in ways other
than providing information in a manual?

                                       3


                       2


                                                            1             1



                 No               M a ybe            Ye s          I don't know

                Is othe r inform a tion ne c e s s a ry to be provide d
                            a dditiona lly to the m a nua l?




           ARGUMENTS AGAINST                                                         ARGUMENTS FOR


                                                                       Provided this information is complete and
                                                                   accurate additional data would be indeed useful.


Comments
No definite need for extra ways of underlining the system properties is identified (as
commented in the relevant question of case A as well).

Could the Car manufacturer be held liable for part of the damage?

                   3                   3




                                                            1                 1



              No                 M a ybe              Yes           I don't k now

                           Is the ca r m a nufa cture r lia ble?




              ARGUMENTS AGAINST                                                            ARGUMENTS FOR

   As the car manufacturer installed the system
                                                                              As    long     as   the   car   manufacturer
   in the car (not a mandatory or after-sales
                                                                              ensures the safe performance of any
   system), it is also liable.
                                                                              original equipment, such as ADAS, s/he
                                                                              can be completely alleviated from any
                                                                              liability.


ADVISORS WP3 Risk analysis and liability issues                                                                Page 33 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                D3.2


Comments
See comments made in the relevant question of case A.

Case C: It is proven that the system performed well, the warning in this case was in time
and therefore the threshold of 3 sec was enough to prevent this specific accident.
However the driver did not brake accordingly. The driver claims that s/he did not
hear/see/understand the warning.

Could the driver be considered liable?

                                                     8




                    0                0                               0
               No             Maybe              Yes         I don't know

                    Could the drive r be cons ide r e d liable ?




             ARGUMENTS AGAINST                                              ARGUMENTS FOR


       The responsibility deriving from a traffic
       accident is objective, i.e the driver is
       held responsible from the moment s/he
       drives a vehicle taking into account the
       weather and road condition, whether it is
       an ADAS equipped vehicle or not.
       ADAS      are       advisory          and       not
       autonomous systems. The driver is
       responsible for the good operation of
       her/his vehicle.


Comments
The driver is once more found unanimously liable. Her/His duty to drive with due care and
attention cannot be substituted by the system’s performance.




ADVISORS WP3 Risk analysis and liability issues                                             Page 34 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                     D3.2


Could the driver claim alleviation from any liability?

                    5




                                       2


                                                              0                  0
               No                M a ybe               Ye s             I don't k now

                        C o u ld th e d r ive r claim alle viatio n ?




            ARGUMENTS AGAINST                                                           ARGUMENTS FOR


                                                                                 The driver could claim alleviation due
                                                                                 to malfunction of the ADAS.


Comments
No alleviation is actually recognised for the driver.
In the case when a warning is indeed produced but the driver does not hear/see it, the question
posed is whether the ADAS warning was inadequate/insufficient or whether the driver was
inattentive so as to ignore the warning completely. If the first case is proved, then the product
can be considered defective, which means that the driver is alleviated, the liability burdening
the ADAS manufacturer.

Is the owner of the vehicle (if different from the driver) liable in any way?


                    4

                                       3




                                                            1                   1


               No                Maybe                 Yes              I don't know

                            Is the ve hicle ow ne r liable ?




ADVISORS WP3 Risk analysis and liability issues                                                                Page 35 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                              D3.2



              ARGUMENTS AGAINST                                                     ARGUMENTS FOR

       If the owner has allowed an intoxicated                           It is the driver who is responsible for
       person to drive the vehicle, s/he could be                        the sufficient condition of the car s/he is
       partly liable.                                                    driving.
       If it was an employee/employer situation
       and the employee can make it clear that
       s/he did not understand the system, then
       maybe the driver could argue that there
       is some responsibility placed on the
       employer.


Comments
The respondents seem to be divided as far as the owner’s liability is concerned. The answers
are therefore distributed between “no” and “maybe”.
The owner can be indeed held liable when having knowingly allowed a person not fit for driving
to drive her/his vehicle.
In case the owner happens to be the driver’s employer, then again liability can be held to the
owner/employer, according to the Health and Safety law during working.

Could the ADAS manufacturer be considered liable for part of the damage?


                     5



                                    3




                                                      0              0
                No             Maybe            Yes          I don't know

                         Is the ADAS m anufacturer liable?




             ARGUMENTS AGAINST                                                      ARGUMENTS FOR


       The manufacturer could be held liable                             The driver is responsible for the control
       for lack of adequate warning (e.g.                                of the vehicle, not the system.
       auditory and additionally visual, etc.
       warning).




ADVISORS WP3 Risk analysis and liability issues                                                        Page 36 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                            D3.2


Comments
No obvious liability is placed on the manufacturer. Five (5) out of eight (8) respondents found
the ADAS manufacturer not liable.
However, the argument that will finally decided on the manufacturer’s liability would be to prove
whether it was the driver’s fault not to see/hear or understand the warning or whether it was a
fault in the design of the system.

Could the Car manufacturer be held liable for part of the damage?


                   3              3




                                                      1              1



              No            Maybe               Yes         I don't know

                       Is the car m anufacture r liable ?




            ARGUMENTS AGAINST                                               ARGUMENTS FOR


   As the car manufacturer installed the                           Provided that the vehicle is technically
   system in the car (not a mandatory or                     OK, the manufacturer cannot be even partly
   after-sales system), it is also liable.                   liable for a mistake made by the driver in
                                                             traffic.

                                                                   As long as the car manufacturer ensures
                                                             the     safe   performance   of   any    original
                                                             equipment, such as ADAS, s/he cannot be
                                                             held liable.

Comments
The response to his question is once more inconclusive. The respondents are divided between
the answers “no” and “maybe”. The comments made are the same with the comments made in
the relevant question of the previous case.




ADVISORS WP3 Risk analysis and liability issues                                                      Page 37 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                 D3.2


General Questions arisen in all, A, B and C cases
Does the type of the road play any role in the liability question? (Would the liability
question be examined differently if the accident had taken place on a motorway / rural /
urban road?)

                   6




                                                           1              1
                                      0

              No               M a ybe              Ye s           I don't know

                   Do e s the type o f r oad affe ct the s ituatio n?




                       NEGATIVE                                                   POSITIVE


       According to the Highway Code the
       driver must be able to adjust her/his
       driving speed, taking into account the
       road condition.

       The ADAS may have been designed to
       work   under        certain        traffic/geometric
       conditions that have to be taken into
       consideration when setting an ADAS in
       function.

Comments
The type of road does not affect the case of liability according to the respondents. They indeed
need to be taken into consideration before setting an ADAS into function, however, the driver
should be at all times alert to adjust her/his driving speed according to the road condition.




ADVISORS WP3 Risk analysis and liability issues                                              Page 38 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


Would there be any difference in your answers if you take into consideration that
different types of damage may occur? (i.e. personal injury vs. property damage)

                   5




                                    1                  1                1


             No              Maybe               Yes          I don't know

               Doe s the type of dam age affe ct the s ituation?


Comments
According to the respondents, the type of damage is not affecting liability issue as this was
identified in the previous questions. However, no arguments to support or reject the idea that
the type of damage affects the situation were stated.
The only comments made referred to the way, how liability should be divided to the potential
responsible parts, i.e. the responsibility according to the criminal law is placed as a whole to
the driver. The responsibility according to the civil law is shared between the driver, the owner
and the insurance company. The owner's responsibility is restricted to the vehicle value, while
the insurance company's responsibility is restricted to the insurance premium.

Would there be any difference in your filled-in answers for Scenario 1, after considering
the Scenario 1’ possible outcome?


                                    6




                                                                        2


                   0                                   0

             Yes               No            Maybe, if…        No answer
              Did Sce nario 2' afe ct your ans w e rs in Sce nario 2?


Comments
The respondents are definite with respect to the answers they have given. None of them felt
like reviewing her/his answers after having seen the negative aspects of the S\Distance
Warning System implementation.




ADVISORS WP3 Risk analysis and liability issues                                  Page 39 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


Scenario 2: Warning by the system in road departure risk: An accident is avoided.




         ADAS car
The car is equipped with a system producing warning sounds in case of road departure risk.
The system calculates the time distance from the white marking of the lane every 0.2 ms. If this
is lower than 1 sec (a threshold defined by adequate testing during the development phase),
then a sound warning is generated.

After a long trip on a highway at night, the driver is feeling extremely sleepy. At a micro-sleep
incident, the car starts drifting from the lane and is about to leave the road. The ADAS
generates a warning sound alarm (i.e. virtual rumble strips sound) and alerts the driver in time
to avoid the accident.

Would you accept to cover the use of such an aid as part of the car insurance premium
(within its current limitations)?


                   4




                                    2                          2


                                                 0
                Yes            No        Maybe, if…     No answ er


             Would you cover such an aid as part of the insurance
                                prem ium ?

Comments
As reported in the case of the Distance Warning system implementation, two (2) out of three
(3) insurers would not accept to cover the implementation of a Lane keeping warning system.
The positive answers were given by the rest of the experts questioned.




ADVISORS WP3 Risk analysis and liability issues                                  Page 40 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                                                                               D3.2


Would you promote the use of such an aid?


                    5




                                                                                                                                                                                                       2

                                                                                                                                       1
                                                              0
                 Ye s                                    No                                                          M aybe , if…                                                No ans w e r


                    Would you prom ote the us e of s uch an aid?




If yes, how?

                                        3


                                                                       2                             2


                                                                                                                              1                     1                          1               1
                                                                                                                        Publish info




                                                                                                                                                                                           No answer
                                                                                                                                           Enhance company's info

                                                                                                                                                                    Offer tax incentives
                                                              Inform the clients

                                                                                   Offer insurance fee reductions*
                              Support its advertisment




                            In w hat w ays w ould you pr om ote the
                                      us e of s uch an aid?

*that will be based on further research.


Comments
All insurers would agree to promote the Lane keeping warning system, even under certain
conditions (Answer: Maybe if the system was effective enough). The means proposed for the
promotion of ADAS were in this case the same as in the case of the Distance warning system.
Please refer to the diagram above.




ADVISORS WP3 Risk analysis and liability issues                                                                                                                                                            Page 41 of 179
ADVISORS Contract No. GRD1-1999-10047                                                    D3.2


Would you object to the use of such an aid?


                                   6




                                                                  2
                      0                             0

                Yes           No           Maybe, if… No answ er


              Would you object to the use of such an aid?

Comments
None of the respondents who answered would like to object to the use of such and ADAS.

How would having the system in the car influence the insurance fee?


                                                            6




                                                2
                          0            0
                 Increase Dicrease No effect              No
                                                        answ er

                  How w ould having the system in the
                    car influence the insurance fee?

Comments
The only two respondents who answered this question were neutral. No effect is expected on
the insurance fee as a result of the ADAS implementation, according to them.

Commentary on the Lane keeping warning system
    The system cannot replace the driver's obligation to be alert when driving a vehicle.
    The system should be coupled with another attention/drowsiness monitoring
    system.




ADVISORS WP3 Risk analysis and liability issues                             Page 42 of 179
ADVISORS Contract No. GRD1-1999-10047                                                       D3.2


Scenario 2’: Driver’s lack of reaction to system warning in road departure risk: An
accident is not avoided




         ADAS car




In the case examined here, the ADAS vehicle is equipped with a warning system, exactly as
the one described in Scenario 2.
Although the driver is not in an appropriate condition to drive (tiredness, drunkenness etc), s/he
does not stop driving. Instead, s/he relies on the ADAS to give her/him the timely warning. The
vehicle departs from the motorway and property damages occur to the ADAS vehicle / to
vehicles parked at the side of the road, as:

Case A: It is proven that the ADA system did not operate properly, i.e. it did not issue a
warning at all, due to operational imitations of the system (bad weather, bad road
surface, bad road lining, etc.). The driver claims that this system error is the cause of
the accident.
In the manual it is mentioned that the ADAS is designed to operate under certain basic
conditions, such as proper road quality and lining, without, however, referring to any
special definition on what is to be considered as proper road quality or lining or to any
specific cases / scenarios where the system’s performance is limited.

Could the driver be considered liable?


                                                8




                    0            0                            0
               No            Maybe          Yes       I don't know
                    Could the driver be considered liable?




ADVISORS WP3 Risk analysis and liability issues                                   Page 43 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                  D3.2



             ARGUMENTS AGAINST                                              ARGUMENTS FOR


       The driver is liable for not conforming
       with the Highway Code, according to
       which the driver must not drive a
       vehicle, if s/he is tired, has consumed
       alcohol, etc. or if her/his ability to drive is
       otherwise reduced.

       The responsibility deriving from a traffic
       accident is objective, i.e the driver is
       held responsible from the moment s/he
       drives a vehicle taking into account the
       weather and road condition, whether it is
       an ADAS equipped vehicle or not.
       ADAS are advisory and not
       autonomous systems. The driver is
       responsible for the good operation of
       her/his vehicle.


Comments
The driver was in this case as well, found unanimously liable. No arguments were stated to
alleviate him even from part of her/his liability.

Could the driver claim alleviation from any liability?



                       6




                                   1             1               0

                  No          Maybe           Yes        I don't know
                       Could the driver claim alleviation?




             ARGUMENTS AGAINST                                              ARGUMENTS FOR

                                                                     The manual is unclear.

                                                                     The system is not performing up to
                                                                     expectancies.



ADVISORS WP3 Risk analysis and liability issues                                               Page 44 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                           D3.2


Comments
Even though the driver was considered by all respondents liable, proving that the ADAS did not
work properly would place part of the liability to the ADAS manufacturer.

Is the owner of the vehicle (if different from the driver) liable in any way?


                      4



                                   2             2


                                                                 0

                 No           Maybe          Yes         I don't know
                          Is the vehicle owner liable?




             ARGUMENTS AGAINST                                               ARGUMENTS FOR


       If the owner has knowingly allowed an                         In the case of a person driving a car,
       intoxicated person or a person not fit to                     while knowing that s/he is under the
       drive the vehicle, then the owner could                       state of tiresomeness or drunkenness,
       be partly liable of this offence.                             there is no relation identified between
                                                                     the accident and the owner of the car.
                                                                     Neither in the case where the latter is
                                                                     the employer of the driver when in duty.


Comments
Half of the respondents claim that no liability can be placed on the owner. However the other
half part is divided between the answers “maybe” and “yes”.
The arguments given are exactly supporting these two opposite positions, one claiming that
when the driver is not fit to drive (due to tiresomeness, drunkenness, etc.) then no other party
can be held liable, while the other claims that liability could be placed on the owner provided
that it is proven that s/he has knowingly allowed a person to drive while not fit.




ADVISORS WP3 Risk analysis and liability issues                                                   Page 45 of 179
ADVISORS Contract No. GRD1-1999-10047                                                           D3.2


Could the ADAS manufacturer be considered liable for part of the damage?


                                   4



                    2

                                                 1             1


                  No           Maybe           Yes      I don't know
                       Is the ADAS manufacturer liable?




             ARGUMENTS AGAINST                                         ARGUMENTS FOR


       The ADAS manufacturer could be held
       liable for providing the consumers with
       an    unclear         manual;    for      poor
       performance of the system in general;
       for having conducted too little research
       during the R&D phase of the product.


       If the system functioned correctly but the
       warnings        and      instructions         that
       accompanied the system were poor,
       then maybe the ADAS manufacturer
       could have some liability.


Comments
The ADAS manufacturer is in this case treated differently as far as her/his liability is concerned.
Half of the respondents are not sure about the ADAS manufacturer liability. Two consider
her/him not liable, while one considers her/him liable. The response is therefore inconclusive.
The arguments given concern failure of the ADAS manufacturer to comply with the
manufacturer’s duty, with regard to the ADAS promotion, from its development phase to its
performance.




ADVISORS WP3 Risk analysis and liability issues                                        Page 46 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                       D3.2


If the ADA system manufacturer had provided the driver with a manual clearly
explaining the system limitations, would this alleviate the manufacturer from liability?


                     2         2        2



                                                   1          1



                 No        Maybe       Yes     I don't No answer
                                                know
                     Would an explicit manual alleviate the
                         manufacturer from liability?




            ARGUMENTS AGAINST                                             ARGUMENTS FOR


                                                                  Providing the driver with a manual clearly
                                                                  explaining the system limitations would
                                                                  alleviate the manufacturer from liability.
                                                                  Under the condition that the manual does
                                                                  not promise guaranteed functionalities.


Comments
The response to this question is again inconclusive. The respondents are evenly divided
between the answers “no”, “maybe” and “yes”.
The arguments provided are in favour of the manufacturer and make clear the need for
concrete and complete instructions/feedback on the ADAS.

Is it necessary for a manufacturer to underline the system’s properties in ways other
than providing information in a manual?


                                   5




                     1                         1              1

                No            Maybe          Yes       I don't know
               Is other information necessary to be provided
                          additionally to the manual?




ADVISORS WP3 Risk analysis and liability issues                                                 Page 47 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                          D3.2


Comments
As in the relevant questions already analysed above in different scenarios and cases,
information further than the manual are not considered determinative. However they may be
proved in many cases useful, especially when revealing new data, not included in the manual.

Could the Car manufacturer be held liable for part of the damage?


                     4




                                                  2

                                  1                                 1


                No           Maybe             Yes          I don't know
                         Is the car m anufacturer liable?




              ARGUMENTS AGAINST                                              ARGUMENTS FOR


   As the car manufacturer installed the system                      As    long   as   the    car   manufacturer
   in the car (not a mandatory or after-sales                        ensures the safe performance of any
   system), it is also liable.                                       original equipment, such as ADAS, s/he
                                                                     cannot be held liable.


Comments
See comments in the relevant question of case A.

Case B: It is proven that the ADA system did generate a warning at a time distance of 1
sec. However it is proven that the threshold of 1 sec was too short to prevent this
specific accident, due to the environmental conditions (weather, road surface, etc.) that
prevented the driver from regaining the control of the vehicle after having declined so
much from its proper route. The driver claims that he/she completely relied on the
system.




ADVISORS WP3 Risk analysis and liability issues                                                      Page 48 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                D3.2


Could the driver be considered liable?


                                                     8




                     0                0                              0

               No                Maybe            Yes        I don't know
                         Could the driver be considered liable?




             ARGUMENTS AGAINST                                              ARGUMENTS FOR


       The responsibility deriving from a traffic
       accident is objective, i.e the driver is
       held responsible from the moment s/he
       drives a vehicle taking into account the
       weather and road condition, whether it is
       an ADAS equipped vehicle or not.
       ADAS are advisory and not
       autonomous systems. The driver is
       responsible for the good operation of
       her/his vehicle.

Comments
The driver is held unanimously liable.

Could the driver claim alleviation from any liability?


                     6




                                      1                 1            0

                No               Maybe            Yes        I don't know
                           Could the driver claim alleviation?




ADVISORS WP3 Risk analysis and liability issues                                             Page 49 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                             D3.2



             ARGUMENTS AGAINST                                                     ARGUMENTS FOR


                                                                         The driver could claim alleviation due to
                                                                         malfunction of the ADAS.

                                                                         The driver could claim alleviation if s/he
                                                                         establishes liability on the highway
                                                                         authority due to inappropriate road
                                                                         lining.


Comments
The driver is unanimously held liable. Alleviative factors would be, according to the
respondents, ADAS proven malfunction which would place part of the liability to the ADAS
manufacturer or proven bad road lining/condition that would place some liability on the highway
authority.

Is the owner of the vehicle (if different from the driver) liable in any way?


                   3            3


                                                 2




                                                                 0

              No           Maybe           Yes           I don't know
                        Is the vehicle owner liable?


Comments
The experts’ responses were inconclusive. Their opinions are evenly divided to the different
answers “no”, “maybe” and “yes”. The arguments stated mostly emphasised the driver’s duty to
concentrate on the driving function rather than relying on the ADAS.

Could the ADAS manufacturer be considered liable for part of the damage?

                                 3



                   2                                 2

                                                                     1




              No            Maybe            Yes          I don't know
                       Is the ADAS manufacturer liable?




ADVISORS WP3 Risk analysis and liability issues                                                        Page 50 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                   D3.2



             ARGUMENTS AGAINST                                          ARGUMENTS FOR


       The ADAS worked according to the                          The ADAS manufacturer could be held
       manual,        which       alleviates    the              liable for providing the consumers with
       manufacturer from any liability.                          an    unclear    manual;     for   poor
                                                                 performance of the system in general;
                                                                 for having conducted too little research
                                                                 during the R&D phase of the product.



Comments
The respondents have not agreed upon the ADAS manufacturer liability. Their responses are
divided. According to the comments made, on one hand the ADAS manufacturer can be
alleviated from any liability as the system worked according to the manual specifications. On
the other hand the system’s failure to provide the driver in time with a warning, can be due to
the manufacturer’s negligence to invest on research during the ADAS development phase,
which places liability on her/him.

If the ADA system manufacturer had provided the driver with a manual clearly
explaining the system limitations, would this alleviate the manufacturer from liability?


                              3


                   2


                                         1         1         1


                 No       Maybe        Yes     I don't   No answer
                                                know
             Would an explicit manual alleviate the manufacturer
                                from liability?



Comments
Again there is no conclusive answer to this question. The respondents feel that an explicit
manual would be an alleviative element for the manufacturer, while another three respondents
do not have a clear view of whether an explicit manual would support the manufacturer or not.




ADVISORS WP3 Risk analysis and liability issues                                              Page 51 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                              D3.2


Is it necessary for a manufacturer to underline the system’s properties in ways other
than providing information in a manual?


                                       4




                        2


                                                       1                 1


                 No               Maybe             Yes          I don't know
          Is othe r infor m ation ne ce s s ar y to be pr ovide d additionally
                                   to the m anual?




              ARGUMENTS AGAINST                                                     ARGUMENTS FOR


                                                                             Additional data can be proved useful if
                                                                             by this way new facts are provided to
                                                                             the driver, regarding the exact type of
                                                                             the device implemented.


Comments
The dominant answer to this question is “maybe”. The argument stated is that the need for
further information beyond the manual depends on the complexity of the system. However the
idea is that new data revealing unknown features of the system could be proved useful.
No further ways of explaining the system features are considered determinative.

Could the Car manufacturer be held liable for part of the damage?


                    4




                                       2


                                                        1                    1


               No                M aybe             Ye s          I don't k now
                            Is the car m anufacture r liable ?




ADVISORS WP3 Risk analysis and liability issues                                                         Page 52 of 179
ADVISORS Contract No. GRD1-1999-10047                                                        D3.2


Comments
The responses given to this question are in absolute compliance with the relevant questions
analysed above. The car manufacturer is mainly found not guilty. However, if failure of the
system is caused by a defect in the vehicle (lack in supporting original systems, such as
ADAS), then the car manufacturer is liable as directly involved.

Case C: It is proven that the system performed well and the threshold of 1 sec was
enough to prevent this specific accident, so the warning was in time in this case.
However the driver did not react accordingly. The driver claims that s/he did not
hear/see/understand the warning.

Could the driver be considered liable?


                                                        8




                  0                   0                                     0
             No                 M aybe              Ye s               No
                      Could the dr ive r be cons ide r e d liable ?


Comments
The driver is held liable as the only responsible for the accident. The arguments stress out
her/his duty to comply with the Highway Code and avoid driving when not fit to do so.

Could the driver claim alleviation from any liability?

                  6




                                      1                 1
                                                                            0
             No                M aybe               Ye s          I don't k now
                        Could the dr ive r claim alle viation?


Comments
The driver is the only responsible and could therefore claim no alleviation from her/his liability.
Part of the liability could be shared with the manufacturer, provided it is proved that the system
failed to meet the advertised/guaranteed expectations.


ADVISORS WP3 Risk analysis and liability issues                                    Page 53 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                D3.2


Is the owner of the vehicle (if different from the driver) liable in any way?


                   3              3



                                                  2




                                                                     0
              No            Maybe             Yes            I don't know
                         Is the vehicle ow ner liable?




               ARGUMENTS AGAINST                                            ARGUMENTS FOR


       If the owner has knowingly allowed an
       intoxicated person or a person otherwise
       not fit to drive the vehicle, could s/he then
       be partly liable of this offence.

       If it was an employer/employee situation
       and the vehicle could be regarded as a
       workplace, then if the driver claimed that
       s/he   was      given    inadequate       training,
       perhaps the owner/employer would have to
       accept some liability.

       In case of a car hire situation there is an
       open issue whether the owner failed in
       her/his duty towards the hirer by not fully
       explaining the warning system.


Comments
As stated above, the vehicle owner can be held liable in very certain cases. The respondents
are divided, almost evenly, between “yes” and “no”, while the rest do not take a clear position
(“maybe”).




ADVISORS WP3 Risk analysis and liability issues                                             Page 54 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                            D3.2



Could the ADAS manufacturer be considered liable for part of the damage?

                     4


                                        3




                                                           1
                                                                                0
             No                  M aybe                 Ye s         I d o n't k n ow
                          Is the ADAS m anufactu r e r liab le ?




             ARGUMENTS AGAINST                                                          ARGUMENTS FOR


       The ADAS manufacturer could be held
       liable for providing the consumers with
       an    unclear           manual;         for       poor
       performance of the system in general;
       for having conducted too little research
       during the R&D phase of the product.


Comments
No liability is clearly placed on the ADAS manufacturer. However, almost half of the
respondents express their doubt (“maybe”) on whether s/he is indeed responsible or not. The
argument on which this doubt is based is cited above.

Could the Car manufacturer be held liable for part of the damage?

                 5




                                                                         1
                                    1                1

            No                M aybe             Ye s           I don't k now
                         Is the car m anufacture r liable ?




ADVISORS WP3 Risk analysis and liability issues                                                         Page 55 of 179
ADVISORS Contract No. GRD1-1999-10047                                                         D3.2


Comments
See comments in the relevant question of case A.

General Questions arisen in all, A, B and C cases
Does the type of the road play any role in the liability question? (Would the liability
question be examined differently if the accident had taken place on a motorway / rural /
urban road?)

                 5




                                   1                   1              1


            No              M aybe              Ye s         I don't k now
                 Doe s the type of r oad affe ct the s ituation?


Comments
According to the respondents opinions, the road type does not or should not affect the liability
issue, based on the argument that the driver is expected, according to the Highway Code, to
take into consideration the road type when driving.

Would there be any difference in your answers if you take into consideration that
different types of damage may occur? (i.e. personal injury vs. property damage)

                 5




                                   1                   1               1


            No              M aybe              Ye s          I don't k now
              Doe s the type of dam age affe ct the s ituation?


Comments
The type of damage does not alter the verdict of the questioned on the different factors’ liability,
even though the severity of charge may be different when corporal damage occurs.




ADVISORS WP3 Risk analysis and liability issues                                     Page 56 of 179
ADVISORS Contract No. GRD1-1999-10047                                                 D3.2


Would there be any difference in your filled-in answers for Scenario 2, after considering
the Scenario 2’ possible outcome?


                                    6




                                                                        2


                   0                                  0

             Yes               No            Maybe, if…        No answ er
              Did Sce nario 2' afe ct your ans w e rs in Sce nario 2?


Comments
None of the respondents who answered would like to revise her/his answers after having seen
the possible negative performance of the Lane keeping warning system.




ADVISORS WP3 Risk analysis and liability issues                             Page 57 of 179
ADVISORS Contract No. GRD1-1999-10047                                                         D3.2


Scenario 3: Warning by the system in case of lane exit: An accident is avoided




                     ADAS car

The car is equipped with a system producing warning sounds in case there exists another car
in the left blind spot area. The visibility range of the system is 5 m.

On a three-lane road, the ADAS car is at the rightmost lane. The driver wants to change lane
and looks to the left. There is no car at the middle lane, so the driver starts the lane-changing
manoeuvre. At the same time, the car on the leftmost lane suddenly changes to the middle
lane and accelerates. The system warns the driver of the ADAS car, preventing the driver from
changing lane, thus avoiding the accident.

Would you accept to cover the use of such an aid as part of the car insurance premium
(within its current limitations)?


                     4




                                       2                                   2




                                                        0

              Ye s                No            M aybe , if…      No ans w e r


         Would you cove r s uch an aid as par t of the ins ur ance pr e m ium ?


Comments
As in the previous cases, the insurers seem to be the most reluctant respondents as far as
ADAS inclusion in the insurance premium is concerned. Before covering any new ADAS, they
would like to have hard facts on their effects to traffic safety. The rest of the questioned experts
are in favour of including the Blind spot area detection system in the insurance premium, while
two of the lawyers questioned have not filled in the session addressed to insurers.




ADVISORS WP3 Risk analysis and liability issues                                     Page 58 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                      D3.2


Would you promote the use of such an aid?


                    5




                                                                                                                              2

                                                                                            1
                                                            0
                Ye s                                   No                    M aybe , if…                  No ans w e r


                       Would you pr om ote the us e of s uch an aid?




If yes, how?
                                                                                                                         4

                               3

                                                2

                                                                  1             1               1          1
                                        Publish info




                                                                                                      company's
                                                            incentives




                                                                                                                  No answer
                                                                                         Inform the
                                                                         insurance fee
                                                             Offer tax




                                                                                                       Enhance
                         advertisment




                                                                          reductions*
                          Support its




                                                                                           clients



                                                                                                         info
                                                                             Offer




                       In w hat w ays w ould you pr om ote the us e of s uch
                                              an aid?


*that will be based on further research.


Comments
The respondents are in favour of promoting the implementation of ADAS using the standard
means of advertising or by imposing certain policies. Please refer to relevant figures above.

Would you object to the use of such an aid?


                                                            6




                                                                                                                   2

                         0                                                                 0
                  Ye s                                 No                  M ayb e , if…                No an s w e r


                 W o u ld yo u o b je ct to th e u s e o f s u ch an aid ?


ADVISORS WP3 Risk analysis and liability issues                                                                                   Page 59 of 179
ADVISORS Contract No. GRD1-1999-10047                                                               D3.2


Comments
Even if the insurers expressed reluctance towards insuring ADAS, none would object to the
use of such an aid.

How would having the system in the car influence the insurance fee?


                                                                                   6




                                                              2


                      0                   0
            In c r e a s e       Dic r e a s e       No e f f e c t      No a n s w e r


         Ho w w o u ld h a v in g t h e s y s t e m in t h e c a r in f lu e n c e t h e
                                   in s u r a n c e f e e ?


Comments
No conclusive response was given to this question as most of the respondents gave no
answer.

Commentary on the Blind spot area detection system
It was again stressed out that ADAS should be coupled with another attention/drowsiness
monitoring system.




ADVISORS WP3 Risk analysis and liability issues                                            Page 60 of 179
ADVISORS Contract No. GRD1-1999-10047                                                         D3.2


Scenario 4: Intervention by the system in motorway entrance: An accident is avoided




   ADAS car




The ADAS car is equipped with a distance adjustment system, on which the driver can
interfere. This system provides warning to the driver, and if required, decelerates the car, in
case it comes too close to a front obstacle / car. The system calculates the time distance from
the front car (actual distance / speed difference of cars) every 0.2 ms. If this is lower than 3 sec
(a threshold defined by adequate testing during the development phase), then a warning is
generated. If this distance becomes lower than 1.5 sec, then the system automatically brakes
the car with a deceleration of –4 m/s2. The driver can apply higher deceleration according to
her/his opinion.

The driver is engaged in a conversation with a car passenger, while running at high speed on a
motorway. Suddenly, another vehicle enters the motorway in a low speed. The driver does not
notice it due to the conversation. The ADAS notices it in time and intervenes (brakes the car),
whereas the driver would have seen it too late.

Would you accept to cover the use of such an aid as part of the car insurance premium
(within its current limitations)?


                   3                3


                                                               2




                                                 0
                Yes            No        Maybe, if…     No answ er
              Would you cover such an aid as part of the insurance
                                 prem ium ?




ADVISORS WP3 Risk analysis and liability issues                                     Page 61 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                    D3.2


Comments
Two of the three insurers questioned still would not accept to cover the use of such an aid as
part of the car insurance premium. However, this is the first system where one less respondent
supports the inclusion of the system to the insurance premium. It is also the first scenario in
which the number of respondents who are in favour of the inclusion of the system to the
insurance premium are as many as the ones who object to it. This is most probably due to the
fact that this is the first system, which “takes initiative” and interferes with the driver.

Would you promote the use of such an aid?


                          4




                                                                                                               2

                                                      1                         1


                  Yes                           No                  Maybe, if…                    No answ er
                           Would you promote the use of such an aid?




If yes, how?

                                                                                                                           4




                        2                  2               2




                                                                          1              1                 1
                                                 fee reductions*
                                 Publish info




                                                                                com pany's info




                                                                                                                   No answ er
                                                 Offer insurance



                                                                   Inform the




                                                                                                    incentives
                 advertisment




                                                                                                     Offer tax
                  Support its




                                                                     clients


                                                                                   Enhance




                 In w hat w ays w ould you prom ote the use of such an aid?

*that will be based on further research.


Comments
The respondents are keen on promoting ADAS. The means suggested for its promotion are
shown in the figure above.




ADVISORS WP3 Risk analysis and liability issues                                                                                 Page 62 of 179
ADVISORS Contract No. GRD1-1999-10047                                                          D3.2


Would you object to the use of such an aid?


                                        4




                                                                               2


                    1                                      1



             Ye s                  No             M ayb e , if…       No an s w e r


                    Wo u ld you o bje ct to the us e o f s u ch an aid ?


Comments
This is the first system when a respondent objected to the use of an ADAS. The positive
answer is explained by the fact that this is the first system among those described in this
Questionnaire that interferes with the driver.

How would having the system in the car influence the insurance fee?

                                                                              6




                                                            2


                         0                  0

              Incr e as e         Dicr e as e       No e ffe ct      No ans w e r


             How w ould having the s ys te m in the car influe nce the
                                ins ur ance fe e ?

Comments
No conclusive response was given to this question as most of the respondents gave no
answer.

Commentary on the Distance adjustment system
It was stressed out that the benefits of the system should be evaluated for a long time, so as to
weigh its effect on accidents, i.e. prove the decrease of accidents, after the system becomes
widely implemented.
The reluctance towards the interfering nature of the system described was expressed in the
following argument: Functionalities that take over part of the driver's control over the car have
also its reverse side. There is a doubt whether this functionality leads to the driver’s losing the
rest of the control, in case s/he is not familiar enough with the system (especially on a slippery


ADVISORS WP3 Risk analysis and liability issues                                       Page 63 of 179
ADVISORS Contract No. GRD1-1999-10047                                                   D3.2


road). Does the driver trust too much the auto-control of her/his car and lacks her/his own
attentiveness? Can those drivers who come behind the ADAS car see this kind of function to
avoid the rear-end collision?
Finally it was once more stated (by three experts in total) that the system should be coupled
with another attention/drowsiness monitoring system.




ADVISORS WP3 Risk analysis and liability issues                               Page 64 of 179
ADVISORS Contract No. GRD1-1999-10047                                                              D3.2


Scenario 4’: Car cutting-in in front of the ADAS car: An accident is not avoided




   ADAS car




The ADAS car is equipped with a distance adjustment system, on which the driver can
interfere, exactly as the car described in Scenario 4.
The ADAS vehicle is in the middle lane of a motorway. It follows a vehicle travelling in front, at
the distance adjusted by the system. When the vehicle in front changes lane to the left, the
driver accelerates because there is no other vehicle ahead at that moment. However, at the
very same moment there is a vehicle in the right lane changing to the middle lane. An accident
occurs while:

Case A: It is proven that the ADA system did not operate properly, i.e. it was not
activated at all, due to operational limitations of the system (bad weather, bad road
surface, bad road lining, etc). The driver claims that this system error is the cause of the
accident.
In the manual it is mentioned that the ADAS is designed to operate under certain basic
conditions, such as proper road quality and lining, without, however, referring to any
special definition on what is to be considered as proper road quality or lining or to any
specific cases / scenarios where the system’s performance is limited.

Could the driver be considered liable?


                                                             4


                                          3




                   1

                                                                                  0

              No                 M aybe               Ye s              I don 't k n ow


                       Could the dr ive r be co ns ide r e d liable ?




ADVISORS WP3 Risk analysis and liability issues                                           Page 65 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                             D3.2



               ARGUMENTS AGAINST                                                  ARGUMENTS FOR

                                                                           According to the Highway Code the
          The driver's responsibility is objective,
                                                                           driver of the yellow car (right lane) is
          i.e the driver is held responsible from
                                                                           liable. When changing lanes the driver
          the moment s/he drives an ADAS
                                                                           must make sure that s/he can do so
          equipped vehicle, whether s/he can
                                                                           without endangering the traffic.
          interfere into its function or not. S/He
          is    thus      more       than     obviously
          responsible in the present case,
          where s/he was able to intervene in
          the ADAS function.

Comments
This is the first system in which the respondents’ answers are divided. According to half of
them the driver is indeed liable. One of the respondents believes that the crash is entirely due
to the car in the right lane. Finally a number of experts did not express a clear view on the
liability of the driver. This was justified by the argument that the liability according to the law,
depends on whether the ADAS car collide the rear-end of the car coming from the right lane or
whether the car from the right lane collide into the right side of the ADAS car.
Once more, it should be emphasised that the factor that differentiates significantly the
responses to this question from all other cases investigated till now, is the intervening nature of
the described ADAS.

Could the driver claim alleviation from any liability?


                     3



                                      2                2




                                                                       0

                No             Maybe             Yes           I don't know


                         Could the driver claim alleviation?

Comments
In compliance with the previous question, the opinions on whether there are alleviative factors
for the driver’s liability are as well divided.
The arguments stated are the same as the ones in the previous question.




ADVISORS WP3 Risk analysis and liability issues                                                         Page 66 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                    D3.2


Was there any alternative driving behaviour to be used as a legal argument against
her/him?


                                      3                    3




                    2




                                                                         0

              No               M aybe               Ye s       I don't k now


                   Was the re any alte r native driving be haviour?




                   ARGUMENTS AGAINST                                            ARGUMENTS FOR

     The driver should have accelerated more slowly.

     The driver should have braked more strongly or
     change her/his route.


Comments
Additionally to certain suggestions on the alternative driving manoeuvres for the driver, it was
stated that according to the Highway Code the driver is at all times expected to take all
precautions when driving, so as to guarantee the safety of her/his vehicle and of the rest of the
traffic factors.
The opinions on possible driving behaviours are here as well divided.

Is the owner of the vehicle (if different from the driver) liable in any way?


                    4




                                        2                  2




                                                                         0

              No               M aybe               Ye s        I don't k now


                            Is the ve hicle ow ne r liable ?




ADVISORS WP3 Risk analysis and liability issues                                                 Page 67 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                  D3.2


Comments
Half of the respondents placed no liability on the owner of the vehicle, while the other half is
divided between the answers “maybe” and “yes”.
The latter justified their opinion presenting as an argument the case of a proven malfunction of
the ADAS either in the employer/employee situation or in the hire company situation (please
refer to previous relevant questions for more detailed description of the arguments).

Could the ADAS manufacturer be considered liable for part of the damage?

                   3




                                     2                 2




                                                                       1




              No            M aybe              Ye s          I don't k now
                       Is the ADAS m anufactur e r liable ?




             ARGUMENTS AGAINST                                                ARGUMENTS FOR


       The manufacturer could be held liable
       provided that s/he is sued for lack of a
       functionality of the system that was
       guaranteed (e.g. in the manual, or in the
       product advertisement).

Comments
The manufacturer is in general not held liable. The arguments stated in this case are the same
as the ones expressed in the previous relevant questions, as regards the legislative framework
set for the manufacturer.
However, the respondents give no common conclusive answer to the question. The ADAS
manufacturer’s responsibility is automatically regarded as more important from the moment
when her/his product intervenes into the driving function.




ADVISORS WP3 Risk analysis and liability issues                                               Page 68 of 179
ADVISORS Contract No. GRD1-1999-10047                                                         D3.2


If the ADA system manufacturer had provided the driver with a manual clearly
explaining the system limitations, would this alleviate the manufacturer from liability?


                                                           3




                    1                    1                                   1




               No               M aybe              Ye s          I don't k now
        Would an e xplicit m anual alle viate the m anufactur e r fr om liability?



Comments
The need for explicit and clear information on the ADAS features is made more important in
this case, where the system can “take initiative” with regard to the driving action.

Is it necessary for a manufacturer to underline the system’s properties in ways other
than providing information in a manual?


                                         4


                        3




                                                           1

                                                                         0

                 No             M aybe             Ye s         I don't k now
           Is othe r inform ation ne ce s s ary to be provide d additionally to
                                      the m anual?



Comments
As stated in previous relevant questions the need for information additional to the manual are
not considered determinative for the comprehension of the ADAS when an explicit manual
already exists.




ADVISORS WP3 Risk analysis and liability issues                                      Page 69 of 179
ADVISORS Contract No. GRD1-1999-10047                                                          D3.2


Could the Car manufacturer be held liable for part of the damage?


                 4




                                        2



                                                            1                1



            No                 M aybe                Ye s           I don't k now
                           Is the car m anufactur e r liable ?



Comments
See comments in the relevant question of case A.

Case B: It is proven that the ADA system did start braking the car at a time distance of
1.5 sec, however it is proven that either the threshold of 1.5 sec was not enough to
prevent this specific accident or the deceleration applied was too soft in this case. The
driver claims that s/he completely relied on the system.

Could the driver be considered liable?


                                                                6




                      1                     1
                                                                                 0

                 No               M aybe                Ye s          I don't k now
                          Could the dr ive r be cons ide r e d liable ?



Comments
This time it is clearer that the driver was liable. Most of the respondents agree on the driver’s
liability, while only one find him/her not liable and another one cannot decide upon the verdict.
The arguments stated made clear that any driving behaviour that does not comply with the
Highway Code places the liability on the driver either the driving function is supported by a
system or not. On the other hand any proven incompliance of the ADAS with its expected
features as they are described in the manual, excuses the driver of part of her/his liability.
Could the driver claim alleviation from any liability?


                      3

ADVISORS WP3 Risk analysis and liability issues                                       Page 70 of 179

                                            2                   2
ADVISORS Contract No. GRD1-1999-10047                                                                      D3.2




Comments
No conclusive answer is given. The respondents appear divided.

Was there any alternative driving behaviour to be used as a legal argument against
her/him?


                                                           5




                   2


                                        1
                                                                           0

              No               M aybe               Ye s          I don't k now
                   Was the r e any alte r native dr iving be haviour ?




             ARGUMENTS AGAINST                                                    ARGUMENTS FOR


        The driver should have accelerated
                       more slowly.

        The driver should have braked more
          strongly or change her/his route.




ADVISORS WP3 Risk analysis and liability issues                                                   Page 71 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                       D3.2


Comments
Most of the respondents agree that there was an alternative driving behaviour towards the
avoidance of the accident. As the case is not different in structure from the previous one (case
A) it can be concluded that this consent is most probably due to the fact that in this case no
adverse weather conditions can excuse the driver’s insufficient reaction.
 The suggestions on alternative manoeuvres are exactly the same as in the relevant question of the previous case.


Is the owner of the vehicle (if different from the driver) liable in any way?


                     4




                                       2                 2




                                                                        0

                No            M aybe              Ye s         I don't k now
                           Is the ve hicle ow ne r liable ?



Comments
The vehicle owner is basically held not liable. The arguments stated in this case against him
are the same as in the ones in the cases investigated till now, with regard to work Health and
Safety law according to which the employers’ liability Is defined, and the legislation in the case
of hiring a car that is proved not fit for this purpose.

Could the ADAS manufacturer be considered liable for part of the damage?


                                                         3




                     2                 2




                                                                        1




               No             M aybe              Ye s         I don't k now
                         Is the ADAS m anufacture r liable ?



Comments
The only arguments against the ADAS manufacturer are, as previously, the proof of the
manufacturer’s failure to provide a product up to its defined expectations. However, in this case


ADVISORS WP3 Risk analysis and liability issues                                                 Page 72 of 179
ADVISORS Contract No. GRD1-1999-10047                                                        D3.2


more respondents felt that the ADAS manufacturer is responsible for the accident due to the
particular ADAS features (interfering with the driving function).

If the ADA system manufacturer had provided the driver with a manual clearly
explaining the system limitations, would this alleviate the manufacturer from liability?


                                                            4




                    2



                                         1                                      1




               No               M aybe               Ye s           I don't k now
         Would an e xplicit m anual alle viate the m anufacture r from liability?



Comments
Similar as in the relevant question in case A of the same scenario.

Is it necessary for a manufacturer to underline the system’s properties in ways other
than providing information in a manual?


                                         4



                        3




                                                            1

                                                                            0

                 No             M aybe               Ye s         I don't k now
           Is othe r infor m ation ne ce s s ar y to be provide d additionally to
                                       the m anual?



Comments
The arguments stated with respect to additional information lead, as in all previous cases, to
the conclusion that they may be useful but surely not necessary to provide.




ADVISORS WP3 Risk analysis and liability issues                                     Page 73 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                           D3.2


Could the Car manufacturer be held liable for part of the damage?

                      4




                                             2



                                                                1                1




                 No                 M aybe               Ye s          I don't k now
                                Is the car m anufactur e r liable ?



Comments
Similar as in the relevant question in case A of the same scenario.

General Questions arisen in both, A and B cases
Does the type of the road play any role in the liability question? (Would the liability
question be examined differently if the accident had taken place on a motorway / rural /
urban road?)


                      3                      3




                                                                1


                                                                                0

                 No                 M aybe               Ye s          I don't k now
                          Doe s the type of r oad affe ct the s ituation?




                                                                                       ARGUMENTS FOR
             ARGUMENTS AGAINST
        The Highway Code states that the
        driver        should        appropriately          adapt
        driving to the type and condition of the
        road.

Comments
The respondents feel that the type of road plays rather no role in the decision on liability issues.
However it was stressed out in several comments that liability of certain factors depend on the


ADVISORS WP3 Risk analysis and liability issues                                                        Page 74 of 179
ADVISORS Contract No. GRD1-1999-10047                                                       D3.2


predefined specifications of the system as well as on the specifications of the road regarding its
capacity in supporting such systems.

Would there be any difference in your answers if you take into consideration that
different types of damage may occur? (i.e. personal injury vs. property damage)


                   5




                                                         2


                                       1
                                                                         0

             No               M aybe              Ye s          I don't k now
                   Doe s the type of dam age affe ct the s ituation?



Comments
The answer to the question is negative. Only two of the respondents have given a positive
answer while one is not sure if the liability of certain factors would be affected by the damage
caused.

Would there be any difference in your filled-in answers for Scenario 4, after considering
the Scenario 4’ possible outcome?


                                     6




                                                                          2



                   0                                     0

             Yes                No            M aybe , if…       No ans w er
               Did Scenario 4' afe ct your answ e rs in Scenario 4?



Comments
None of the respondents who answered would like to revise her/his answers after having seen
the possible negative performance of the Distance adjustment system.




ADVISORS WP3 Risk analysis and liability issues                                   Page 75 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                      D3.2




                  A D A S ca r




Scenario 4’’: Car cutting-in in front of the ADAS car: An accident is not avoided The
ADAS car is equipped with a distance adjustment system, on which the driver can interfere,
exactly as the car described in Scenario 4.
The ADAS vehicle is in the middle lane of a motorway. It follows a vehicle travelling in front, at
the distance adjusted by the system and is followed by another non ADAS equipped car. When
the vehicle in front changes lane to the left, the driver accelerates because there is no other
vehicle ahead at that moment. However, at the very same moment there is a vehicle in the
right lane changing to the middle lane. The ADAS vehicle automatically brakes. Supposing that
the deceleration grade chosen by the ADAS vehicle driver is 8 m/s2 performed within a
timeframe less than 0,5 sec, the following car has not enough time to break accordingly, so as
to avoid the accident. Although, according to the traffic law, responsibility is always to be added
to the rear driver however, the driver claims that s/he could never compete the automated
performance achieved by the ADAS system.

Could the driver be considered liable?


                                                         5




                  2


                                      1
                                                                           0

             No              M aybe               Ye s             I don't know
                      Could the drive r be conside re d liable ?




             ARGUMENTS AGAINST                                                    ARGUMENTS FOR


       The driver should have kept the security
       distance, as dictated by the law.



ADVISORS WP3 Risk analysis and liability issues                                                   Page 76 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                      D3.2


Comments
Five out of eight respondents claim liability on the driver. Another two believe that the driver is
not liable and one did not take any position on the issue.

Could the driver claim alleviation from any liability?


                 5




                                1                   1
                                                                                1
                                                                   0

            No           M aybe              Ye s       I don't k now    No ans w e r
                          Could the drive r claim alle viation?




             ARGUMENTS AGAINST                                                          ARGUMENTS FOR

                                                                                Lack of information/training on the
                                                                                risks/limitations   of      the      system,
                                                                                insufficient manual, etc.

Comments
No alleviative factors are recognised for the driver. However a very interesting comment (cited
in the table above) refers to insufficient training on the system. The training factor has to be
underlined as it may play a very important roe to the right and efficient implementation and use
of ADAS.

Was there any alternative driving behaviour to be used as a legal argument against
her/him?


                     3                                         3




                                         2




                                                                                 0

              No                M aybe                  Ye s            I don't k now
                     Was the re any alte rnative driving be haviour?



ADVISORS WP3 Risk analysis and liability issues                                                                   Page 77 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                  D3.2



             ARGUMENTS AGAINST                                                ARGUMENTS FOR

        A lower deceleration grade should have
        been chosen; a lower acceleration
        should have been performed when "B"
        moves away.
        The driver should have maintained a
        bigger security distance, have a lower
        speed, or change her/his routing.


Comments
No conclusive answer is give to this question. The respondents seem to disagree on whether
an alternative driving behaviour would alleviate the driver from her/his liability.

Is the owner of the vehicle (if different from the driver) liable in any way?


                  4



                                                         3




                                    1

                                                                         0

             No            M aybe                Ye s         I don't k now
                         Is the ve hicle ow ne r liable ?



Comments
Similar to the ones stated in the relevant questions previously analysed.

Could the ADAS manufacturer be considered liable for part of the damage?

                  5




                                  2


                                                     1
                                                                     0

             No           Maybe                Yes           I don't know
                      Is the ADAS m anufacturer liable?




ADVISORS WP3 Risk analysis and liability issues                                               Page 78 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                     D3.2


Comments
In this case the respondents agree that no liability burdens the ADAS manufacturer as long as
the product performs up to its expectations.

Could the Car manufacturer be held liable for part of the damage?

                   6




                                         1                  1
                                                                           0

              No                M aybe              Ye s          I don't k now
                            Is the car m anufacture r liable ?




Comments
See comments in the relevant question of case A.

Does the type of the road play any role in the liability question? (Would the liability
question be examined differently if the accident had taken place on a motorway / rural /
urban road?)


                   5




                                         2


                                                            1
                                                                           0

              No                M aybe               Ye s         I don't know
                       Doe s the type of road affe ct the situation?




             ARGUMENTS AGAINST                                                    ARGUMENTS FOR


       A driver should appropriately adapt
       her/his driving to the type of road.




ADVISORS WP3 Risk analysis and liability issues                                                   Page 79 of 179
ADVISORS Contract No. GRD1-1999-10047                                                         D3.2


Comments
The type of road should have no effect on the liability verdicts. However, as previously stated,
certain factors’ liability depends on the predefined specifications of the system (ADAS
manufacturer liability) as well as on the specifications of the road regarding its capacity in
supporting such systems (highway authorities, driver’ s liability).

Would there be any difference in your answers if you take into consideration that
different types of damage may occur? (i.e. personal injury vs. property damage)


                     6




                                         1                   1
                                                                               0

             No                  Maybe                 Yes            I don't know
                     Does the type of dam age affect the situation?




Comments
Most of the respondents believe that the liability verdict is not affected by the type of damage
caused.
Would there be any difference in your filled-in answers for Scenario 4, after considering
the Scenario 4’’ possible outcome?


                                         6




                                                                               2




                     0                                       0

             Ye s                   No             M aybe , if…        No ans w e r
                    Did Sce nario 4' afe ct your ans w e rs in Sce nario 4?



Comments
None of the respondents interviewed would like to review her/his answers after having seen the
negative aspects of the Distance adjustment system implementation.



ADVISORS WP3 Risk analysis and liability issues                                       Page 80 of 179
ADVISORS Contract No. GRD1-1999-10047                                                           D3.2


Scenario 5: Accident caused by the driver not being able to override the speed limit set
by the system




    60       ADAS car

The ADAS vehicle is equipped with a system, reducing the vehicle speed to the legal speed
limit, namely it prevents the driver from driving over the speed limit. The ADAS is automatically
activated by a signal generated by a local infrastructure, whenever the vehicle enters certain
urban areas, where a special speed limit is imposed and, if required, brakes the vehicle
accordingly. The driver is not able to override the system intervention.
The driver of the ADAS vehicle is at the moment overtaking the vehicle in front, when s/he
notices that a car is coming from the opposite direction with a speed exceeding the speed limit
set. S/He understands promptly that s/he should also accelerate the overtaking procedure in
order to avoid the crash. However, s/he cannot overrule the system and the crash is inevitable.

Could the driver be considered liable?


                                                     5




                                     2

                       1
                                                                0
                  No            Maybe          Yes       I don't know
                       Could the driver be considered liable?




             ARGUMENTS AGAINST                                          ARGUMENTS FOR

         Being aware of the vehicle's capacity,
         the driver should not have overtaken,
         when teh conditions require a higher
         speed for it. A similar accident could
         have taken place if the vehicle could
         not accelerate as required because of
         any mechanical defect or small motor
         power.



ADVISORS WP3 Risk analysis and liability issues                                         Page 81 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                 D3.2


Comments
The driver is again held responsible, according to most of the respondents.
The argument expressing more vitally the arguments stated regarding the case, is cited in the
table above.

Could the driver claim alleviation from any liability?


                         4



                                      2

                                                 1            1


                        No      Maybe         Yes       I don't
                                                         know
                        Could the driver claim alleviation?




             ARGUMENTS AGAINST                                              ARGUMENTS FOR

                                                                      The crash would have been avoided
                                                                      without the ADAS.

Comments
According to most of the respondents, no alleviative element could excuse the driver. However,
the fact that the system is externally imposed and is non-overridable, provided some
respondents with the argument that the accident would have never occurred if no ADAS was
implemented, which alleviates the driver from part of his/her liability.

Was there any alternative driving behaviour to be used as a legal argument against
her/him?


                                                 3


                                  2                               2


                    1


               No             Maybe          Yes       I don't know
               Was there any alternative driving behaviour?




ADVISORS WP3 Risk analysis and liability issues                                               Page 82 of 179
ADVISORS Contract No. GRD1-1999-10047                                                               D3.2



            ARGUMENTS AGAINST                                               ARGUMENTS FOR


       The driver should ensure a safe
       overtaking.         S/He     should      avoid
       overtaking when not necessary or
       decelerate and re-enter her/his lane
       when not possible to overtake safely.

Comments
The respondents gave no conclusive answer. The responses were divided while 2 of the users
were confused in giving a clear answer (“I don’t know”).

Does the fact that this was a non-overridable intervention system affect driver’s liability?



                       4

                                     3



                                                  1
                                                                  0
                   No             Maybe        Yes         I don't know

             Does the fact that the ADAS is non-overridable affect
                             the driver's liability?

Comments
The respondents seem to be rather uncertain whether the non-overridable feature of the ADAS
affects the driver’s liability. Half of them see no direct relation, while the rest do not take a
particular position and one believes that there is indeed an effect.
The argument stated is the same as in the previous question.

Is the owner of the vehicle (if different from the driver) liable in any way?


                   4




                                                     2


                                    1                                 1


              No               Maybe            Yes          I don't know
                            Is the vehicle owner liable?


ADVISORS WP3 Risk analysis and liability issues                                             Page 83 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                          D3.2


Comments
According to half of the respondents, the vehicle owner is not liable. Two of them, however
believe that the owner can be liable and another two take no position on the issue. No relevant
comments to explain these positions were stated.

Could the ADAS manufacturer be considered liable for part of the damage?


                   5




                                  2

                                                 1
                                                                  0
              No             Maybe            Yes          I don't know
                       Is the ADAS m anufacturer liable?




             ARGUMENTS AGAINST                                              ARGUMENTS FOR


                                                                    The ADAS manufacturer cannot be held
                                                                   liable   as   the   speed     limitation   is
                                                                   externally imposed and its function is
                                                                   not initiated by the system itself.

                                                                    As long as the system performs up to its
                                                                   expectations, no liability can be placed
                                                                   on the manufacturer.

Comments
According to most of the respondents no liability can be placed on the ADAS manufacturer. The
arguments stated support this opinion. However doubts are expressed by two respondents,
while one believes that the manufacturer can be indeed held liable. No arguments justified
these two opinions.




ADVISORS WP3 Risk analysis and liability issues                                                    Page 84 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                           D3.2



Could the Car manufacturer be held liable for part of the damage?


                   6




                                  2

                                                    0              0
              No            Maybe             Yes          I don't know
                        Is the car m anufacturer liable?


Comments
Similar, as in previous relevant questions analysed.

Is the traffic authority that runs the infrastructure liable?

                   3                                                 3




                                  1                  1



              No             Maybe             Yes          I don't know
           Is the traffic authority that runs the infrastructure liable?




             ARGUMENTS AGAINST                                                 ARGUMENTS FOR


                                                                       It is not feasible to place responsibility
                                                                       on the authorities. In any case it was not
                                                                       the authorities that made the driver
                                                                       overtake the vehicle in front.

Comments
The respondents are divided between the answers “no” and “I don’t know”. No conclusive
answer on the matter is therefore available. The main argument stated is the one set above.




ADVISORS WP3 Risk analysis and liability issues                                                         Page 85 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                 D3.2


General Questions
Does the type of the road play any role in the liability question? (Would the liability
question be examined differently if the accident had taken place on a motorway / rural /
urban road?)

                  3                3



                                                        2




                                                                       0
             No              M aybe              Ye s         I don't k now
                  Doe s the type of r oad affe ct the s ituation?




              ARGUMENTS AGAINST                                               ARGUMENTS FOR


       It is possible that the type of road plays a
       role in the question of liability: there may
       well be a difference in judging a case of
       accident that took place on a motorway and
       on a road with a 30 mph limit.


Comments
Again the respondents seem to be divided. Apart from the argument cited above, it was
repeated that the determinative factor for evaluating the effect of the road type is the predefined
specifications of the system as well as the specifications of the road with regard to their
capacity in supporting such systems.




ADVISORS WP3 Risk analysis and liability issues                                               Page 86 of 179
ADVISORS Contract No. GRD1-1999-10047                                               D3.2


Would there be any difference in your answers if you take into consideration that
different types of damage may occur? (i.e. personal injury vs. property damage)

                  5




                                  2

                                                      1
                                                                     0
             No            M aybe              Ye s         I don't k now
               Doe s the type of dam age affe ct the s ituation?




Commentary on the ISA system
The ISA system was commented as quite dangerous, and therefore not recommendable at all.




ADVISORS WP3 Risk analysis and liability issues                             Page 87 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


Scenario 6: Accident caused by the driver not being able to override speed limit set by
the system




  30
         ADAS car




The ADAS vehicle is equipped with a system, reducing the vehicle speed to the legal speed
limit, same as the one with which the car in Scenario 5 is equipped.
Having entered in an urban zone with a specific speed limit, the ADA system is supposed to be
automatically activated. However no signal is generated, “commanding’ the vehicle to slow
down according the maximum speed level within the urban area. The driver thinks s/he may still
keep her/his speed (which is too high) because s/he is used to being automatically slowed
down. The driver of the vehicle that turns into the street expects the ADAS vehicle to drive more
slowly (conforming to the maximum speed level). S/He is not able to avoid an accident.

Could the driver be considered liable?


                                                 7




                  1             0                            0
             No            Maybe           Yes        I don't know
                  Could the driver be considered liable?


Comments
According to the respondents, the driver is considered entirely liable. The only answer
alleviating the driver from liability is based on the fact that the ADAS did not work properly.




ADVISORS WP3 Risk analysis and liability issues                                   Page 88 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                  D3.2


Could the driver claim alleviation from any liability?


                      4




                                      2               2



                                                                        0
                 No             Maybe             Yes           I don't know
                          Could the driver claim alleviation?


Comments
Similar as the ones stated in the previous question.

Was there any alternative driving behaviour to be used as a legal argument against
her/him?

                                                      4




                                     2


                      1                                                 1


                 No             Maybe             Yes           I don't know
                  Was there any alternative driving behaviour?




                 ARGUMENTS AGAINST                                             ARGUMENTS FOR

        ADAS driver should slow down before
        the intersection and give way to the
        vehicle coming from the intersecting
        road.
        The driver should check the speed
        limit.



Comments
Half of the respondents have suggested an alternative driving behaviour towards the avoidance
of the accident (see table above). Another three did not take position to the question.


ADVISORS WP3 Risk analysis and liability issues                                                Page 89 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


Does the fact that this was a non-overridable intervention system affect driver’s liability?


                      3                              3



                                    2




                                                                     0

                No            M aybe             Ye s        I don't k now

           Doe s the fact that the ADAS is non-ove rridable affe ct the
                                 drive r's liability?

Comments
No conclusive answer is given. According to the arguments stated, the driver is entirely
responsible for bad driving behaviour, while the ADAS manufacturer is the next factor held
liable.

Is the owner of the vehicle (if different from the driver) liable in any way?


                  4




                                                        2



                                   1                                     1



             No              M aybe              Ye s         I don't k now

                          Is the ve hicle ow ne r liable ?


Comments
The vehicle owner is held not liable, according to half of the experts questioned. The other half
is divided between the answer “yes” and an uncertain position on the owner’s liability (“maybe”,
“I don’t know”).




ADVISORS WP3 Risk analysis and liability issues                                   Page 90 of 179
ADVISORS Contract No. GRD1-1999-10047                                                           D3.2


Could the ADAS manufacturer be considered liable for part of the damage?


                                   4



                                                           3




                  1
                                                                              0

             No             M aybe                  Ye s           I don't k now
                      Is the ADAS m anufacture r liable ?


Comments
Similar to the previous relevant questions analysed, the ADAS manufacturer can be only then
held liable, when the system does not perform up to its expectations. However, it is interesting
in this case to further examine what are the effects on the verdict when the system is
obligatorily imposed by a EU policy for example.

Could the Car manufacturer be held liable for part of the damage?

                  4




                                                                                2


                                    1                      1



             No              M ayb e                Ye s           I d o n 't k n o w
                        Is th e car m an u factu r e r liab le ?


Comments
The answers given are inconclusive. Half of the experts questioned see no liability of the car
manufacturer, three take no position and one is held liable. See comments in the relevant
question of case A.




ADVISORS WP3 Risk analysis and liability issues                                         Page 91 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                      D3.2


Is the traffic authority that runs the infrastructure liable?

                                                                                          3



                    2                     2



                                                                   1




              No                   M ayb e                  Ye s              I d o n 't k n o w
           Is th e tr affic au th o r ity th at r u n s th e in fr as tr u ctu r e liab le ?




               ARGUMENTS AGAINST                                                                   ARGUMENTS FOR

        If the malfunction of the system is
        originated by the infrastructure, then
        liability can be placed on the responsible
        traffic authority.

Comments
No conclusive answer was given (please refer to the diagram above).
It is interesting to examine here as well what are the effects on the verdict when the system is
obligatorily imposed by a EU policy for example.


General Questions
Does the type of the road play any role in the liability question? (Would the liability
question be examined differently if the accident had taken place on a motorway / rural /
urban road?)

                    3                                              3




                                           2




                                                                                           0

               No                  Maybe                    Yes              I don't know
                     Does the type of road affect the situation?


Comments
Similar as in the relevant questions previously analysed. No conclusive answer is available.


ADVISORS WP3 Risk analysis and liability issues                                                                    Page 92 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2


Would there be any difference in your answers if you take into consideration that
different types of damage may occur? (i.e. personal injury vs. property damage)


                  5




                                  2


                                                      1
                                                                     0

             No            M aybe              Ye s         I don't k now
               Doe s the type of dam age affe ct the s ituation?


Comments
The respondents seem to agree that the type of damage does not affect the liability verdicts.




ADVISORS WP3 Risk analysis and liability issues                                   Page 93 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                           D3.2




Concluding Questions
Rating scale:
Negative                     0               1      2            3           4      5        Positive


Question 1. Do you appreciate greatly the development and usage of such driver tools
for forward-looking trend of car-industry progress?

                                     5
                                                            5                5

                                     4
            development of ADAS?




                                               4
             Do you appreciate the




                                     3
                                                                                                    3

                                     2
                                                                                        2
                                     1


                                     0
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Assets
         The extra impulses (given by the ADAS system) of possible danger situations will
        surely increase traffic safety in certain situations.
         ADAS contributes to improved safety, less stress for the driver, greater efficiency of the
        road network.
         ADAS contributes to increased comfort and counterbalances human weaknesses such
        as: tiresomeness, sight impairment/insufficiency, hearing problems, etc.

Disadvantages
      One must always emphasise the driver's responsibility for keeping the control of the
      vehicle; no system can replace the decisions made by the driver.
      The warning systems may be useful, but those systems that interfere in the driving
      function may also increase the risk.
      Research on the crash avoidance potential is necessary to conduct, before any ADAS
      are massively implemented.
      The function of such systems can lead to a decrease of the driver’s attention; the driver
      will probably feel less responsible.
      Relying on the system in combination with a possible malfunction can prove to be fatal.




ADVISORS WP3 Risk analysis and liability issues                                                         Page 94 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                              D3.2


Question 2. Do you think that research and development in that area should proceed this
way?

                                           5                           5                  5

           Do you think that the R&D are
                                           4              4
             currently well oriented?
                                                                                                          4            4

                                           3

                                           2

                                           1

                                           0                     ain
                                                      d




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                                                                           ite
                                                                       Un




Assets
       There are useful things to be found within the current research framework.
       Indeed, the research carrying on in the current direction, can lead to improved safety,
       less stress for the driver, greater efficiency of the road network.
       The research so far is indeed useful, provided that it concentrates on assistance (non-
       intervening) systems.
       Technological development as currently conducted is positive.

Disadvantages
      It is useful to investigate ADAS development from different perspectives; on-road
      experiments will surely give the best basis for the development of ADA systems.

Question 3. In case the vehicle is equipped with an ADA warning system, should it be
furnished with a „black box“ as well, in order to watch the incident, enhancing safe
conclusions on whose fault the accident was?




ADVISORS WP3 Risk analysis and liability issues                                                                            Page 95 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                D3.2



                                           5              5




            Is the use of a "black box"
                                           4                                   4                 4                 4



                    necessary?
                                           3


                                           2                                                                                         2

                                           1                                              c

                                           0
                                                      d




                                                                         m




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                                                                                                                       No
                                                                ite
                                                              Un




Comments
    A “black box” could be only used on a voluntary basis or for research purposes (its use
    is otherwise not legal); comment of one expert.

Question 4. “The system should not be used / recommended in cases such as: new
drivers, bad weather conditions (fog, rainfall, darkness, etc. ), or other, so that the driver
does not adopt a passive behaviour that would only depend on a tool, neglecting crucial
driver characteristics, such as vigilance.“
Do you agree?


                                           5
                                                                                                                       5
              Should ADAS be used under




                                           4              4
                conditions/restrictions?




                                                                                          4

                                           3


                                           2
                                                                                                          1
                                           1
                                                                                                                                         1
                                                                          0
                                           0
                                                                    ain
                                                      d




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                                                                                     om




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                                                                              d
                                                                          ite
                                                                          Un




Comments
In what ways can this be controlled?
Certain restrictions may be indeed necessary to impose in the case of new drivers.



ADVISORS WP3 Risk analysis and liability issues                                                                                              Page 96 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                D3.2




Question 5. Do you think that driving a vehicle equipped with an ADA warning system
could affect an experienced and skilled driver by leading to her/his habituation to the
warning signs and gradually to the downgrading of her/his crucial driving skills?
(shrinking of her/his vigilance to face hazardous traffic situations)?

                                           5                                                                       5
          Does the use of ADAS gradually
             lead to downgrading the



                                           4                                   4                  4
                   driver's skills?




                                           3               3

                                           2


                                           1                                                                                         1

                                           0
                                                       d




                                                                                              y
                                                                          m




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                                                                                                                       No
                                                                   d
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Question 6. Do you by any chance believe that dealers / maintenance companies of
ADAS are also responsible for part of the damage?


                                           5
          companies be charged with any
          Could the dealers/maintenance




                                           4                                                              4
                                                                          4

                                           3
                     liability?




                                                                                          3                            3

                                           2
                                                                                                                                         2

                                           1              1

                                           0
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                                                                                                                           No
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Comments
This is a false dilemma. The final responsibility always falls on the end-consumer.




ADVISORS WP3 Risk analysis and liability issues                                                                                              Page 97 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                               D3.2


3.2                        Conclusions of the Questionnaire Analysis


Briefing diagrams
Below is given a set of diagrams, in which the liability of different factors is presented, as it was
seen from the respondents’ point of view. Each diagram concerns one scenario and presents
the “liability-degree” (not-liable, might-be-liable, definitely-liable) of all five factors considered
potentially liable in the questionnaire. This way of examining/presenting the data acquired, allow
easy comparisons and comments on how liability issues are affected by the system type and by
the case studied, respectively.
                                Scenario 1’, case A, Distance warning system did not function, Accident not avoided


                           9

                           8

                           7                                                                     Is the driver liable?
   Number of respondents




                           6
                                                                                                 Is the owner liable?
                           5
                                                                                                 Is the ADAS Manufacturer
                                                                                                 liable?
                           4
                                                                                                 Is the car Manufacturer liable?
                           3
                                                                                                 Is the traffic authority liable?
                           2

                           1

                           0
                                 No           Maybe            Yes        I don't know



Figure 2 Cumulative diagram of responses on different factors’ liability, Scenario 1’ Case A.

The driver’s liability is undoubted, compared with the other factors’ liability. A clear picture of the
different factors’ liability is available. The owner of the vehicle and the car manufacturer are
usually found to a certain restricted extent guilty.




ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                               D3.2



                               Scenario 1’, case B, Distance warning system functioned too late, Accident not avoided


                           9

                           8

                           7                                                                                    Is the driver liable?
   Number of respondents




                           6
                                                                                                                Is the owner liable?
                           5
                                                                                                                Is the ADAS Manufacturer
                                                                                                                liable?
                           4
                                                                                                                Is the car Manufacturer liable?
                           3
                                                                                                                Is the traffic authority liable?
                           2

                           1

                           0
                                  No              Maybe                Yes          I don't know



Figure 3 Cumulative diagram of responses on different factors’ liability, Scenario 1’ Case B.

As previously, the driver’s liability is undoubted, compared with the other factors’ liability. Again
a clear picture is acquired with regard to the different factors’ liability. The ADAS manufacturer
is held more liable in the case of a Distance Warning system. A standard percentage of liability
is usually placed on the vehicle owner and the car manufacturer.

                               Scenario 1’, case C, Distance warning system functioned but the driver did not hear, Accident not avoided



                           9

                           8

                           7                                                                                     Is the driver liable?
   Number of respondents




                           6                                                                                     Is the owner liable?

                           5
                                                                                                                 Is the ADAS Manufacturer
                                                                                                                 liable?
                           4
                                                                                                                 Is the car Manufacturer liable?
                           3
                                                                                                                 Is the traffic authority liable?
                           2

                           1

                           0
                                  No               Maybe                Yes          I don't know



Figure 4 Cumulative diagram of responses on different factors’ liability, Scenario 1’ Case C.
Same as above.




ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2



                                    Scenario 2’, case A, Lane keeping system did not function, Accident not avoided



                          9

                          8

                          7                                                                            Is the driver liable?
  Number of respondents




                          6
                                                                                                       Is the owner liable?
                          5
                                                                                                       Is the ADAS Manufacturer
                                                                                                       liable?
                          4
                                                                                                       Is the car Manufacturer liable?
                          3
                                                                                                       Is the traffic authority liable?
                          2

                          1

                          0
                              No            Maybe               Yes         I don't know



Figure 5 Cumulative diagram of responses on different factors’ liability, Scenario 2’ Case A.

Same as above. The owner’s liability is slightly higher in the case of the Lane keeping system
that did not function.



                                   Scenario 2’, case B, Lane keeping system functioned too late, Accident not avoided



                          9

                          8

                          7                                                                            Is the driver liable?
  Number of respondents




                          6
                                                                                                       Is the owner liable?
                          5
                                                                                                       Is the ADAS Manufacturer
                                                                                                       liable?
                          4
                                                                                                       Is the car Manufacturer liable?
                          3
                                                                                                       Is the traffic authority liable?
                          2

                          1

                          0
                              No            Maybe               Yes         I don't know



Figure 6 Cumulative diagram of responses on different factors’ liability, Scenario 2’ Case B.

Same as above. Both the owner’s and the ADAS manufacturer’s liability are slightly increased
in this case, where the Lane keeping system does not perform up to its expectations.



ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                           D3.2



                               Scenario 2’, case C, Lane keeping system functioned but the driver did not hear, Accident not avoided



                           9

                           8

                           7                                                                                 Is the driver liable?
   Number of respondents




                           6
                                                                                                             Is the owner liable?
                           5
                                                                                                             Is the ADAS Manufacturer
                                                                                                             liable?
                           4
                                                                                                             Is the car Manufacturer liable?
                           3
                                                                                                             Is the traffic authority liable?
                           2

                           1

                           0
                                  No              Maybe              Yes          I don't know

Figure 7 Cumulative diagram of responses on different factors’ liability, Scenario 2’ Case C.

Same as above.




ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                           D3.2



                               Scenario 4, case A, Distance warning system – automatic braking did not function, Accident not avoided



                           9

                           8

                           7                                                                                 Is the driver liable?
   Number of respondents




                           6
                                                                                                             Is the owner liable?
                           5
                                                                                                             Is the ADAS Manufacturer
                                                                                                             liable?
                           4
                                                                                                             Is the car Manufacturer liable?
                           3
                                                                                                             Is the traffic authority liable?
                           2

                           1

                           0
                                   No             Maybe               Yes         I don't know



Figure 8 Cumulative diagram of responses on different factors’ liability, Scenario 4, Case A.

Intervention systems obviously affect respondents’ verdict on liability of the different factors. No
peak appears on driver’s liability in this case. The respondents’ points of view are rather
diffused, placing liability on different factors.

                               Scenario 4, case B, Distance warning system – automatic braking functioned too late/soft, Accident not
                                                                             avoided



                           9

                           8

                           7                                                                                 Is the driver liable?
  Number of respondents




                           6                                                                                 Is the owner liable?
                           5
                                                                                                             Is the ADAS Manufacturer
                                                                                                             liable?
                           4
                                                                                                             Is the car Manufacturer liable?
                           3
                                                                                                             Is the traffic authority liable?
                           2

                           1

                           0
                                   No             Maybe               Yes          I don't know



Figure 9 Cumulative diagram of responses on different factors’ liability, Scenario4, Case B.




ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


The peak on driver’s liability is in this case as well moderated. The driver is indeed held most
liable but the owner of the vehicle, the ADAS manufacturer and the car manufacturer are as
well considered responsible for the accident.

                               Scenario 4’’, Distance warning system – automatic braking functioned, Accident not avoided



                           9

                           8

                           7                                                                           Is the driver liable?
   Number of respondents




                           6
                                                                                                       Is the owner liable?
                           5
                                                                                                       Is the ADAS Manufacturer
                                                                                                       liable?
                           4
                                                                                                       Is the car Manufacturer liable?
                           3
                                                                                                       Is the traffic authority liable?
                           2

                           1

                           0
                               No            Maybe              Yes         I don't know



Figure 10 Cumulative diagram of responses on different factors’ liability, Scenario 4’’.

A similar case as the previous is this one. The vehicle’s owner responsibility is found higher
than in other cases.

                                           Scenario 5, ISA – non overridable functioned, Accident not avoided



                           9

                           8

                           7                                                                           Is the driver liable?
   Number of respondents




                           6
                                                                                                       Is the owner liable?
                           5
                                                                                                       Is the ADAS Manufacturer
                                                                                                       liable?
                           4
                                                                                                       Is the car Manufacturer liable?
                           3
                                                                                                       Is the traffic authority liable?
                           2

                           1

                           0
                               No            Maybe              Yes          I don't know



Figure 11 Cumulative diagram of responses on different factors’ liability, Scenario 5.



ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                 D3.2


The peak on driver’s liability is in this case even more moderated. For the first time the traffic
authority seems to share part of the responsibility for the accident, due to the great role road-
infrastructure plays in this case.

                                    Scenario 6, ISA – non overridable did not function, Accident not avoided



                           9

                           8

                           7                                                                       Is the driver liable?
   Number of respondents




                           6
                                                                                                   Is the owner liable?
                           5
                                                                                                   Is the ADAS Manufacturer
                                                                                                   liable?
                           4
                                                                                                   Is the car Manufacturer liable?
                           3
                                                                                                   Is the traffic authority liable?
                           2

                           1

                           0
                               No       Maybe               Yes         I don't know



Figure 12 Cumulative diagram of responses on different factors’ liability, Scenario 6.


In the case of an ISA implementation, the driver is held primarily responsible. At the same time,
however, the ADAS manufacturer is deemed as well co-responsible for the accident even if not
to the same extent as the driver. The traffic authority seems to be again highly involved. There
seems to exist a high diffusion between the respondents’ opinions on the different factors’
liability.




ADVISORS WP3 Risk analysis and liability issues
ADVISORS Contract No. GRD1-1999-10047                                                                                                                                                                                                                                                                           D3.2




Session I of Questions

                                                                                                                                                                                                                            Scenario 4, Distance warning
                               Scenario 1, Distance warning                                 Scenario 2, Lane keeping system,                                Scenario 3, Blind spot area
                                                                                                                                                                                                                            system – automatic braking,
                               system, Accident avoided                                     Accident avoided                                                detection system, Accident avoided
                                                                                                                                                                                                                            Accident avoided
                                            4                                                            4                                                                4                                                                  3                3


                                                                                                                                                                                                                                                                                                    2
                                                          2                         2                                  2                           2                                    2                           2
Would you insure it?
                                                                     0                                                                                                                                0
                                                                                                                                     0                                                                                                                                           0
                                       Yes            No       Maybe, if…    No answer              Yes            No        Maybe, if…     No answer                Yes            No        Maybe, if…     No answer              Yes                    No           Maybe, if…        No answer
                                                                                                                                                                                                                                  Would you cover such an aid as part of the insurance
                                       Would you cover such an aid as part of the                Would you cover such an aid as part of the insurance             Would you cover such an aid as part of the insurance                               premium?
                                                insurance premium?                                                  premium?                                                         premium?



                                        5                                                            5                                                                5                                                                  4




Would you promote it?                                                                   2                                                           2                                                                   2
                                                                                                                                                                                                                                                                                                        2


                                                                      1                                                             1                                                                1                                                          1                 1
                                                          0                                                          0                                                                  0

                                     Yes             No        Maybe, if…*    No answer           Yes             No         Maybe, if…*    No answer              Yes             No        Maybe, if…*     No answer             Yes                   No             Maybe, if…           No answer
                                                                                                                                                                                                                                            Would you promote the use of such an aid?
                                      Would you promote the use of such an aid?                    Would you promote the use of such an aid?                        Would you promote the use of such an aid?



                                                       6                                                               6                                                             6                                                                        4




Would you object to its use?                                                            2                                                               2                                                               2
                                                                                                                                                                                                                                                                                                            2


                                                                                                                                                                                                                                        1                                          1
                                           0                          0                                 0                            0                                   0                            0
                                     Yes             No        Maybe, if…     No answer           Yes             No         Maybe, if…      No answer             Yes             No         Maybe, if…     No answer
                                                                                                                                                                                                                                 Ye s                    No              M ayb e , if…         No an s w e r


                                     Would you object to the use of such an aid?                  Would you object to the use of such an aid?                      Would you object to the use of such an aid?                          W o u ld yo u o b je ct to th e u s e o f s u ch an aid ?




                                                                                    6                                                              6                                                                6                                                                                   6




Effect on the insurance fee.                                         2                                                              2                                                                2                                                                            2

                                               0           0                                                0            0                                                   0           0                                                   0                    0

                                    Increase       Dicrease    No effect     No answer           Increase       Dicrease      No effect    No answer              Increase       Dicrease     No effect     No answer             Increase             Dicre ase          No e ffect        No answ er


                                   How would having the system in the car influence             How would having the system in the car influence                 How would having the system in the car influence                How w ould having the system in the car influence the
                                                 the insurance fee?                                          the insurance fee?                                                the insurance fee?                                                   insurance fee ?




Table 1 Overview of the responses given to the different scenarios’ questions.

ADVISORS WP3 Risk analysis and liability issues                                                                                                                                                                                                                           Page 105 of 179
ADVISORS Contract No. GRD1-1999-10047                                                        D3.2


An overview of the responses to the questions appearing under each scenario is given in the
table above. Scenarios that do not allow comparisons between the questions were on purpose
omitted from this overview.

It is made clear, that the respondents start having doubts regarding the inclusion of an ADAS in
the insurance premium from the minute the system intervenes into the driving function. It is
surprising how cautious the insurers are in front of a case where the driver shares the control of
the vehicle with the system. More precisely, the comments made are cited below.

        Need for profound research on accidents’ rate. It was emphasised that the system's
        effect on the accidents rate should be monitored for several years before any decisions
        can be made. The benefits of the system should be evaluated for a long time, so as to
        see its effect on accidents, i.e. prove the decrease of accidents, after the system
        becomes widely implemented.

        Intervention of ADAS into the driving functions seems too ambiguous. The doubt
        detected through the responses on systems that intervene into the driving function was
        clearly stated in the following comment: Functionalities that take over part of the driver's
        control over the car have also a reverse side. There is a doubt whether this functionality
        leads to the driver’s losing the rest of the control, in case s/he is not familiar enough
        with the system and under special circumstances (e.g. especially on a slippery road).
        Does the driver trust too much the auto-control of her/his car and lacks her/his own
        attentiveness?
        Need for signalling the ADAS equipped vehicles. Another point made concerns the
        signalling of vehicles equipped with ADAS. The concern was expressed in the following
        question: Can those drivers who come behind the ADAS car see this kind of function to
        avoid a rear-end collision?

        Need for predictive data on implementation strategies. Predictions such as “when would
        e.g. half of the Finnish car fleet be equipped with such a system?” are necessary to be
        answered primarily (penetration rate).


Driver’s liability
The responses clearly show that it is highly unlikely that a driver will be able to defend
him/herself based on the fact that an ADAS did not operate properly. Her/His responsibility is in
all cases found higher than any other factor’s responsibility, when the driver is not unanimously
held liable. The idea behind this is that the ADAS are supposed to be clearly advisory systems.
As such, they cannot substitute the driver’s duty for alertness in whichever case. The driver can
therefore in no case claim alleviation from liability. Most probably he/she wouldn’t be able to
chain “shared liability” from the manufacturer either.
However, it is clear that the respondents’ opinions were divided as soon as the system function
was interfering with the driver’s performance. Even then, the driver may have accumulated the
highest responsibility, but the responses showed a clearly reduced polarity. The case that
accumulated the respondents’ most doubts was the implementation of the Collision Avoidance
System, where the automatic braking functionality did not perform as expected.


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As for all eviative elements, the respondents claimed that there are basically none to completely
excuse the driver’s unsatisfying performance. It should be underlined however that as long as
intervening systems are involved, the experts questioned found more reasons to alleviate the
driver from part of her/his liability.

Comments on drivers’ liability
Arguments against the driver
       According to the Highway Code of many countries (i.e. Greece, Finland), the
       responsibility deriving from a traffic accident is objective, i.e. the driver is held
       responsible from the moment s/he drives a vehicle, whether it is an ADAS equipped
       vehicle or not, whether s/he can interfere into its function or not and irrespectively of the
       weather and road condition and the warning systems operation. If the malfunction of
       her/his car is due to the action or omission of a third party (manufacturer, repair-shop,
       etc.), then according to each case the driver may claim liability of the third party.

       According to the Highway Code of many countries (i.e. Greece, Finland) the driver must
       not drive a vehicle, if s/he is tired, has consumed alcohol, etc., or if her/his ability to drive
       is otherwise reduced.

       The driver is responsible for deciding her/himself not to make use of any system that
       would distract her/him from driving.

       The driver cannot be excused from her/his duty to drive with due care and attention as
       long as the ADAS are advisory and not autonomous systems. In addition ADAS systems
       are dedicated to operate under certain basic conditions as mentioned in the manual; the
       driver should therefore not rely completely on the system.

       The driver could not reduce her/his liability, simply on the basis that s/he did not hear /
       see or understand the warning.
Cases of alleviation
Two different legal questions should be distinguished. 1) whether the driver could defend
himself against damaged third parties (other road user, passengers, road authorities etc.) from
liability arguing that there was a malfunction of the system 2) whether the driver/car owner (or in
his/her place the car insurer) may successfully claim part of the damage from the manufacturer.
       Establishment of the highway authority liability for inappropriate ADAS support
       infrastructure.

       Lack of information/training on the risks/limitations of the system.
       In case it is proven that the crash would have been avoided without the ADAS (i.e. case
       of ISA).


Vehicle owner’s liability
The vehicle owner is in general found not liable. However, the owner’s liability depends on the
situation/relation between the driver and the owner. More precisely, when the driver is
undoubtedly responsible for a bad driving performance, e.g. tired, sleepy, drunk, then no liability


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can be really placed on the owner. There are cases, e.g. car hire, employer/employee situations
or situations where the owner has knowingly given her/his consent to a driver not fit to drive,
when the owner can be indeed held liable. In addition to the above, there are legal regimes that
establish co-liability of the owner of the car. In these regimes, car owners can be held liable for
damage caused by their vehicles, regardless of fault of the driver or the owner. Below is given
an overview of the comments made with regard to the owner’s liability:

Comments on owner’s liability
Arguments against the owner
      In a car hire situation failure of the system can be used as an argument that the owner
      had supplied a car not fit for hiring.
      In an employee/employer situation, if the vehicle is regarded as a workplace, the owner’s
      liability is defined by the relevant Health and Safety legislation.
      In case there is a proof that the owner allowed a person not fit to drive the vehicle, then
      s/he could be partly liable.


ADAS manufacturer liability
In general the ADAS manufacturer is not held liable in most cases. The situations where the
ADAS manufacturer can be considered liable are those when the system does not perform
according to its specifications, including the case of complete failure of the system. In these
cases the liability is shared between the driver and the manufacturer. In all other cases the
manufacturer is not to be held liable, unless there is an issue of defective product specifications
or lack of appropriate warnings/instructions.
At this point it would be worthy initiating further examination on what would be the effects on the
verdict when the system is obligatorily imposed, by a EU policy for example.
An overview of the comments made to support the manufacturer’s liability is cited below.

Comments on ADAS manufacturer liability
Arguments against the manufacturer
      The ADAS manufacturer could be held liable for providing the consumers with an
      unclear manual; for poor performance of the system in general; for having conducted too
      little research during the R&D phase of the product. If the system functioned correctly
      but the warnings and instructions that accompanied the system were poor, then maybe
      the ADAS manufacturer could have some liability. The manufacturer could be held as
      well liable for lack of adequate warning (e.g. auditory and additionally visual, etc.
      warning).
      Although the system may satisfy all safety standards, which is an important indication
      that the system does provide the “safety a person is entitled to expect”, it is not decisive.
      Circumstances, may require higher standards of safety (for instance accompanying
      warnings or instructions).
Cases of alleviation
      As long as the ADAS functions properly and according to its specifications, as they are
      cited in the manual, manufacturers liability risks are minimised.



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       As long as the system specifications are legal and not defective (i.e. design defect), the
       ADAS manufacturer cannot be held liable, for performance.


The edition of a manual clearly explaining the limitations of the ADAS was in general
commented positively. More precisely:
      The manufacturer should fulfil her/his duty as far as the client awareness enhancement
      is concerned. Providing the driver with a manual clearly explaining the system limitations
      would contribute in alleviating the manufacturer from liability. Under the condition that
      the manual does not promise guaranteed functionalities.


The manual itself did not seem to be considered enough, to justify the high responsibility
expected by the manufacturer towards protecting the user/client. Two additional actions to
editing a clear manual were deemed necessary:
        Refrain from any illusive advertisement that may imply functions not supported by the
        actual system under all circumstances.
        Development and support of training programmes on the use of ADAS by the driver (by
        specially trained driving instructors), especially for those types of ADAS that are critical
        to traffic safety or complex in their operation.


Car manufacturer liability
If car manufacturers deliver their cars (optionally) equipped with ADAS systems, as is for
instance the case with ACC, they are liable on the same grounds as the producer of the system.
In case a defective system caused an accident, injured parties can choose who they want to
hold liable for their damage, the system manufacturer or car manufacturer. In many cases, it will
be more convenient for them to hold the car manufacturer liable for their damage.
Only when systems are installed after purchasing the car (after market), then there may be a
difference between liability of the system manufacturer and the car manufacturer.


Traffic Authorities’ liability
The opinion of the respondents with regard to the traffic authorities’ liability was in general
divided. No conclusive answer on the authorities’ responsibility was given.

Several examples were given on alternative driving behaviour that would have lead to the
accident’s avoidance and would further burden the driver.

In the case of the two scenarios in which a non-overridable system implementation was
investigated, the fact that the system is non-overridable does not seem to affect the driver’s
liability, according to most of the answers. However no clear opinion can be concluded on the
issue.


General Questions

Type of road effect
The type of road seems to be, according to the respondents, more important in those cases
where the ADAS does intervene into the driving function. Most probably, the reason for this is


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that in such cases the liability for a bad manoeuvre may be shared between the driver and the
system (which “takes initiative”).

Hence, the respondents have claimed that there is or should be no effect of the road condition
on the liability verdict of the driver, as the driver is expected to always take the type of road s/he
is driving on, into consideration. In the last scenarios, however, where the system is interfering
with the driving behaviour, the answer to the same question is “maybe”. Below is given an
overview of the remarks made:
         The Highway Code states that the driver should appropriately adapt driving to the type
         and condition of the road.
         It is possible that the type of road plays a role in the question of liability: there may well
         be a difference in judging a case of accident that took place on a motorway and on a
         road with a 30 mph limit.
         The extent to which the type of road affects the liability verdict burdening the different
         factors involved (driver, owner, ADAS manufacturer, etc.) depends upon the predefined
         specifications of the system, as well as on the road specifications, with regard to its
         capacity in supporting such systems.

Corporal damage effect
The corporal damage would not alter the initial responses of the experts questioned, even
though it could aggravate the penalty charging of the driver.


Review of responses
None of the respondents felt s/he should review her/his answers after having seen the negative
aspect of the ADAS implementation as this is described in each case (with the exception of
scenario 3 where there is no alternative case cited). The responses could be therefore
considered as definite.

The remarks made above, reveal the need for a concentrated campaign before implementing
ADA systems. The need for preparing the drivers and the car industries for a smooth and
effective mass implementation is made clear.

Special Centres could be assigned the systematic and profound training of drivers that will be
future ADAS–equipped vehicles’ drivers. Concrete and solid curricula, use of simulators,
preparation of appropriate and concise on-road tests will be the material that has to be carefully
prepared and provided before any action is taken. To this effort, the assistance of the car
manufacturers is irreplaceable. The manufacturer’s expertise but also a significant part of the
required infrastructure are requested as a “must” support. The promotion of ADAS–equipped
vehicles is to a great extent depending on the public awareness and therefore should concern
all parties involved, this including authorities, car industries, ADAS industries, drivers’ trainers,
etc.




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3.3   Further comments on legal issues
From the discussions at the relevant Workshops the following remarks were also taken,
regarding liability issues on ADAS implementation.

In an accident several actors are involved, such as:
       Damaged person.

       Person who causes the damage (at fault).

       Vehicle owner.

       Vehicle insurer.

       Third party assistance (covering all “uninsured” damage).

       ADAS manufacturer.

       Vehicle manufacturer.

The relations between them are not straightforward. The accident damage will be covered either
by the vehicle insurance or the third party insurance. Then the insurance may ask for
compensation by the manufacturer, in case of defective system. Thus, the liability issue is
composed by two separate cases:
       Liability towards damager party (driver and insurance);

       liability of manufacturer at a follow-up case.

One of the “windows” that may need to speed up the ADAS homologation process is to amend
existing type approval schemes rather than develop new ones. The main problem is, however,
that this takes a lot of time. So, it is needed to review in parallel what steps can be taken to
speed up the process, within the existing framework.

All the above call for a “European perspective” on ADAS liability issues, rather than a national
one.

Some more specific issues, include:


“Strict liability” versus “reasonable safety”
The EU Product Liability Directive has introduced the concept of “strict liability”. This has
introduced the concept that if there is damage which results from a product, then the liability is
assumed. The defectiveness of the product “triggers” liability, not negligent behaviour of
manufacturers. The impact of the Directive has not been, however, uniform. In the UK, for
example, where the traditional emphasis has tended to focus on the concept of “negligence”,
only one successful action for damages has been brought under this Directive since it passed
into English law, in 1987. Also in other countries experience with this Directive is limited.
The concept of “negligence” is indeed common in many European legislation systems.
According to it, you can only be held to be liable if you are shown to have been negligent in
some way; in other words, if you have failed to take reasonable care.



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This concept is nearer to the new concept that is promoted by the manufacturers, on
“reasonable safety”. This concept is still to be precisely defined, but corresponds to the fact
that if the manufacturer has done her/his best to provide a reliable system (R&D, safety checks,
contingency plans and systems), has described accurately the system functionalities and
limitations into the manual and has refrained form misleading advertisement, then s/he may be
alleviated from liability. What is not clear yet, is if such a concept would need also additional
activities to be undertaken by the manufacturer, such as promotion of driver training on the new
system operation.
Although the above concept may be somehow further away from current legislative frameworks,
it might still be a successful one. The criterion in the European Directive related to “the safety a
person is entitled to expect’ could be seen as a reformulation of what is “reasonable safe”,
especially with regard to design and instruction defects. The courts will take all relevant
circumstances such as the availability of alternative designs and the presentation of the product
(warnings and instructions) into account when deciding whether a system must be considered
defective. Furthermore, the manufacturer can in most European countries cab use the
development risk defence, meaning that he will not be liable if the defect could not be
discovered at the time of marketing. In the USA, a recent landmark decision in the Supreme
Court has limited strict liability in State Courts against car manufacturers.

Who bares the proof of liability?
One of the major issues to be decided in the legal implementation of ADAS is who bares the
proof of liability? In other words, who needs to provide evidence that the ADAS was or was not
at fault. If the driver needs to provide evidence that the system had malfunctioned (driver baring
the proof of liability), then he/she would lack appropriate means and resources to do it. If the
manufacturer needs to prove that the system was not at fault, it would be needed to have strong
evidence on system’s performance, through system homologation or compliance with
established codes of practice. The latter case is more feasible, but the relevant procedures to
support the bare of proof are still lacking.


Comfort vs. safety ADAS
There seems to be a trend to distinguish ADAS in three major categories:
     − informatory and warning;
     − intervention, but overridable;
     − intervention and non overridable.
In general, it is supported by many that ADAS that can be over-ridden by the driver are
assumed to leave all liability with the driver.

Still, the fact that they may still cause distraction (just as mobile phones, that are banned from
use in cars in several states of Europe and USA), does not make also the above statement of
absolute value. Also several lawyers and experts during the ADVISORS Workshops challenged
this statement and commented that it will have to be decided upon on a case by case basis at
court.




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The results of the questionnaire-based interviews, presented at Section 3.1 of this Deliverable,
reveal that most experts indeed recognise that for informatory systems the liability remains with
the driver, but do not overrule fully the case of manufacturer liability in case of system
malfunction or overstated functionality.


Privacy issues
It was agreed that ADAS that are purchased as comfort systems by the user (including driver
monitoring ones) should not store any data or reveal such data to the authorities, insurance
companies, etc.
An exception to the above rule may be made for:
     − professional driver application, with the obligation to inform the driver that her/his
         actions are monitored and to have her/his written consent;
     − systems subsidised by insurance companies under the specific term (included in the
         contract) that vehicle or driver data may be monitored for post-accident responsibilities
         attribution;
     − systems imposed legally (i.e. ISA) and with the legal obligation to monitor the driver
         and store her/his rule violations.
In any case, it is obvious that system and vehicle manufacturers will refrain from data storage
unless instructed by law to do so. On the other hand, there are experts who believe that they
may decide to voluntarily use data storage systems to define themselves in product liability
cases.


Impact of ADAS to driver responsibility

An interesting issue raised is that the driver liability may be even extended in case he/she is in
position of an ADAS and does not respond to its warnings.
Indeed, several experts underlined that neglecting the system output may lead to driver legal
case on the basis of primary negligence. Of course, this presupposes that system output and
driver actions are monitored and stored.
Thus, hypothetically, a driver with a driver hypo-vigilance warning system, once warned and
continuing driving, may be legally classified as the same case with a drunk driver.
If such a hypothetical scenario is adopted by the authorities, the driver acceptance and
willingness to use such ADA systems would be greatly reduced.

3.4   Overall Conclusions on Legal issues
Major findings regarding legal aspects work, can be summarised as follows:
       The concept of “reasonable safety” has to be defined and then promoted against the
       current “strict liability” concept, regarding ADAS application; in order to be able to enter
       the Market in high penetration rates in the foreseeable future.
       Manufacturers need to promote relevant R&D as well as driver training activities on
       ADAS, to be protected against product liability claims.




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            The current vehicle type approval needs to be adapted, to include ADAS; with the
            development of relevant homologation procedures.

            The burden of proof of liability, as a starting points needs to rest upon the manufacturer.

            It should be taken care that ADAS do not store driver or vehicle data, nor enhance driver
            responsibility in case of an accident.

            The types of road and other operational conditions and limitations of the ADAS should
            be clearly defined in its manual and highlighted, in accordance to the local conditions, in
            each translated/national version. The need for additional incentives by the
            manufacturers, related to drivers’ training in the use of ADAS, needs to be further
            investigated.

            There might be cases where not only the driver, but also the owner of the vehicle might
            be held responsible, e.g. in car hire, employer/employee situations or situations where
            the owner has knowingly given his/her consent to a driver not fit to driver his/her vehicle.
            In some legal regimes, the owners co-liability applies in general.

3.5     Results on Insurance issues

3.5.1       Current practices regarding vehicle insurance
The following data reflect the insurance policies in Finland. The ones analysed in Greece and
the Netherlands were equivalent to such a degree, that it was decided to present them
commonly.

Factors affecting the vehicle insurance premium of the statutory third-party motor insurance are:
        −    Age of possessor.

        −    Vehicle type (passenger car, van).

        −    Charge category (vehicles divided in different charge categories based on how many
             and how expensive accidents occur to vehicles of different makes and models).

        −    Home municipality, in bigger cities also the postal code.

        −    Entitlement to no-claims bonus.
        −    Use of vehicle (private, subject to licence, rental).

Factors affecting the insurance premium of a voluntary full comprehensive insurance are also
alike in most of the companies. All the big insurance companies offer a discount on the premium
if the vehicle is equipped with a burglar alarm or an electronic anti-theft system approved by the
VAT (Insurance companies’ committee of vehicle repair). Some companies offer a discount on
ABS-brakes and/or air bag. Such factors are summarised below:
        −    Scope of the insurance.

        −    Age of possessor.

        −    Make, model and cylinder volume of a passenger car.



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        −    Replacement value (camper vans, mobile homes, trailers).

        −    Amount of own risk.

        −    Charge area (the likelihood of an accident depends on the environment of use, i.e.
             Finland divided to seven areas).

        −    Entitlement to no-claims bonus.

        −    Discounts.

                      Age of the vehicle (the older the vehicle, the bigger the discount, up to 42% in
                      Finland)
                      Anti-theft system –5% … –10%, no own risk in case of theft to deducing the
                      full cost of the anti-theft system.

                      ABS (anti-lock braking system), usually up to 5%.
                      Air bag, usually up to 5%.

3.5.2       Insurance policies in relation to traffic safety aids and ADAS
In principle insurance companies are interested in promoting safety enhancing technology, as
shown by the premium reductions for such aids, mentioned in Section 3.5.1. However, safety is
not their ultimate goal! Their goal is to enhance traffic safety, while attracting and satisfying their
customers. For this reason, they invest on products that people would like to have. As a
consequence, never would an Insurance company invest on a product that reduces the driver’s
freedom, no matter how safe it may be; unless the state authorities impose it.
In the USA the situation seems to differ. US Insurance companies may support restrictive
measures, as long as they are in compliance with the governmental policies. They might
therefore promote the use of certain ADAS types for particular driver cohorts (i.e. after
consecutive times of drunk driving or a high number of accidents), offering to the driver the
benefit of not cancelling his/her insurance if he/she uses a specific ADAS type (equivalent to the
additional driving lesson schemes of today). However, this would be the basic benefit, and not a
premium reduction.
Coming back to the European insurance schemes, insurance companies are a priori interested
in developments like ADAS. In the early nineties they discovered, after studying figures on car
theft alarm systems, that if a car had an alarm system to prevent car theft, the risk that the car
still would be stolen decreased drastically. So, the insurance companies arranged discount on
alarm systems, if build in a car. Nowadays, car insurances offer reduction in premium fees,
deduce part of the overall cost of it from the insurance premium or even do not insure the car if
not equipped with it.

However, to take the decision to support or promote a certain type of ADAS, they would most
likely want to:
             Have some guarantees as far as liability is concerned. For instance, if the ADAS is
             malfunctioning and this malfunction may become the primary cause of a car accident,




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         for which the insured driver may be held liable according to legislation, the insurance
         company would want to be able to refer the injured party to the ADAS manufacturer.

         Have data on high user acceptance of the specific ADAS, thus know that the clients
         want it.

         As motor vehicle insurance premium setting is based on statistical principles, they
         would like to have scientific and, even better, statistical evidence of the potential safety
         benefits.

         Be able to easily integrate the new policy into their administrative systems.

The two last statements are further explained below:

Use of “push”, not “pull” strategies by insurances
Before insurers promote ADAS systems or other damage control equipment for cars, they want
to be sure that this equipment or device is effective and (bottom line) will cut the costs for the
insurer. For this part, insurers use actuaries that calculate the saving on costs or benefits.
These calculations can only be made after the device or ADAS has been brought on the market.
The first experiences of the device will be used as the input for the above-mentioned
calculations, for any insurance company. Normally insurers tend to wait to be absolutely sure
that a device or ADAS is proven to save costs. In the field of innovative technology, insurance
companies cannot be listed under the innovators or early adapters of these concepts. Besides
that, insurance companies work with the money (premiums) of their clients. These clients don't
want their money spent on risky developments. Furthermore, insurance companies don't want to
be the front-runners in the development of products, such as ADAS, because this distracts them
too much from their main targets.
The core business is giving their clients financial security for uncertain events that could harm
the financial position of these clients.

Insurance administration related organisational problems
Another important issue is the administration of the insurance company. The (electronic)
administration and databases, which contain the data of the insured persons and their car, is
built for insurance purposes only. There is no space in this system for registrating data, such as
type, form, name of ADAS. It would take too much time and money to alter this. More important
however is the fact that car insurances are mass products: the insurance
company bases its premium on the very large numbers of cars that are insured at that company.
The working-method therefore is much too "simple" to register the different types of ADAS.

3.5.3   Possible promotion schemes and prerequisites
The above reasoning creates a “time-lag” problem: Insurances would not normally actively
promote the use of ADAS before they are fully used, reliability problems are solved and
sufficient statistical evidence on their benefits exist. That means that in effect they would not
support the actual ADAS implementation but only their later diffusion.

Still, there seems to be an opportunity window to the above scheme: As long as safety effects
are not proven, Insurance companies might still promote, using funds from their marketing


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budget, instead of the premium budget. In that case, an amount of up to 5-10% fee reduction
may be offered from the marketing budget, based on the following preconditions:
    the particular ADAS type has high acceptance and is in fact wanted by many drivers or at
    least particular driver cohorts;

    the relevant marketing strategy would show the specific insurance as different from the rest;
    caring about its clients needs, wants and safety.

Sufficient examples of such marketing strategies of Insurance companies Europe-wide have
been noted, to allow ADVISORS Consortium to believe that this case might be an indirect ADAS
promotion policy from Insurance companies for certain ADAS types.

3.5.4   Conclusions on Insurance issues
The main conclusions of ADVISORS work on ADAS relation to insurance schemes and policies
are the following:
    In principle, insurance companies are interested in promoting safety, by supporting new
    technological aids, but safety is not their ultimate goal.
    Current practices followed in car insurances may not be characterised as very “innovative”.

    Motor vehicle insurance premium setting, is based on statistical principles, creating a time-
    lag problem towards new technologies.

    Furthermore, current insurance databases seem not to be adequate to build up ADAS
    accident records.

    Insurance companies would not voluntarily promote safety ADAS that are not highly
    accepted and wanted by their clients; even if they may have a high safety potential.

    Although no current insurance scheme or practice would officially hinder the coverage of an
    ADAS equipped vehicle, insurance companies are expected to require guarantees, as far
    as liability is concerned.

    The best chance to bridge the existing time lag problem and get insurance companies
    support of ADAS, is to use their marketing budget for a possible 5-10% reduction of the
    insurance fee, when acquiring certain ADAS types.




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4 Organisational issues results

4.1     ADAS implementation extent

4.1.1    The Finnish case
Overall there are few ADA systems implemented in Finland, apart from a mandatory speed
control system (maximum speed limiter) in heavy trucks (over 12 tons) and buses (over 10
tons).

The systems that are mostly in use are navigation systems, used within forest industry.
According to the managing director of Metsäalan Kuljetusyrittäjät ry the three biggest forest
companies in Finland, UPM-Kymmene, Metsäliitto and Stora-Enso, whose share is about 90%
of wood transport, have navigation systems in almost all of their vehicles. As equipment drivers
have in their vehicles a PC, GPS and a digital map using the software developed by the forest
companies themselves. Hence, the systems are tailor-made for each company. The system is a
static route guidance system that tells the pick-up location of the log piles and the location of the
sawmills, and shows the shortest way between these on a digital map.

4.1.2    The Greek case
The implementation of ADAS systems in Greece is still very restricted. Apart from a speed
control system that is mechanically applied to heavy vehicles (independently of the circulation
zone of the vehicle) the function of which is far from ISA, no other system is actually applied.
There is also a small number of companies who have applied EDI / RDS in Pilot applications,
but these systems are not used in everyday operations.

According to the representations of the National Trucks Association, there are currently only 2
or 3 big transportation companies in Greece, that make use of ADAS in their trucks.

4.1.3    The Dutch case
In the Netherlands, the use of ADAS by transportation companies is rather common. From nine
such companies that returned relevant questionnaires, all had employees familiar with ADAS,
varying between 3 to 5 for the smaller companies and 10 to 30 for the bigger companies, end
users (drivers) not included. This accounts for 3 to 5% of the total number of employees.

4.2     Major local barriers
Trying to understand the difference in ADAS diffusion between countries such as the
Netherlands (high ADAS penetration) to Finland and Greece (low ADAS penetration), one
unavoidably comes to infrastructure limitations. The most important of them are highlighted
below.

4.2.1    Lack of digital maps covering the road network

Wider implementation of many ADAS, such as navigation and route guidance systems, has
been so far very limited in both Finland and Greece, due to the lack of proper digital maps.



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In other countries that are more centrally located, the road network has been already sufficiently
digitally mapped by private (usually multinational companies) investments. That has not been
the case for small or further apart European countries and regions.
For this reason, currently national initiatives exist to solve this problem.

In Finland, within a few years this problem will partly be solved when the DIGIROAD project,
financed by the Finnish Ministry of Transport and Communications, will produce a uniform digital
map of the street and road network (http://www.vtt. fi/rte/projects/tetral/h7broc.pdf).
In Greece, at the moment there exists only a map, which covers part of Athens, the capital of
Greece, while the ORThE possesses another digital map for part of Thessaloniki, the second
biggest city of Greece.

In view of the Olympic Games 2004 that will be held in Athens, Greece, a digital map to cover
the whole road-network of the capital is expected to be developed by the Ministry for the
Environment, Physical Planning and Public Works, which will be responsible for the operation of
the Transport Management Centre. The decision on which ADAS will be installed in which types
of vehicles, imported for the purposes of the Olympic Games 2004, will be made by a
Committee, which will have the responsibility for such issues. This installation will be done
separately afterwards, which means that none of the cars to be used for services of the Olympic
Committee will be imported as ADAS-equipped.

4.2.2   Age of the vehicle fleet
It has been reported that the slow implementation of ADAS in Finnish transport companies is
influenced by the fact that in Finland the motor vehicle fleet is rather old (for trucks the mean
age is approximately nine years). This possibly is due to high vehicle taxes.

The same is true for Greece (high vehicle taxes; old vehicle fleet).
To equip an old vehicle with an expensive ADAS is indeed a sub-optimum choice and to get a
new vehicle, equipped with an ADAS, requires more time in these countries.

4.2.3   Fleet size
Finnish transport companies are usually private entrepreneurs that have only one or two
vehicles (almost 85% of the companies). In average, Finnish transport companies have 2 to 3
vehicles, whereas in Belgium, the Netherlands and the UK, the average vehicle number per
company is over 11.

In Greece, the situation is equivalent, with 10,000 international transportation companies, most
of which own 1 or 2 vehicles.
Such small companies typically lack the financing means, organisational structure, technological
know-how and even strategic planning to invest on ADAS use.

4.2.4   Insufficient road infrastructure

This includes insufficient road lining. The white lane markings in several parts of the Greek
road-network suffer in terms of:




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      −    Being indistinguishable.

      −    Appearing as double white markings (new traces mixed with older white traces).

Such limitations have a direct effect on systems that are based upon detecting white road-lining
such as:

          −   Lane drift and change warning.

          −   Driver hypo-vigilance monitoring and warning systems.

Insufficient road surface quality
This aspect of the Greek road-network may lead to general malfunction of several systems
because of unexpected sudden manoeuvres that the driver may need to make in order to avoid
an obstacle on her / his way. Hence, systems such as lane drift and change warning or
Intelligent Speed Adaptation (ISA) may activate false alarms by annoying the driver and
reducing her/his willingness to rely upon the system, while systems as Advanced Cruise Control
(ACC) and Collision Avoidance (CAS) may even cause an unwanted hard braking, in addition to
the false warning of the driver, with negative effects once more to the driver’s behaviour.

Insufficient number of lanes

This aspect of Greek road-network reality affects a possible platooning application, which
requires the existence of a number of lanes on the highway, so that no congestion problems are
encountered. The system itself can be applied but problems such as overtaking a convoy may
cause, apart from irritation, accidents as well.

4.3       Policy with respect to the introduction and implementation of ADAS
In all countries surveyed, proposals for the implementation of new technologies are mainly done
by middle or higher management. Relatively small organisations mostly have an organisational
structure with only two or three hierarchical levels. Also the diversity of departments is limited to
an executive, a logistic and a managerial department. Therefore, it is not surprising that the
proposal for new technologies originates relatively high in the hierarchy, either with or without
deliberation and consultation of the users, i.e. the drivers.
On the other hand, in larger companies special departments, like ICT and business
development departments are established. Those departments’ key responsibility is to keep
track of new technologies and to evaluate the pro’s and cons of those technologies for the
company and its business.

The proposal to implement a specific technology is mostly not the responsibility of just one
department. Often taskforces or project groups, which include representatives of the end users,
are established that decide after careful investigation whether or not it is likely that business will
benefit from the implementation of the technology under evaluation. When establishing a project
group it is important to ensure that all relevant parties participate in the discussion.
When considering the implementation of a new technology it is important to consider the
anticipated effect on business, turn-over and profit, but it is equally important to investigate what
implications the implementation holds from a technical and personnel point of view. A new



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technology can (at face value) have strong beneficiary effects on business but the
implementation can require changes in work practise and existing technologies by which the
foreseen benefit is counterbalanced by additional costs, i.e. updating or adapting existing
technologies, re-education or re-training of personnel, etc. Unfortunately, the true merits of new
technologies become mostly apparent after the implementation.
The eventual go or no-go decision for implementation of a new technology is done by the
director or, if applicable, the board of directors. The implementation of ADAS entails vast
investments and can therefore be considered to be a strategic decision. Although such
decisions can sometimes be made in a decentralised fashion, mostly it is a top hierarchy affair.
Although the decision of implementing ADAS is mainly a matter of cost evaluation, aspects like
traffic safety, safety of drivers and improvements of working conditions are often taken into
consideration when deciding on implementation.

4.4     Funding issues

4.4.1    The Dutch case
Most ADAS are funded by the company itself. However, for some ADAS it is possible to apply
for a subsidy. This is mainly the case when the anticipated effects of the implementation of
ADAS are in line with governmental policy. For instance, the Dutch government has initiated a
campaign to decrease fuel consumption of companies. Part of this campaign was to subsidise
efforts of companies to equip their vehicles with systems that either decreased fuel consumption
directly or facilitated awareness of fuel consumption.
Implementing ADAS is a potentially costly operation. The initial purchase of the system, the
implementation of the systems with almost inevitable additional costs of necessary technical
adjustments, possibly (re-)training and (re-)education of the future operators of the system all
accumulate into vast investments. For a commercial organisation the decision whether or not to
implement a particular system is mostly dependent on the expected time span of the return on
investment, i.e. the investment must be recovered within roughly one year.

Companies are rather reluctant to implement ADAS and this is mainly due to the fact that the
effects of ADAS on work practise, turn-over and profit are rather obscure. In addition, the lack of
information on the quality of the system and the reliability of the supplier makes comparison
across systems and suppliers difficult. Also the lack of knowledge with respect to the effects and
handling of new technologies in general has a negative effect on the decision whether or not to
implement ADAS.
Systems that are implemented are either enforced by law, such as tachographs and speed
control, or have clear and direct benefits, such as on-board computers and black boxes.

On-board computers simplify administration and planning. The driver enters the required data
himself or herself, which can be easily uploaded to a computer of the planning department.
Time otherwise needed for data entry can now be used for other tasks. The planning itself
becomes more orderly and can be done more punctually. With a built-in GPS function the
location of the vehicle can be easily pinpointed. The costs of such a system per vehicle vary
from €1200,- to €5000,-.


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4.4.2    The Finnish case
Mostly funding for the implementation of ADAS comes from the company itself. This funding
ranged for a 5-years period from 340 kEuro for a medium-size transportation company up to
2,500 kEuro for a big transportation company. Nearly all companies surveyed have given some
funds in the last 5 years for ADAS implementation, although the sums differed a lot.

4.4.3    The Greek case
Only very few Greek transport companies have made investments in ADAS and most of them
as part of Pilot projects. ADAS implementation is currently self-funded and the Greek trucks
association underlined the need of state sponsorship to make the ADAS purchase and use
more appealing and set the tempo. The truck association representatives implied that once a
critical mass of trucks has been equipped with ADAS, with partly state subsidisation, the rest
would soon follow, as they would recognise the relevant benefits as well as for commercial
competition reasons.

4.5     Challenges in work, planning, practice and sales

4.5.1    The Dutch case
It is apparent that the effects of ADAS are difficult to express in numbers. Respondents have
stressed that although implemented technologies mostly have beneficiary effects, it is unclear
what those effects exactly are and how those effects are related to the system.

The effects of route navigation systems and on-board computers on planning and logistics are
most distinct. Route navigation systems decrease time loss due to way finding and facilitate
accurate time of arrival estimation. By implementing route navigation systems planning can be
done more effectively, with beneficiary effects on turn-over. If effectiveness of planning
increases sharply, less rides and therefore less vehicles and personnel are required. On the
downside, due to more tightly planned rides, the drivers lose their unofficial breaks.

Estimated improvements in work performance lie between 5% and 10%. Working hours are
reduced by half an hour up to an hour per day. Sales have been noticed to increase slightly, but
no estimation can be made. Service costs and policy pricing have both decreased by 1% to 5%.

Implementing on-board computers requires some training of the drivers on the handling of the
system. Planning and logistic personnel is required to be trained to a greater extent, since the
content of their function changes. The ride-details entry task is done directly by the driver.
Planning and logistics are required, to perform more a controlling task rather than an
administrative task after the implementation of on-board computers. Some fear of drivers relying
too much on the system is reported. Instead of relying on their own skills, drivers might trust the
system too much which can have negative effects on the safety of themselves and other traffic
participants.
Some loss of jobs is to be expected after the implementation of on-board computers, mainly
related to administrative functions. Since more effective planning is facilitated by the use of on-
board computers, delivery times have decreased, the number of rides has increased and thus
service costs have decreased. From a logistics point of view the most important change is that


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the planning has become more orderly and clear. In total, work performance has increased after
the implementation of on-board computers, but estimates are hard to provide.

4.5.2    The Finnish case
The rather limited application of ADAS in Finland so far, has resulted in lack of clear results on
changes in work schemes due to ADAS. Furthermore, at the time of ADAS implementation (in
the early 1990’s), also the whole planning data system and software were rebuilt to fulfil modern
needs. Prior to it, the planning had been done on paper. Thus, the reported results may not be
solely due to the ADAS implementation.
Nevertheless, a clear reduction in work-places in the companies’ administration can be seen,
based on the number of people working with the planning and control of transport. Previously as
many as 300 people dealt with these matters in a single big company (with 650 employees),
whereas currently only 50.

4.5.3    The Greek case
There are no reported data on work changes due to ADAS implementation in Greece, mainly
due to their very restricted implementation rate. Thus, the following are mostly based on experts
and users representatives expectations, rather than on measured data.

Truck drivers’ and transportation companies representatives do not expect a major change in
the overall workplaces. They expect more a shift in job type and conditions. Thus, the
implementation of ADAS may reduce the number of planners, but enhance the number of
technicians with expertise in ADAS maintenance. It may also somehow affect drivers’ working
hours (i.e. by the results of the use of hypo-vigilance systems), but that will take several years of
application to emerge, as a consequence of their use.

4.6     Knowledge at the company level and driver skills.

4.6.1    Knowledge at the company level
There seems to be an unanimous lack of sufficient knowledge on existing and emerging ADAS
in transport companies in all countries surveyed. This is especially true in SME’s, because big
companies usually employ 2-3 experts on ADAS. Still, there is a total lack of guidance and
central informatory systems on available and emerging ADAS, their suppliers, their expected
benefits and limitations, etc. Companies stated that in many cases they had to survey the
system vendor, often in another country, than being approached by her/him; as is the norm with
truck fleet systems and aids. Thus, there seems to be a gap in the ADAS-related knowledge
repository, requiring the development of local databases and Centres of Excellence, offering
guidance to the transportation industry.

4.6.2    Drivers’ skills
A certain level of reservation exists on the capabilities and skills of many truck drivers to
successfully use ADAS.




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ADVISORS Contract No. GRD1-1999-10047                                                       D3.2


Especially in Greece, the company responsible expressed their willingness to make an
investment of up to 600 Euro per driver for appropriate training in use of ADAS. On the other
hand, they would expect the state to partly counter-finance such an investment, to balance the
risk that a recently trained employee resigns.

Still, the highest problem with driver training is not related to the lack of resources for the
training but to the total absence of training schemes for ADAS use. Thus, the development of
such schemes was seen as a major priority by transportation companies and truck drivers’
representatives alike.

4.7    Maintenance related issues
The new generation of ADAS equipped vehicles uses specific network for information retrieval
and exchange on the vehicle subsystems operation, called CAN-bus. As this is not yet
standardised and the car manufacturers do not provide technical information on their CAN-bus
architecture and codes, the ability of independent garages, body repair shops and automobile
clubs to operate, is endangered. Without making the CAN-bus codes and manuals public, the
consumer would be at the mercy of the manufacturers.

In addition, certain technical malfunctions may be directly correlated to this change. For
example, putting the wrong fuel or even a small wiring error may result in blocking the vehicle
ignition by the CAN-bus and the necessity to transfer the vehicle to a specialised service centre.
That may enhance maintenance cost to the end user, which may be critical for professional
drivers and transportation companies with big fleets of equipped vehicles.

4.8    Conclusions
The major organisational issues and relevant suggestions identified follow below:
      Inadequate driver training: The biggest obstacle in ADAS application to professional vehicle
      fleets is the inadequate driver training. Specific driver training packages on ADAS are thus
      required as well as incentives (i.e. public finance, counter-finance by car/system
      manufacturers), to speed-up and optimise their application. This training subsidy could be
      provided to the drivers for their skills improvement, rather to their companies.

      Properly adapted national manuals: The ADAS manual needs not only to be translated to
      the different languages, but to be adapted to the local road network and even drivers
      mentality conditions, to guarantee their proper application in each area.

      Set proper implementation priorities: The highest priority ADAS for professional drivers and
      their transportation companies representatives was driver hypovigilance monitoring,
      whereas the least wanted was ISA; in spite of the fact that most trucks have already speed
      limiters.

      Workplaces is skills effect: Although the application of ADAS may shift working hours or
      even job types (i.e. less need for personnel in planning department, more in specialised
      equipment procurement and maintenance), the feeling is that the overall number of
      workplaces will not be seriously affected, but the skills will (hence, there is a need for
      retraining, training on the job and life-long learning schemes).



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    Support SME’s: Small companies will be on disadvantage with ADAS, since their
    application requires significant resources and their optimal use the need for a centre of
    operations. They also need specialised personnel for ADAS. Thus, again the need for
    financial and other support by the Governments to SME’s was stressed, to be able to
    migrate to the telematics era.
    Protect small workshops and garages: The ADAS application endangers the position of
    small workshops and garages, that will not be able to intervene to the CAN-bus of the
    equipped vehicle, due to lack of relevant access codes. Their position against car
    manufacturers protected data needs to be legislatively protected.




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ADVISORS Contract No. GRD1-1999-10047                                                        D3.2



5 Legal Risk Analysis
As legal and insurance risks are common for many if not al ADAS, the relevant risk analysis
tables are formulated per issue rather than per ADAS. Nevertheless, issues particularly related
to one ADAS or an ADAS cluster, are denoted too.

The sensitivity levels and mitigation possibilities have been rated by the Consortium experts,
taking also into account the priorities and ratings of the external experts, who participated in the
Workshops and responded to the relevant questionnaire survey.




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ADVISORS Contract No. GRD1-1999-10047                                                                                                                                    D3.2


   Legal/Insurance
                                   ADAS function      Actors affected         Problem severity    Mitigation strategy         Mitigation probability      Effects horizon
       issues
                                                                                                    Replacement of the
                                                                                                    “strict liability” by a
                                                                                                    “reasonable safety”
                                                                                                    concept, defining
                                                                                                    codes of practice
                                                                                                    for the
                                                      ADAS and vehicle                              manufacturer, as
                                                      manufacturer.                                 well as                          Medium            5 – 8 years (long-term)
                                                      Insurance                                     manufacturers’
“Strict liability” concept
                                                      companies.                                    obligation in terms
(according to the EU
                                                      All (loss of making                           of manuals edition,
Product Liability            All, but mostly
                                                      benefit from ADAS                             training,
directive) may hinder or     implementation related                             I – Very severe
                                                      implementation).                              homologation tests
seriously delay the          ones
                                                      Drivers (loss of                              and product liability
implementation of
                                                      safety and comfort                            limitations.
many ADAS
                                                      opportunities).
                                                      Authorities
                                                                                                    Characterise all
                                                      Courts
                                                                                                    ADAS as “comfort
                                                                                                    aids”, instead of “                                1 – 5 years (short to
                                                                                                                                       Low
                                                                                                    safety aids”, which                                medium term).
                                                                                                    would limit liability
                                                                                                    burden.

                                                                                                     Development of
                                                                                                    relevant
                                                                                                    homologation
                                                                                                    schemes for ADAS
                                                                                                    (by amending
                                                                                                    existing vehicle
                                                       ADAS and vehicle
                                                                                                    type approval
                                                       manufacturers
                                                                                                    schemes).
Lack of ADAS                                           Insurance
                                                                                                     Development of
homologation process         All                       companies            II – Severe                                       High                     5 – 8 years (long term)
                                                                                                    independent ADAS
and uniform standards                                  Drivers
                                                                                                    certification
                                                       Authorities
                                                                                                    standards and
                                                       Courts
                                                                                                    procedures (such
                                                                                                    as EURONCAP for
                                                                                                    crashworthiness)
                                                                                                     Develop centres of
                                                                                                    Excellence to apply
                                                                                                    such schemes


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ADVISORS Contract No. GRD1-1999-10047                                                                                                                               D3.2


   Legal/Insurance
                                 ADAS function    Actors affected         Problem severity     Mitigation strategy       Mitigation probability      Effects horizon
       issues
                                                                                                  Europe-wide.
                                                                                                  Manufacturers
                                                                                                  should bear the
                                                                                                  proof of liability.
                                                                                                  Manufacturers
                                                                                                  should be
                                                                                                  protected by taking
                                                  ADAS and vehicle
                                                                                                  all “reasonable”
                                                  manufacturer
                                                                                                  measures, such as
                                                  Insurance
                                                                                                  assuring the
Proof of liability issue   All                    companies             II – Severe                                             Medium            5 – 8 years (long-term)
                                                                                                  system
                                                  Authorities
                                                                                                  homologation,
                                                  Drivers
                                                                                                  editing appropriate
                                                  Courts
                                                                                                  manuals, refrain
                                                                                                  from illusive
                                                                                                  advertisements,
                                                                                                  providing of
                                                                                                  training on ADAS
                                                                                                  use to drivers, etc.
                                                                                                   Avoid storing of
                                                                                                  driver/vehicle data
                                                  Drivers
                                                                                                  or assure by legal
                                                  Authorities
Enhancement of driver                                                                             measures that
                                                  Insurance
liability in case of       All warning and                                                        these will not be                               3 – 5 years (medium-
                                                  companies             III – Moderate                                   Medium
neglecting system’s        intervention ADAS                                                      used against the                                term)
                                                  Courts
warnings                                                                                          driver, unless this
                                                  ADAS/vehicle
                                                                                                  is dictated by law
                                                  manufacturers
                                                                                                  (mandatory ADAS
                                                                                                  implementation).
                                                                                             Development of clear
                                                                                             and detailed manuals,
                                                  ADAS/vehicle                               specification of the
                                                  manufacturer                               requirements for
                                                  Insurance                                  operating the
Road infrastructure                               companies                                  infrastructure, dictating
operator liability and     All                    Road infrastructure   III – Moderate       operational instructions    Medium                   5 – 8 years (long-term)
implementation barriers                           operator                                   per country (at least).
                                                  Court                                      Development of a
                                                  Drivers                                    forum of ADAS/vehicle
                                                  Authorities                                manufacturers and
                                                                                             road-infrastructure
                                                                                             managers to set-up a

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ADVISORS Contract No. GRD1-1999-10047                                                                                                                             D3.2


   Legal/Insurance
                                 ADAS function    Actors affected      Problem severity     Mitigation strategy        Mitigation probability      Effects horizon
       issues
                                                                                          joint agreement for
                                                                                          ADAS-permissive road
                                                                                          infrastructure
                                                                                          requirements, in the
                                                                                          future.
                                                                                                Perform further
                                                                                               R&D on ADAS
                                                                                               effects, with the
Insurance policies are                                                                         involvement of
built on scientifically                           Insurance                                    Insurance
proven benefits and                               companies                                    organisations.
actual accidents rates.    All                    ADAS/vehicle      III – Moderate              Perform big-scale      Medium                   5 – 8 years (long-term)
They are therefore                                manufacturers                                demos with
reluctant to                                      Drivers                                      thousands of
cover/sponsor ADAS.                                                                            equipped vehicles
                                                                                               and monitor actual
                                                                                               accident rates for
                                                                                               at least 3 years.
                                                                                                Use the marketing
                                                                                               budget of
                                                                                               insurance
                                                                                               companies (instead
                                                                                               of the premium
                                                                                               budget) for ADAS
                                                                                               fee reduction up to
                                                                                               a percentage of
Insurance companies                               Insurance                                    5%–10%, i.e. what
reluctance to trust in                            companies                                    the clients really
                                                                                                                                                3 – 5 years (medium-
untried                    All                    ADAS/vehicle      III – Moderate             want.                   Medium
                                                                                                                                                term)
technologies/Insurance                            manufacturers                                 Formulation of
policies conservatism.                            Drivers                                      different insurance
                                                                                               policies in favour of
                                                                                               ADAS.
                                                                                                Campaign towards
                                                                                               the enhancement
                                                                                               of insurers’
                                                                                               awareness and
                                                                                               acceptance of
                                                                                               ADAS.
Problems with ADAS                                Insurance                                     Need for new,
                                                                                                                                                3 – 5 years (medium-
inclusion in the current   All                    companies         IV – Slight                ADAS-inclusive,         Medium
                                                                                                                                                term)
insurance                                         ADAS/vehicle                                 insurance

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ADVISORS Contract No. GRD1-1999-10047                                                                                                                                 D3.2


   Legal/Insurance
                                  ADAS function         Actors affected        Problem severity   Mitigation strategy      Mitigation probability      Effects horizon
       issues
administration                                          manufacturers                               administration/logis
framework/logistic                                      Drivers                                     tics products, as
schemes                                                                                             new releases of
                                                                                                    existing s/w
                                                                                                    schemes (gradual
                                                                                                    administrative
                                                                                                    framework
                                                                                                    adaptation).
                                                                                                     Before the
                                                                                                     penetration rate
                                                                                                     becomes so high,
                                                                                                     that all vehicles
                                                        ADAS/vehicle
                                                                                                     are considered
                                                        manufacturers
                                                                                                     ADAS-equipped,
                                                        Drivers of
                            All, but mostly the                                                      signalisation of
                                                        equipped vehicles
                            emergency-cases                                                          ADAS-equipped
Signalisation of ADAS-                                  Drivers of non-                                                                             3 – 5 years (medium-
                            related ones (i.e. driver                       IV – Slight              vehicles in order     Low
equipped vehicles                                       equipped vehicles                                                                           term)
                            monitoring) and                                                          to warn the
                                                        Insurance
                            intervention ones                                                        surrounding traffic
                                                        companies
                                                                                                     may be absolutely
                                                        Authorities
                                                                                                     necessary
                                                        Courts
                                                                                                     (especially when it
                                                                                                     concerns
                                                                                                     intervention
                                                                                                     systems).
                                                                                                     Further R&D on
                                                                                                     possible negative
                                                                                                     effects of
                                                                                                     mandatory ADAS
                                                         Authorities                                 and technical
                                                         Drivers                                     solutions to avert
State liability for         ISA and other                Insurance                                   them.
                                                                            III – Moderate                                 Medium                   5 – 8 years (long-term)
mandatory ADAS              regulatory ADAS              companies                                   Implementation of
                                                         ADAS/vehicle                                warning
                                                         manufacturers                               overridable ISA
                                                                                                     types.
                                                                                                     Establish state
                                                                                                     liability for
                                                                                                     mandatory ADAS.
                                                         Drivers                                     Need for ADAS
                                                                                                                                                    3 – 5 years (medium-
Vehicle owners' liability   All                          Vehicle owners     IV – Slight              use to be included    Medium
                                                                                                                                                    term)
                                                         Car rental                                  in car-rental

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ADVISORS Contract No. GRD1-1999-10047                                                                                                             D3.2


  Legal/Insurance
                          ADAS function           Actors affected   Problem severity   Mitigation strategy   Mitigation probability   Effects horizon
      issues
                                                   companies                             contracts, work
                                                   Transportation                        contracts of
                                                   companies and                         professional
                                                   vehicle fleet                         drivers, etc.
                                                   owners
                                                   Authorities
                                                   Insurance
                                                   companies
                                                   Courts

Table 2 Legal Risk Analysis.




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ADVISORS Contract No. GRD1-1999-10047                                                      D3.2



6 Organisational Risk Analysis
As most of the problems of ADAS implementation are common for all ADAS types or at least
certain ADAS clusters, the Organisational Risk Analysis follows a common template for all
ADAS (specifying if the relevant risk is limited to a certain ADAS or a cluster of them), rather
than being ADAS specific (as in the case e.g. of the Technical Risk Analysis within D3/8.1).

The severity levels and mitigation possibilities have been rated by the Consortium experts but
took as well into account the feelings and priorities expressed by the external experts, who
responded to the relevant questionnaires and participated to the project Workshops.




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ADVISORS Contract No. GRD1-1999-10047                                                                                                                         D3.2



Organisational issues         ADAS function       Actors affected       Problem severity   Mitigation strategy       Mitigation probability      Effects horizon


                                                                                             Development of
                                                                                             ADAS training
                                                                                             schemes for the
                                                   Transportation
                                                                                             drivers.
                                                   Companies
                                                                                             Co-financing of
                                                   ADAS/vehicle
                                                                                             such training by the
                                                   manufacturers
                                                                                             state, the ADAS
Inadequate driver                                  Professional                                                                               3 – 5 years (medium-
                        All                                                 II – Severe      manufacturer, the               High
training on ADAS use                               drivers                                                                                    term)
                                                                                             transportation
                                                   All (in terms of
                                                                                             company and the
                                                   traffic safety
                                                                                             driver (beneficiary).
                                                   hazards)
                                                                                             The state may co-
                                                   Driving schools
                                                                                             finance indirectly
                                                                                             (i.e. tax
                                                                                             reductions).

                                                                                              Development of
                                                                                             national Centres of
                                                                                             Excellence on
                                                                                             ADAS applications.
                                                                                              Development and
                                                                                             maintenance of
                                                                                             ADAS know-how,
                                                                                             benefits and
                                                                                             implementation
                                                  Transportation                             strategies
                                                  companies                                  databases.
Inadequate knowledge
                                                  ADAS/vehicle                                Diffusion of
on ADAS technologies,                                                                                                                         3 – 5 years (medium-
                        All                       manufacturers       III – Moderate         relevant data to        High
benefits and                                                                                                                                  term)
                                                  Authorities and                            transportation
application.
                                                  ADAS Centres of                            companies through
                                                  Excellence                                 their unions and
                                                                                             specific
                                                                                             events/Forums.
                                                                                              Development of
                                                                                             seminars on ADAS
                                                                                             implementation for
                                                                                             the middle and top
                                                                                             management levels
                                                                                             of transportation
                                                                                             companies.

ADVISORS WP3 Risk analysis and liability issues                                                                                                   Page 133 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                                   D3.2



Organisational issues           ADAS function     Actors affected        Problem severity         Mitigation strategy        Mitigation probability      Effects horizon

                                                                                                     Legal requirements
                                                                                                     to ADAS/vehicle
                                                                                                     manufacturers that
                                                                                                     will have to “open”
                                                  Transportation                                     their CAN-bus
                                                  companies                                          technology to all
Maintenance issues
                                                  ADAS/vehicle                                       interested parties,
(enhanced
                                                  manufacturers                                      or follow a
maintenance cost and      All                                         III – Moderate                                                Medium            5 – 8 years (long-term)
                                                  Garages and                                        common,
reliance upon
                                                  maintenance shops                                  standardised
specialised workshops)
                                                  Automobile clubs                                   protocol.
                                                  Authorities                                        Subsidised
                                                                                                     ADAS/vehicle
                                                                                                     maintenance
                                                                                                     schemes by the
                                                                                                     manufacturers.
                                                  Transportation
                                                  companies
                                                  Professional                                        Development of
                                                  drivers                                            appropriate
                                                  ADAS/vehicle                                       national/local
Application to local                              manufacturers                                      implementation
transportation                                    Authorities                                        and use manuals,                                 1 – 3 years (short-
                          All                                         I – Very severe                                        Medium
infrastructure                                    Insurance                                          taking into account                              term).
specifications                                    companies                                          not only the local
                                                  Infrastructure                                     language but the
                                                  operators                                          local infrastructure
                                                  All (in terms of                                   availability as well.
                                                  traffic safety
                                                  hazards)
                                                                                                 Need for state or local
                                                                                                 funding and initiatives
                                                                                                 to develop the lacking
                                                  Transportation
                                                                                                 databases.
                                                  companies
Lack of digital mapping                                                                          Need for common
                                                  ADAS
of the road-net (in       Most especially the                         II – Severe (for several   database specification,
                                                  manufacturers                                                              High                     5 – 8 years (long-term)
several European          autonomous ones                             European areas)            including key features
                                                  Navigation maps
countries)                                                                                       and attributes (i.e.
                                                  companies
                                                                                                 speed limits, sharp
                                                  Authorities
                                                                                                 curves, intersections,
                                                                                                 etc.) to be included
                                                                                                 (see also NEXT-MAP

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ADVISORS Contract No. GRD1-1999-10047                                                                                                                                  D3.2



Organisational issues          ADAS function          Actors affected          Problem severity    Mitigation strategy      Mitigation probability      Effects horizon

                                                                                                  project).
                                                                                                       Need for direct or
                                                                                                      indirect state co-
                                                                                                      financing schemes
                                                                                                      for SMEs.
                                                      Transportation
                                                                                                       Need for flexible
Lack of funding,                                      companies
                                                                                                      financing schemes
especially by SMEs                                    (especially SMEs)                                                                              3 – 5 years (medium-
                           Most                                             III – Moderate            by the                Medium
(high cost of investment                              ADAS                                                                                           term)
                                                                                                      ADAS/vehicle
required)                                             manufacturers
                                                                                                      manufacturer (i.e.
                                                      Authorities
                                                                                                      leasing).
                                                                                                       Need for new,
                                                                                                      relevant banking
                                                                                                      products.
                                                                                                       Need for re-
                                                                                                      training schemes
                                                      Transportation
                                                                                                      for administrative
                                                      companies
                                                                                                      personnel, to get
                                                      Professional
                                                                                                      another job in the
                                                      drivers
                                                                                                      company.
Changes in workplaces      Those related to           Administrative and
                                                                            IV – Slight                Need for state co-   Medium                   5 – 8 years (long-term)
and personnel skills       planning                   technical personnel
                                                                                                      financing or other
                                                      Authorities
                                                                                                      incentives to help
                                                      All (unemployment
                                                                                                      those threatened to
                                                      rates affect the
                                                                                                      lose their jobs due
                                                      whole society)
                                                                                                      to ADAS
                                                                                                      implementation.
                                                                                                       Need for new
                                                                                                      logistic
                                                                                                      schemes/products,
                                                      Transportation                                  that integrate
Necessity of changes in
                                                      companies                                       ADAS applications.
the companies              Those related to                                                                                                          3 – 5 years (medium-
                                                      Logistics supplies    IV – Slight                Need for more        High
organisational schemes     planning                                                                                                                  term)
                                                      ADAS                                            flexible
and administration
                                                      manufacturers                                   organisational
                                                                                                      schemes, with
                                                                                                      ADAS experts
                                                                                                      within them.
                                                      Professional                                     New work
                           Those related to
Changes in working                                    drivers                                          contracts need to
                           planning, vehicle and/or                         IV – Slight                                     Medium                   5 – 8 years (long-term)
hours                                                 Transportation                                   be negotiated, to
                           driver monitoring
                                                      companies                                        translate ADAS

ADVISORS WP3 Risk analysis and liability issues                                                                                                          Page 135 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                        D3.2



Organisational issues      ADAS function          Actors affected     Problem severity   Mitigation strategy      Mitigation probability      Effects horizon

                                                                                           implementation
                                                                                           benefits to working
                                                                                           hours’ reduction
                                                                                           indeed
                                                                                           (alternatively,
                                                                                           enhancement for a
                                                                                           transition period to
                                                                                           get familiar and
                                                                                           reduce ROI time).
                                                                                           More scientific
                                                                                           research on the
                                                                                           issue, based on
                                                                                           research Pilots.
                                                                                           Acceptance
                                                                                           enhancement
                                                                                           campaigns.
                                                                                           Dialogue with the
                                                                                           public and the
                                                                                           professional
                                                                                           drivers/
                                                   Transportation
                                                                                           transportation
Low acceptance rate                                companies
                        ISA and other                                                      companies
(in some European                                  Professional     III – Moderate                                Medium                   5 – 8 years (long-term)
                        regulatory ADAS                                                    representatives.
areas)                                             drivers
                                                                                           Gradual
                                                   Authorities
                                                                                           implementation of
                                                                                           such ADAS to
                                                                                           certain parts of the
                                                                                           transportation net
                                                                                           (i.e. urban areas).
                                                                                           Relevant ADAS
                                                                                           support legislation.

Table 3 Organisational Risk Analysis




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ADVISORS Contract No. GRD1-1999-10047                                                                D3.2


7 Conclusions
From the analysis performed on legal and organisational risks within D3.2 versus the
technical/behavioural risks versus the technical/behavioural risks identified in D3/8.1 the following
may be concluded:
   Legal/Organisational risks are at least as important and severe as technical/behavioural ones and
   in the mean- to long-term may pose a greater threat to the implementation and wide penetration of
   several ADAS types.
   Unlike technical issues, legal and organisational issues have not been profoundly researched (i.e.
   only RESPONSE, ADVISORS and RESPONSE II have approached such issues methodologically
   so far).
   Even worse, there is a lack of awareness and consequently of acceptance on ADAS issues within
   the relevant key actors communities, such as insurance Companies, National Authorities and
   Legislative bodies, Consumer Organisation, etc. ADAS have been for too long be dealt with in
   scientific Forums and Conferences. Even Transportation Companies representatives, a major
   ADAS market segment, are not properly informed on existing opportunities and benefits.
   The lack of drivers’ (private and professional) training on ADAS functionalities, as well as explicit
   and nationally adapted manuals, seems to be one of the most important gaps to be fulfilled in the
   near future.
   The above-mentioned gap is coupled with the need for modifications of the existing vehicles’
   homologation procedure, so as to include ADAS as well. In addition, an ADAS friendly liability
   framework, based upon the safety concept is as well needed, to allow the swift and efficient
   deployment of ADAS.
   State financing for ADAS-permissive road infrastructure, ADAS uptake by transportation SME’s
   and driver training on ADAS seem unavoidable and may well become the catalyst for the rapid
   ADAS deployment once their implementation reaches the level of 5 – 10%, the market forces are
   expected to make up for the rest.
   Insurances, although in need to be better informed and integrated into ADAS research and
   implementation and convinced to offer some sort of incentives, will not be a major support force in
   the initial ADAS deployment, due to their conservative policies and nature. Any investment from
   the part of the insurance companies would, prior to it, require statistical data that clearly prove the
   safety benefits of ADAS. However, the success cases of ABS, ESP and other active safety
   modules need to be well considered, as many ADAS may follow their example in being
   established in the market, without prior sufficient evidence of their safety impacts.
    ADAS implementation calls urgently for the development of relevant centres of Excellence
   Europe-wide dealing not only with relevant knowledge and know-how production and transfer, but
   also with local legal and organisational issues, and furthermore performing wide ADAS awareness
   and acceptance enhancement campaigns to bring them out of the laboratory and into the market
   and the society.




ADVISORS WP3 Risk analysis and liability issues                                          Page 137 of 179
ADVISORS Contract No. GRD1-1999-10047                                                               D3.2


8 Annexes

Annex I Legal and Insurance issues Questionnaire


                           ADVISORS project
 Questionnaire on legal/insurance issues regarding the use of Advanced
                       Driver Assistance Systems

This questionnaire tries to define the legal/insurance issues deriving from the use of Advanced Driver
Assistance Systems, such as navigation systems, automatic cruise control systems, anti-collision
systems, lane deviation warning systems, etc.

The main questions posed are:

         •   In case an accident occurs caused by a driver of a vehicle equipped with such a system,
             who is to blame: the driver, the system manufacturer or the car manufacturer?
         •   What are the legal arguments to support / fight each case?
         •   In case such a system is proven to enhance traffic safety, would insurance companies /
             authorities promote its use?

This questionnaire is to be completed by legal experts, insurance brokers and traffic safety experts in
general.

A number of scenarios are presented, describing different traffic conditions. The scenarios are meant
to reflect real cases that have occurred, or are possible to occur, on motorways, rural roads and urban
roads and can be adjusted to any type of car (private car, bus, lorry, truck, van, etc.). The scenario
description includes the facts that should be taken into consideration in each case.

Some scenarios present the positive impacts of the use of such systems on traffic safety. These
scenarios mainly try to answer the insurance-related issues.
Other scenarios present accident-cases, where the driver’s liability is to be decided. These scenarios
aim mainly at the investigation of the legal aspects.

The description of each scenario is followed by a series of questions you are asked to fill in, providing
as much information as possible on the comments section, in terms of relevant circumstances / legal
arguments that will influence the judgement of the case (such as the information / instructions
provided by the manufacturer, the type of road on which the accident takes place, etc.). Your remarks
will be highly appreciated. If you think that a specific question is not relevant to you, just leave the
answer blank.

Please answer the scenarios one by one, using the given order.




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ADVISORS Contract No. GRD1-1999-10047                                                   D3.2

Background data on the respondents:

  Authority



  Company / Office

If yes, please specify field of activity:

  ADAS Manufacturer                               Car Manufacturer

  Insurance Company                               Law Company


  Individual

If yes, please specify field of activity:

  ADAS-equipped Vehicle Driver                    Non ADAS-equipped Vehicle Driver

  Insurer                                         Lawyer


  Other

Please specify: ………………………………………………………




ADVISORS WP3 Risk analysis and liability issues                               Page 139 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                D3.2

Scenario 1: Warning by the system in car following condition: Accident is avoided




       ADAS car



The ADAS-equipped car has a distance warning system. This system warns the driver (through
audio/visual cues) when the distance from the front vehicle becomes too short. The system calculates
the time distance from the front car (actual distance / speed difference of cars) every 0.2 ms. If this is
lower than 3 sec (a threshold defined by adequate testing during the development phase), then a
warning is generated.
The driver has driven on the highway for over 3 hours on long straight stretches. He is fatigued and
inattentive. There is also fog. The driver cannot discern that he/she is approaching a vehicles’ cue.
The system warning (not intervention) makes the driver regain attention and brake in time, thus
avoiding an accident.

Questions arisen:
  • Would you accept to cover the use of such an aid as part of the car insurance premium (within
      its current limitations)?
                Yes             No        Maybe, depending on _____________________
                                        _________________________________________

   •    Would you promote the use of such an aid?
                Yes          No              Maybe, depending on _____________________
                                          _________________________________________.

        If yes, how?
            By offering insurance fee reductions up to ___% for ____ years.
            By making its use mandatory (only for authorities).
            By supporting its advertisement.
            Else. Please specify: ______________________________________________
        ________________________________________________________________.

   •    Would you object to the use of such an aid?
                Yes            No              Maybe, depending on _____________________
                                            _________________________________________.




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ADVISORS Contract No. GRD1-1999-10047                                                     D3.2

       If yes, how?
           By increasing the insurance fee for equipped cars by ___% for ____ years.
           By not accepting to cover (insure) equipped cars.
           By advising my clients not to purchase such cars / aids.
           By banning it (for authorities only).
           Else. Please specify: ______________________________________________
       ________________________________________________________________.

   •   How would having the system in the car influence the insurance fee?

         It would increase the insurance fee.
         It would decrease the insurance fee.
         It would have no effect on the insurance fee.
         Else. Please specify: ______________________________________________
       ________________________________________________________________.

   •   Any further comments?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                                 Page 141 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                 D3.2

Scenario 1’: Warning by the system in car following condition: Accident occurs




       ADAS car

The ADAS-equipped car has a distance warning system, exactly as the one described in Scenario 1.
There is a rather heavy traffic congestion and the vehicles that go before the ADAS vehicle do not
keep a safe distance between them for some time. Due to an unexpected obstacle on the road, the
first vehicle brakes abruptly. The ADAS car finally collides with the front car, while:

Case A: It is proven that the ADA system did not operate properly, i.e. it did not issue a warning at all,
due to operational imitations of the system (bad weather, bad road surface, bad road lining, etc). The
driver claims that he/she completely relied on the system.
In the manual it is mentioned that the ADAS is designed to operate under certain basic conditions,
such as proper road quality and lining, without, however, referring to any special definition on what is
to be considered as proper road quality or lining or to any specific cases / scenarios where the
system’s performance is limited.

Questions arisen in Case A:
  • Could the driver be considered liable?
            No                         Maybe                                  Yes                             I don’t know

        What are the legal arguments against him? ................................................................................
        .....................................................................................................................................................
        .....................................................................................................................................................
        .....................................................................................................................................................

   •    Could the driver claim alleviation from any liability?
            No                         Maybe                                  Yes                             I don’t know

        What are the legal arguments for him?........................................................................................
        .....................................................................................................................................................
        .....................................................................................................................................................
        .....................................................................................................................................................

   •    Is the owner of the vehicle (if different from the driver) liable in any way?
            No                         Maybe                                Yes                               I don’t know

        Comments: ..................................................................................................................................
        .....................................................................................................................................................



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ADVISORS Contract No. GRD1-1999-10047                                                                                                                D3.2

       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                        Yes                                  I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   If the ADA system manufacturer had provided the driver with a manual clearly explaining the
       system limitations, would this alleviate the manufacturer from liability?
           No                          Maybe                                       Yes                                   I don’t know
       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Is it necessary for a manufacturer to underline the system’s properties in ways other than
       providing information in a manual?
           No                          Maybe                                       Yes                                   I don’t know
       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                        Yes                                  I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

Case B: It is proven that the ADA system did generate a warning at a time distance of 3 sec.
However it is proven that the warning was too late and that therefore the threshold of 3 sec was not
enough to prevent this specific accident. The driver claims that he / she completely relied on the
system.
In the manual it is mentioned that the ADAS is designed to operate under certain basic conditions,
such as proper road quality and lining, without, however, referring to any special definition on what is
to be considered as proper road quality or lining or to any specific cases / scenarios where the
system’s performance is limited.




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 143 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                D3.2

Questions arisen in Case B:
  • Could the driver be considered liable?
           No                         Maybe                                        Yes                                  I don’t know
       What are the legal arguments against him? ................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                        Yes                                  I don’t know

       What are the legal arguments for him?........................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                       Yes                        I don’t know

       Comments: ..................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                        Yes                                  I don’t know
       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   If the ADA system manufacturer had provided the driver with a manual clearly explaining the
       system limitations, would this alleviate the manufacturer from liability?
           No                          Maybe                                       Yes                                   I don’t know
       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Is it necessary for a manufacturer to underline the system’s properties in ways other than
       providing information in a manual?
           No                          Maybe                                       Yes                                   I don’t know
       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................


ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 144 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                D3.2

       •    Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                        Yes                                  I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

Case C: It is proven that the system performed well, the warning in this case was in time and
therefore the threshold of 3 sec was enough to prevent this specific accident. However the driver did
not brake accordingly. The driver claims that he/she did not hear/see/understand the warning.

Questions arisen in Case C:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments against him? ................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know
       What are the legal arguments for him?........................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                           Yes                               I don’t know

       Comments: ..................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                       Yes                        I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 145 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                D3.2

   •   Could the Car manufacturer be held liable for part of the damage?
           No                          Maybe                                       Yes                                  I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

General Questions arisen in all, A, B and C, Cases:
  • Does the type of the road play any role in the liability question? (Would the liability question be
      examined differently if the accident had taken place on a motorway / rural / urban road?)
           No                          Maybe                                       Yes                                  I don’t know

       Comments: ..................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Would there be any difference in your answers if you take into consideration that different
       types of damage may occur? (i.e. personal injury vs. property damage)
           No                          Maybe                               Yes                               I don’t know

       Comments: ..................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................

   •   Would there be any difference in your filled-in answers for Scenario 1, after considering the
       Scenario 1’ possible outcome?
          Yes                     No                      Maybe, depending on _____________________
                                                        _________________________________________.



       If yes, how? (what would change in which question of Scenario 1)?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 146 of 179
ADVISORS Contract No. GRD1-1999-10047                                                               D3.2

Scenario 2: Warning by the system in road departure risk: An accident is avoided




         ADAS car

The car is equipped with a system producing warning sounds in case of road departure risk. The
system calculates the time distance from the white marking of the lane every 0.2 ms. If this is lower
than 1 sec (a threshold defined by adequate testing during the development phase), then a sound
warning is generated.

After a long trip on a highway at night, the driver is feeling extremely sleepy. At a microslip incident,
the car starts drifting from the lane and is about to leave the road. The ADAS generates a warning
sound alarm (i.e. virtual rumble strips sound) and alerts the driver in time to avoid the accident.

Questions Arisen:
  • Would you accept to cover the use of such an aid as part of the car insurance premium (within
      its current limitations)?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

   •   Would you promote the use of such an aid?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

       If yes, how?
           By offering insurance fee reductions up to ___% for ____ years.
           By making its use mandatory (only for authorities).
           By supporting its advertisement.
           Else. Please specify: ______________________________________________
       ________________________________________________________________.

   •   Would you object to the use of such an aid?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

       If yes, how?
           By increasing the insurance fee for equipped cars by ___% for ____ years.
           By not accepting to cover equipped cars.
           By advising my clients not to purchase such cars/aids.


ADVISORS WP3 Risk analysis and liability issues                                         Page 147 of 179
ADVISORS Contract No. GRD1-1999-10047                                             D3.2

         By banning it (for authorities only).
         Else. Please specify: _____________________________________________
       _________________________________________________________________
       _________________________________________________________________.

   •   Any further comments?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                         Page 148 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                 D3.2

Scenario 2’: Driver’s lack of reaction to system warning in road departure risk: An
accident is not avoided




          ADAS car




In the case examined here, the ADAS vehicle is equipped with a warning system, exactly as the one
described in Scenario 2.
Although the driver is not in an appropriate condition to drive (tiredness, drunkenness etc), he does
not stop driving. Instead, he relies on the ADAS to give him the timely warning. The vehicle departs
from the motorway and property damages occur to the ADAS vehicle / to vehicles parked at the side
of the road, as:

Case A: It is proven that the ADA system did not operate properly, i.e. it did not issue a warning at all,
due to operational imitations of the system (bad weather, bad road surface, bad road lining, etc). The
driver claims that this system error is the cause of the accident.
In the manual it is mentioned that the ADAS is designed to operate under certain basic conditions,
such as proper road quality and lining, without, however, referring to any special definition on what is
to be considered as proper road quality or lining or to any specific cases / scenarios where the
system’s performance is limited.


Questions arisen in Case A:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments against him? .......................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know
       What are the legal arguments for him?...............................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 149 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                 D3.2

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                            Yes                              I don’t know

       Comments: .........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                             Yes                             I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   If the ADA system manufacturer had provided the driver with a manual clearly explaining the
       system limitations, would this alleviate the manufacturer from liability?
           No                          Maybe                                            Yes                              I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is it necessary for a manufacturer to underline the system’s properties in ways other than
       providing information in a manual?
           No                          Maybe                                            Yes                              I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                             Yes                             I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

Case B: It is proven that the ADA system did generate a warning at a time distance of 1 sec.
However it is proven that the threshold of 1 sec was too short to prevent this specific accident, due to
the environmental conditions (weather, road surface, etc.) that prevented the driver from regaining the
control of the vehicle after having declined so much from its proper route. The driver claims that
he/she completely relied on the system.




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 150 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                 D3.2

Questions arisen in Case B:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know
       What are the legal arguments against him? .......................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments for him?...............................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                            Yes                              I don’t know

       Comments: .........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                            Yes                              I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   If the ADA system manufacturer had provided the driver with a manual clearly explaining the
       system limitations, would this alleviate the manufacturer from liability?
           No                          Maybe                                         Yes                                I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is it necessary for a manufacturer to underline the system’s properties in ways other than
       providing information in a manual?
           No                          Maybe                                            Yes .........................            I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................


ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 151 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                 D3.2

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                                        Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

Case C: It is proven that the system performed well and the threshold of 1 sec was enough to prevent
this specific accident, so the warning was in time in this case. However the driver did not react
accordingly. The driver claims that he/she did not hear/see/understand the warning.

Questions arisen in Case C:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments against him? .......................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know
       What are the legal arguments for him?...............................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                Yes                               I don’t know

       Comments: .........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                                        Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 152 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                 D3.2

   •   Could the Car manufacturer be held liable for part of the damage?
           No                          Maybe                                                       Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

General Questions arisen in all, A, B and C, Cases:
  • Does the type of the road play any role in the liability question? (Would the liability question be
      examined differently if the accident had taken place on a motorway / rural / urban road?)
           No                          Maybe                               Yes                               I don’t know

       Comments: .........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Would there be any difference in your answers if you take into consideration that different
       types of damage may occur? (i.e. personal injury vs. property damage)
           No                          Maybe                               Yes                               I don’t know

       Comments: .........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Would there be any difference in your filled-in answers for Scenario 2, after considering the
       Scenario 2’ possible outcome?
          Yes                     No                      Maybe, depending on _____________________
                                                        _________________________________________.


       If yes, how? (what would change in which question of Scenario 2)?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                                                                                    Page 153 of 179
ADVISORS Contract No. GRD1-1999-10047                                                              D3.2


Scenario 3: Warning by the system in case of lane exit: An accident is avoided




                 ADAS car

The car is equipped with a system producing warning sounds in case there exists another car in the
left blind spot area. The visibility range of the system is 5 m.

On a three-lane road, the ADAS car is at the rightmost lane. The driver wants to change lane and
looks to the left. There is no car at the middle lane, so the driver starts the lane-changing manoeuvre.
At the same time, the car on the leftmost lane suddenly changes to the middle lane and accelerates.
The system warns the driver of the ADAS car, preventing the driver from changing lane, thus
avoiding the accident.

Questions arisen:
  • Would you accept to cover the use of such an aid as part of the car insurance premium (within
      its current limitations)?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

   •   Would you promote the use of such an aid?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

       If yes, how?
           By offering insurance fee reductions up to ___% for ____ years.
           By making its use mandatory (only for authorities).
           By supporting its advertisement.
           Else. Please specify: ______________________________________________
       ________________________________________________________________.




ADVISORS WP3 Risk analysis and liability issues                                        Page 154 of 179
ADVISORS Contract No. GRD1-1999-10047                                                  D3.2


   •   Would you object to the use of such an aid?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

       If yes, how?
           By increasing the insurance fee for equipped cars by ___% for ____ years.
           By not accepting to cover equipped cars.
           By advising my clients not to purchase such cars/aids.
           By banning it (for authorities only).
           Else. Please specify:_____________________________________________
       ________________________________________________________________
       ________________________________________________________________.

   •   Any further comments?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                             Page 155 of 179
ADVISORS Contract No. GRD1-1999-10047                                                       D3.2


Scenario 4: Intervention by the system in motorway entrance: An accident is
avoided




   ADAS car




The ADAS car is equipped with a distance adjustment system, on which the driver can interfere.
This system provides warning to the driver, and if required, decelerates the car, in case it comes
too close to a front obstacle / car. The system calculates the time distance from the front car
(actual distance / speed difference of cars) every 0.2 ms. If this is lower than 3 sec (a threshold
defined by adequate testing during the development phase), then a warning is generated. If this
distance becomes lower than 1.5 sec, then the system automatically brakes the car with a
deceleration of –4 m/s2. The driver can apply higher deceleration according to his/her opinion.

The driver is engaged in a conversation with a car passenger, while running at high speed on a
motorway. Suddenly, another vehicle enters the motorway in a low speed. The driver does not
notice it due to the conversation. The ADAS notices it in time and intervenes (brakes the car),
whereas the driver would have seen it too late.

Questions arisen:
  • Would you accept to cover the use of such an aid as part of the car insurance premium
      (within its current limitations)?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.



   •   Would you promote the use of such an aid?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

       If yes, how?
           By offering insurance fee reductions up to ___% for ____ years.


ADVISORS WP3 Risk analysis and liability issues                                   Page 156 of 179
ADVISORS Contract No. GRD1-1999-10047                                                  D3.2


         By making its use mandatory (only for authorities).
         By supporting its advertisement.
         Else. Please specify: ______________________________________________
       ________________________________________________________________.

   •   Would you object to the use of such an aid?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.

       If yes, how?
           By increasing the insurance fee for equipped cars by ___% for ____ years.
           By not accepting to cover equipped cars.
           By advising my clients not to purchase such cars/aids.
           By banning it (for authorities only).
           Else. Please specify: ______________________________________________
       ________________________________________________________________
       ________________________________________________________________.

   •   Any further comments?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                            Page 157 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                                     D3.2


Scenario 4’: Car cutting-in in front of the ADAS car: An accident is not avoided




   ADAS car




The ADAS car is equipped with a distance adjustment system, on which the driver can interfere,
exactly as the car described in Scenario 4.

The ADAS vehicle is in the middle lane of a motorway. It follows a vehicle travelling in front, at
the distance adjusted by the system. When the vehicle in front changes lane to the left, the
driver accelerates because there is no other vehicle ahead at that moment. However, at the
very same moment there is a vehicle in the right lane changing to the middle lane. An accident
occurs while:

Case A: It is proven that the ADA system did not operate properly, i.e. it was not activated at all,
due to operational imitations of the system (bad weather, bad road surface, bad road lining, etc).
The driver claims that this system error is the cause of the accident.
In the manual it is mentioned that the ADAS is designed to operate under certain basic
conditions, such as proper road quality and lining, without, however, referring to any special
definition on what is to be considered as proper road quality or lining or to any specific cases /
scenarios where the system’s performance is limited.

Questions arisen in Case A:
  • Could the driver be considered liable?
            No                                Maybe                                                         Yes                                     I don’t know

       What are the legal arguments against him?........................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
            No                                Maybe                                                         Yes                                     I don’t know

       What are the legal arguments for him?
       ...............................................................................................................................................................................
       ...............................................................................................................................................................................
       ...............................................................................................................................................................................



ADVISORS WP3 Risk analysis and liability issues                                                                                                       Page 158 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


   •   Was there any alternative driving behaviour to be used as a legal argument against him /
       her?
          No                          Maybe                                Yes                               I don’t know
       Namely:
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   If the ADA system manufacturer had provided the driver with a manual clearly explaining
       the system limitations, would this alleviate the manufacturer from liability?
          No                          Maybe                                Yes                               I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is it necessary for a manufacturer to underline the system’s properties in ways other
       than providing information in a manual?
          No                          Maybe                                Yes                               I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................


ADVISORS WP3 Risk analysis and liability issues                                                                           Page 159 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


Case B: It is proven that the ADA system did start braking the car at a time distance of 1.5 sec,
however it is proven that either the threshold of 1.5 sec was not enough to prevent this specific
accident or the deceleration applied was too soft in this case. The driver claims that he/she
completely relied on the system.

Questions arisen in Case B:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know
       What are the legal arguments against him?........................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments for him? ...............................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Was there any alternative driving behaviour to be used as a legal argument against him /
       her?
          No                          Maybe                                Yes                               I don’t know
       Namely: ..............................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                Yes                              I don’t know
       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                          Page 160 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


   •   If the ADA system manufacturer had provided the driver with a manual clearly explaining
       the system limitations, would this alleviate the manufacturer from liability?
          No                          Maybe                                Yes                               I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is it necessary for a manufacturer to underline the system’s properties in ways other
       than providing information in a manual?
          No                          Maybe                                Yes                               I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

General Questions arisen in both, A and B, Cases:
  • Does the type of the road play any role in the liability question? (Would the liability
      question be examined differently if the accident had taken place on a motorway / rural /
      urban road?)
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Would there be any difference in your answers if you take into consideration that
       different types of damage may occur? (i.e. personal injury vs. property damage)
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                          Page 161 of 179
ADVISORS Contract No. GRD1-1999-10047                                                      D3.2




   •   Would there be any difference in your filled-in answers for Scenario 4, after considering
       the Scenario 4’ possible outcome?
          Yes            No              Maybe, depending on _____________________
                                       _________________________________________.


       If yes, how? (what would change in which question of Scenario 4)?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                                  Page 162 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


Scenario 4’': Car cutting-in in front of the ADAS car: An accident is not avoided




                     ADAS car




The ADAS car is equipped with a distance adjustment system, on which the driver can
interfere, exactly as the car described in Scenario 4.

The ADAS vehicle is in the middle lane of a motorway. It follows a vehicle travelling in
front, at the distance adjusted by the system and is followed by another non ADAS
equipped car. When the vehicle in front changes lane to the left, the driver accelerates
because there is no other vehicle ahead at that moment. However, at the very same
moment there is a vehicle in the right lane changing to the middle lane. The ADAS
vehicle automatically brakes. Supposing that the deceleration grade chosen by the
ADAS vehicle driver is 8 m/s2 performed within a timeframe less than 0,5 sec, the
following car has not enough time to break accordingly, so as to avoid the accident.
Although, according to the traffic law, responsibility is always to be added to the rear
driver however, the driver claims that he could never compete the automated
performance achieved by the ADAS system.


Questions arisen:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments against him?........................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments for him? ...............................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                          Page 163 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2




   •   Was there any alternative driving behaviour to be used as a legal argument against him /
       her?
          No                          Maybe                                Yes                               I don’t know
       Namely: ..............................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                       Yes                       I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                       Yes                       I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Does the type of the road play any role in the liability question? (Would the liability
       question be examined differently if the accident had taken place on a motorway / rural /
       urban road?)
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                          Page 164 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


   •   Would there be any difference in your answers if you take into consideration that
       different types of damage may occur? (i.e. personal injury vs. property damage)
           No                          Maybe                               Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Would there be any difference in your filled-in answers for Scenario 4, after considering
       the Scenario 4’’ possible outcome?
          Yes                     No                      Maybe, depending on _____________________
                                                        _________________________________________.


       If yes, how? (what would change in which question of Scenario 4)?
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________
       ________________________________________________________________




ADVISORS WP3 Risk analysis and liability issues                                                                          Page 165 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                       D3.2


Scenario 5: Accident caused by the driver not being able to override the speed
limit set by the system




    60           ADAS car

The ADAS vehicle is equipped with a system, reducing the vehicle speed to the legal speed
limit, namely it prevents the driver from driving over the speed limit. The ADAS is automatically
activated by a signal generated by a local infrastructure, whenever the vehicle enters certain
urban areas, where a special speed limit is imposed and, if required, brakes the vehicle
accordingly. The driver is not able to override the system intervention.
The driver of the ADAS vehicle is at the moment overtaking the vehicle in front, when he notices
that a car is coming from the opposite direction with a speed exceeding the speed limit set. He
understands promptly that he should also accelerate the overtaking procedure in order to avoid
the crash. However, he cannot overrule the system and the crash is inevitable.

Questions arisen:
  • Could the driver be considered liable?
             No                         Maybe                                             Yes                             I don’t know

         What are the legal arguments against him?........................................................................
         ............................................................................................................................................
         ............................................................................................................................................
         ............................................................................................................................................

   •     Could the driver claim alleviation from any liability?
             No                         Maybe                                             Yes                             I don’t know
         What are the legal arguments for him? ...............................................................................
         ............................................................................................................................................
         ............................................................................................................................................
         ............................................................................................................................................

   •     Was there any alternative driving behaviour to be used as a legal argument against him /
         her?
            No                          Maybe                                Yes                               I don’t know
         Namely: ..............................................................................................................................
         ............................................................................................................................................
         ............................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                            Page 166 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


   •   Does the fact that this was a non-overridable intervention system affect driver’s liability?
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................


   •   Is the traffic authority that runs the infrastructure liable?
          No                          Maybe                                Yes                               I don’t know
       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Does the type of the road play any role in the liability question? (Would the liability
       question be examined differently if the accident had taken place on a motorway / rural /
       urban road?)
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................


ADVISORS WP3 Risk analysis and liability issues                                                                          Page 167 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


   •   Would there be any difference in your answers if you take into consideration that
       different types of damage may occur? (i.e. personal injury vs. property damage)
           No                         Maybe                                Yes                              I don’t know

       Comments:...................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                           Page 168 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


Scenario 6: Accident caused by the driver not being able to override speed limit
set by the system




  30
          ADAS car




The ADAS vehicle is equipped with a system, reducing the vehicle speed to the legal speed
limit, same as the one with which the car in Scenario 5 is equipped.

Having entered in an urban zone with a specific speed limit, the ADA system is supposed to be
automatically activated. However no signal is generated, “commanding’ the vehicle to slow
down according the maximum speed level within the urban area. The driver thinks he may still
keep his speed (which is too high) because he is used to being automatically slowed down. The
driver of the vehicle that turns into the street expects the ADAS vehicle to drive more slowly
(conforming to the maximum speed level). He is not able to avoid an accident.

Questions arisen:
  • Could the driver be considered liable?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments against him?........................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the driver claim alleviation from any liability?
           No                         Maybe                                             Yes                             I don’t know

       What are the legal arguments for him? ...............................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................


ADVISORS WP3 Risk analysis and liability issues                                                                          Page 169 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                     D3.2


   •   Was there any alternative driving behaviour to be used as a legal argument against him /
       her?
          No                          Maybe                                Yes                               I don’t know
       Namely: ..............................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Does the fact that this was a non-overridable intervention system affect driver’s liability?
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Is the owner of the vehicle (if different from the driver) liable in any way?
           No                         Maybe                                Yes                              I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the ADAS manufacturer be considered liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: ................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Could the Car manufacturer be held liable for part of the damage?
           No                         Maybe                                Yes                              I don’t know

       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................


   •   Is the traffic authority that runs the infrastructure liable?

          No                          Maybe                                Yes                               I don’t know
       Legal arguments: .........................................................................................................................
       .....................................................................................................................................................
       .....................................................................................................................................................


ADVISORS WP3 Risk analysis and liability issues                                                                           Page 170 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                                                     D3.2


   •   Does the type of the road play any role in the liability question? (Would the liability
       question be examined differently if the accident had taken place on a motorway / rural /
       urban road?)
            No                                Maybe                                         Yes                                       I don’t know

       Comments:..........................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................
       ............................................................................................................................................

   •   Would there be any difference in your answers if you take into consideration that
       different types of damage may occur? (i.e. personal injury vs. property damage)
            No                                Maybe                                         Yes                                       I don’t know

       Comments:...................................................................................................................................
       ..........................................................................................................................................................................................




ADVISORS WP3 Risk analysis and liability issues                                                                                                       Page 171 of 179
ADVISORS Contract No. GRD1-1999-10047                                                          D3.2


Concluding Questions Put the desirable number in a circle

1. Do you appreciate greatly the development and usage of such driver tools for
forwardlooking trend of car-industry progress?
Negative       0       1       2      3       4       5       Positive
If more positive – in what do you see the assets? …………………………………………
…………………………………………………………………………………………………..

If more negative – why not? In what do you see the disadvantages? ………………………
…………………………………………………………………………………………………..


2. Do you think that research and development in that area should proceed this way?
       Negative        0       1       2      3       4       5       Positive
If more positive– in what do you see the assets? …………………………………………
…………………………………………………………………………………………………..

If more negative – why not, in what do you see disadvantages? ……………………….
…………………………………………………………………………………………………..


3. In case the vehicle is equipped with an ADA warning system, should it be furnished with a
„black box“ as well, in order to watch the incident, enhancing safe conclusions on whose fault
the accident was?
       Negative        0       1       2      3       4       5       Positive


4. “The system should not be used / recomended in cases such as: new drivers, bad weather
conditions (fog, rainfall, darkness, etc. ), or other, so that the driver does not adopt a passive
behaviour that would only depend on a tool, neglecting crucial driver characteristics, such as
vigilance.“
Do you agree?
       Negative        0       1       2      3       4       5       Positive


5. Do you think that driving a vehicle equipped with an ADA warning system could affect an
experienced and skilled driver by leading to his / her adaption to the warning signs and
gradually to the downgrading of his crucial driving skills? (shrinking of his vigilance to face
hazardous traffic situations)?
       Negative        0       1       2      3       4       5       Positive


6. Do you by any chance believe that dealers / maintenance companies of ADAS are also
responsible for part of the damage?
       Negative        0       1       2      3       4       5       Positive




ADVISORS WP3 Risk analysis and liability issues                                     Page 172 of 179
ADVISORS Contract No. GRD1-1999-10047                                                    D3.2



Annex II Organisational issues Questionnaire



                                      ADAS SURVEY:

    Organisational aspects of Advanced Driver Assistance Systems

Dear Sir / Madam, the EU-project ADVISORS is conducting a survey on organisational
consequences of existing and prospective advanced driver assistance (ADA) systems.

The project’s objective is to develop a comprehensive framework to analyse, assess and predict
the implications of a range of ADA systems and / or combination of systems. The introduction of
ADAS into traffic will inevitably bring new types of systems and services (i.e. driver support,
traffic control, emergency support that centres would need to provide, etc.) thus bringing new
working opportunities. Existing ADA systems are for instance RDS-TMC (Radio Data System –
Traffic Message Channel) and route guidance systems such the Philips CARIN system. In the
near future anti-collision systems are expected on the market and Autonomous and / or
Intelligent Cruise Control.
The introduction of ADA systems is expected to stabilise the traffic flow, and should decrease
fuel consumption as well as exhaust emissions (CO2, NOx, HC, PM10, etc.) to some extent. As
a result of ADVISORS and the comprehensive assessment of the effects of ADAS, more
information on these issues will be available.
Helping realising the development and implementation of ADAS, development of multiparameter
criteria and a common impact assessment methodology for ADAS, to support the traffic safety,
usability, driver comfort, interaction safety (HMI), road network efficiency and environmental
impact assessment of all types of ADAS, will be the major contribution of ADVISORS to
technological progress, as it will greatly contribute towards cost-efficient and reliable ADAS
evaluation schemes. To identify areas of barriers to deployment and provide recommendations
concerning organisational consequences of ADAS implementation, the present survey is
distributed among experts and professionals.




ADVISORS WP3 Risk analysis and liability issues                                Page 173 of 179
ADVISORS Contract No. GRD1-1999-10047                                                 D3.2


1. Present situation
1.1 Organisational structure
a. What can be regarded as the core business of your company?
………………………………………………………………………………………


b. Please state, if applicable, additional business of your company.
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………

c. How many persons does your company employ? (Please estimate if not known exactly)
………. persons

d. In how many countries does your company have employees?
………. countries

e. Do you have any personnel familiar with Advanced Driver Assistance Systems for Transport
   (ADAS)?
  No
  Yes

If yes, how many? (Please estimate if not known exactly)
………. persons

1.2 Policy regarding implementation of new technologies

a. Who (please state function) or which department within your company proposes new
   technologies?
………………………………………………………………………………………

b. Who (please state function) or which department within your company decides on the actual
   implementation of those proposed new technologies?
………………………………………………………………………………………

c.   Are there others or other departments involved in the implementation process of new
     technologies?
        No
        Yes (Please state function/department and their role below)
     1. ……………………………………………………………………………………
     2. ……………………………………………………………………………………
     3. ……………………………………………………………………………………
     4. ……………………………………………………………………………………




ADVISORS WP3 Risk analysis and liability issues                             Page 174 of 179
ADVISORS Contract No. GRD1-1999-10047                                                        D3.2


1.3 Funding
a. Can you give an indication of the funds that have been allocated in the past 5 years for
    implementation of new technologies? (Please state technology and amount in Euro i.e. …
    Euro for electronic drivers log, … Euro for route guidance/navigation system, … Euro for
    maximum speed limiter etc.)
    1. ……… Euro for ………………………………………….…..in the past 5 years
    2. ……… Euro for ………………………………………….…..in the past 5 years
    3. ……… Euro for ………………………………………….…..in the past 5 years
    4. ……… Euro for ………………………………………….…..in the past 5 years
    5. ……… Euro for ………………………………………….…..in the past 5 years
    6. ……… Euro for ………………………………………….…..in the past 5 years

b. Do the necessary funds originate from within your company?
     Yes, entirely
     Yes, but also partly from ………………………………………………………..
     No, funded by …………………………………………………………………...

1.4 Legislative issues
a. Are you familiar with laws or standard that oblige you to implement new technologies
    (ADAS)?
      No
      Yes

If yes, please indicate the following for each law/standard that you are familiar with:

The level on which the law/standard is applicable (National, European or International)
For which technology the law/standard is intended
The implications of the law/standard for your company


     Level           Technology           Implications for your company
                     intended
     1.



     2.



     3.



     4.




ADVISORS WP3 Risk analysis and liability issues                                     Page 175 of 179
ADVISORS Contract No. GRD1-1999-10047                                                        D3.2


b. Are you familiar with laws or standard that prohibits you to implement new technologies
   (ADAS)?
     No
     Yes

If yes, please indicate the following for each law/standard that you are familiar with:

The level on which the law/standard is applicable (National, European or International)
For which technology the law/standard is intended
The implications of the law/standard for your company


     Level           Technology           Implications for your company
                     intended
     1.



     2.



     3.



     4.




2. Implementation of ADAS
2.1 New technologies

a. Which ADAS are recently implemented in your organisation? (Please state name and
   functionality)
   1. ……………………………………………………………………………………
   2. ……………………………………………………………………………………
   3. ……………………………………………………………………………………
   4. ……………………………………………………………………………………



2.2 Expected changes as a consequence of the implementation of ADAS

Please indicate of the Advanced Driver Assistance System that you're familiar with whether it is
expected or has been measured to have any of the following implications.




ADVISORS WP3 Risk analysis and liability issues                                     Page 176 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                            D3.2


a. Changes in work

ADAS                          Loss of jobs        New jobs           New expertees/ specialities/ skills
                              (number       or    (number       or
                              percentage)         percentage)




b. Planning changes and logistic changes (i.e. service delivery within … days, reduction of
   spare personnel/ vehicles by … % etc.)

ADAS                                Planning changes                          Logistic changes




c.   Work practice changes

ADAS            Reduction     of    Enhancement           Change/     shift   Change of job        Change in job
                working hours       of      working       of      working     location             performance
                (number of hours    hours                 hours               (i.e. more in the    (estimated

                per     day    or   (number of hours      (from … to …)       office than on the   percentage)

                percentage)         per     day     or                        road)

                                    percentage)




d. Sales changes and pricing changes

ADAS                  Expected sales Cost of service Pricing                          policy New      clients/
                      change         change          change                                  services
                                            (estimated               (estimated               (please name some)

                                            percentage)              percentage)




ADVISORS WP3 Risk analysis and liability issues                                                    Page 177 of 179
ADVISORS Contract No. GRD1-1999-10047                                                                                                          D3.2


Final remarks from yourself:

Do you see important gaps in the introduction and implementation route of ADAS, now and in the near
future? Are there any opportunities and priorities concerning organisational aspects of ADAS that you
have missed in this questionnaire? Are there any other relevant issues not raised in the questionnaire?
Other comments?
.........................................................................................................................................................
.........................................................................................................................................................
.................................................................................................................................………………
………………..
............................................................................................................……….
............................................................................................................……….
............................................................................................................……….



                                         Thank you for your assistance




ADVISORS WP3 Risk analysis and liability issues                                                                                Page 178 of 179
ADVISORS Contract No. GRD1-1999-10047                                             D3.2



Annex III ADVISORS Workshop Agenda, Athens & Thessaloniki, Greece




        ADVISORS WORKSHOP AGENDA
                     •    Introduction to the relevant to the discussion ADASs:
10:00 – 10:30
                            Advanced Cruise Control (ACC) and Collision Avoidance System
                         (CAS)
                            Lane drift and change warning
                            Driver hypo-vigilance monitoring and warning
                            Intelligence Speed Adaptation (ISA)
                            Navigation and Route Guidance
                     •   Presentation of the current (national / European) legal System

10:30 – 11:00        •   Raising of the problem of liability, insurance and organisational
                         impacts

                     •   Questions – Open Points
11:00 – 12:00        Group Discussion

12:00 – 12:30        Coffee Break

12:30 – 13:00        Presentation of conclusions - Discussion




ADVISORS WP3 Risk analysis and liability issues                          Page 179 of 179

				
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