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The IBA’s response to the situation in Ukraine
Back to Closely Held and Growing Business Enterprises Committee publications
5 March 2020
Luther Rechtsanwaltsgesellschaft mbH, Frankfurt
Massimo Calderan Altenburger, Zürich
Nadine Hartung McDermott Will & Emery, Munich
Maria Grazia Davino CEO, FCA Germany AG, Frankfurt
Felix Rettenmaier Rettenmaier & Adick Rechtsanwälte, Frankfurt
Jessica Uguccioni Law Commission of England and Wales, London
Joost Vantomme Smart Mobility Director, European Automobile Manufacturers’ Association (ACEA), Belgium
The session illustrated different aspects of challenges to the regulatory framework for implementing mobility services, including:
• adapting road rules for algorithms and issues of public acceptance;
• necessary investment decisions regarding infrastructure projects and the political/regulatory impact of such decisions;
• necessary and useful infrastructure and regulatory (framework) measures for mobility services; and
• questions arising from a compliance and criminal law perspective.
The panellists’ statements and following discussion highlighted, among others, the following points which related to ongoing discussions within regulatory bodies and decision makers:
• how will driverless cars make ‘life and death’ decisions? Ethical dilemmas, the MIT (Massachusetts Institute of Technology) Moral Machine and public acceptance;
• multiple ‘legal dilemmas’ for changes to legislation for automated vehicles, eg, speeding, or edging through pedestrians at busy crossings.
• investments are referring to the whole supply chain, from the OEM (original equipment manufacturer) to the final customer;difficulties in calculating the return of short-term investments; also workforce redistribution might be a potential issue.
• the knowledge base/education about the new technologies and commercialisation of products and related services are at a very early stage;
• dependence on the maturity of the market environment – pure environmental reasons or social trending as triggering factors for changing mobility concepts;
• looking at governmental incentives or tax changes (beneficial or otherwise), the scenarios are various, remain unstable, and therefore not transparent;
• vehicles on roads need adapted physical and digital infrastructure;
• short range v long range communication, the role of 5G?
• coordination of various regulators – type approval, radio equipment regulator, telecoms regulator (European Electronic Communications Code or EECC), cities as regulators?
• (big) data generation exchange, use/reuse and access to data, cybersecurity, AI in automotive;
• how to communicate with infrastructure?
• what kind of changes are required within the legal framework regarding compliance and criminal law? Will individual criminal liability disappear? and
• will driverless vehicles shift criminal liability from driver to manufacturer?
The discussions among panellists and audience made it clear that it is not only technology that puts hurdles between today’s mobility and future concepts, but also a number of follow-on questions which need to be answered in the regulatory and infrastructural environment. Criminal law also has to be further developed to meet future legal requirements as a consequence of implementing new mobility concepts, such as autonomous driving.