ABD HUKUKU UYARINCA OTONOM ARAÇLAR ÇAĞINDA TEKEFFÜLLER, FEDERAL HUKUKUN ÜSTÜNLÜĞÜ VE FEDERAL MODEL KURUMLARIN ROLÜ

Abstract

Autonomous vehicle (AV) technology promises society many social, economic, and environmental benefits. It is crucial to examine the legal environment behind this breakthrough technology in order to pave the way for continuous innovation. Under US law, where the AV technology is most regulated, this Article delves into three critical legal issues AVs will face: i) law of warranties, ii) preemption of state common law claims, and iii) the role of federal modal agencies. This Article argues that the role of warranty claims would be limited because most AVs will not be sold to the public in the first years, meaning that there will be no express or implied warranties. Since previous preemption cases related to motor vehicles involved specific designs, this Article asserts that performance-oriented standards––assessing whether an AV drives more safely than a conventional vehicle––will work around unpredictable preemption questions. Moreover, if the threat of future litigation becomes too great for AV manufacturers, federal preemption could limit AV manufacturers’ liability for compensation to injured plaintiffs. Last, although limited budgets and staffing levels make modal agencies’ inaction to date understandable, this Article cautions that the current research phase should not last too long. Otherwise, agency inaction will hamper the safe introduction of AVs.