The reason why "people" are sent even in an accident with Toyota and level 4 vehicles

In a personal injury caused by Toyota's automatic driving car "E-PALETTE" operated in the Tokyo Olympics and Paralympic players village, the Metropolitan Police Department is planning to send documents in the car in the car on suspicion of negligence driving.Was reported.

It has been talked about in some parts, whether the operator is responsible for an autonomous car, but it also has misunderstandings.

In this article, we will explain the accidents of autonomous driving, along with an overview of the accident.

Contents of the article

■事故の概要

The E -Palette accident occurred on August 26, 2021 in the Tokyo Olympics and Paralympic players.The E -Palette, which is running on the road in the player village for the purpose of traveling, approached a jurisdiction player who was crossing a cross -shaped road without a traffic light.

When the E -Palette turned right on the che -shaped road, the sensor stopped and paused, and after the operator confirmed the safety, the pedestrians crossed the road were detected again and the automatic brakes were activated.The operator also activated the urgent brake, but was in time and contacted a pedestrian before the vehicle stopped.

The player was injured and was injured for about two weeks.At that time, there were two operators and five passengers on the vehicle, but there was no injury.

After the accident, Toyota immediately stopped operating the E -Palette, proceeded with investigating the cause, and began considering the Organizing Committee and the recurrence.

[Reference] As a related article, refer to "Accidents of autonomous car accidents, overseas and domestic cases, and explanations and explanations by Toyota's E-Palette."

According to the official announcement on August 30, Toyota consists of three elements in the players' village, "pedestrians," "vehicles," and "infrastructure including guiders."It is said that two guiders were placed at the intersection where the accident occurred, and the safety management of pedestrians and vehicles was performed in a timely manner.

However, in the situation used by a variety of people like the Paralympic Games, it is not an environment where the guide can confirm the movement of pedestrians and vehicles from multiple directions, and the coordination between the guide and the operator is not sufficient.The facts were mentioned as the factors of the accident.

In the case of resuming the operation, the walking environment of the player village and the rules at the time of travel are re -enforced, and the number of guides has been increased from six to 20 people, separating from vehicle staff and pedestrian staff.We have to rebuild a system that can securely guide them, such as becoming an incorporation.

The E -Palette has also increased the number of crew members, improving the re -education of operators, increasing the volume of approaching notification sounds, and responding to manual operation.

■自動運転実証における責任の所在

レベル4実証は「実質レベル2～4」で行われている

Currently, many of the autonomous driving demonstrations, which are currently being promoted in Japan and around the world, are aimed at automatic driving level 4 to realize driverless.For autonomous driving cars for services such as human movement and transportation of Fiveods, the key to unmanned is the key, and public road demonstration is being promoted by riding a safety driver and security staff.According to the traffic rules of each country, if technology is sophisticated and regulated issues are cleared, it is possible to prove them unmanned.

Driving by driverless basically falls under level 4 or level 3 due to remote monitoring and operations.Due to driverless, the driver is naturally absent.

On the other hand, in cases where a safety driver is on board, the level of the actual run varies depending on the role.Although the security staff is on board, there are level 4 driving that does not depend on the operation operation, the level 3 that is manually intervened in response to the request from the autonomous driving system, the constant monitoring obligation, and in a level 2 state that is manually intervened at any time.In some cases, they are running.

Many public road demonstrations in Japan are implemented at a real level 2 state unless there is a special permission, as there are no legal driverless.

[Reference] As a related article, see "What is an autonomous driving level? Definition, name, and commercial models? What can you do?"

レベル3以上は運行供用者に責任？

So who will be responsible for each vehicle of level 2 to 4 in the event of an accident?Level 2 is not an autonomous driving, but a driving by advanced driving support system, so basically the driver is responsible as before.

On the other hand, the responsibility of accidents at level 3 that enables autonomous driving under condition is not clear.The Road Traffic Law clearly states that "driving using automatic operating devices is included in conventional driving", but it is specified as exemption when using the automatic operating device correctly.It is limited to the provisions of "Article 71, item 5 5", which prohibits the use of mobile phones.The accident outside the system is naturally responsible for the driver, but the operation is not specified.

▼ Road Traffic Law https: // Elaws.e-GOV.Five.JP/Document? Lawid = 335AC0000000105

However, the driver at Level 3 is the operator in the Automobile Limited Law (Automobile Law), so it is likely that the driver will be responsible for the liability law.

The Ministry of Land, Infrastructure, Transport and Tourism's “Study Group on Liability in Autonomous Driving Liability in Autonomous Driving” is also a major focus on how to consider the responsibility of operators in accidents during the use of autonomous driving systems.

In the event that a defect in the autonomous driving system becomes an accident factor, in order to ensure the effectiveness of the exercise of the right to use the right to use by insurance companies, etc., while maintaining the conventional liability of the conventional operator from the viewpoint of prompt victim relief.It is concluded that it is appropriate to consider the mechanism.

And in a transportation service using vehicles with a level 4 autonomous driving level, "Automobile Transport Business, which is the owner of a vehicle that provides transportation services to customers," is likely to be understood as a "operator."For more information, see P7 to 9 in the "Report on Damage Liability in Autonomous Driving"), but please note that it is only in terms of the viewpoint of the self -responsibility method, but in the Automatic Law, the level 4 accident.The responsibility may be interpreted as "automotive carrier who is the owner of a vehicle that provides transportation services".

■事故当時のイーパレットは「自動運転」ではない

Return to the accident of the e -pallet.It is said that the operation of e -pallets in the player village was mainly performed at real level 2.Although there are no devices such as handles or accelerator in the car, the operator operates it with joysticks.

However, it was difficult to operate the joystick, so it was said that the automatic control system was activated when turning.At the time of the accident, the E -Palette, which approached the jeopardy road, started right turned by automatic control and paused in front of the pedestrian crossing.After confirming the safety, the operator came into contact with a pedestrian shortly after the operator instructed him to move forward.

In any case, the operation of the e -palette in the player village is performed at level 2, and the role of the in -car operator is equivalent to the driver.Even an eupalet that enables level 4 is understood that as long as the operation form is level 2, it is only a normal operation using the advanced driving support system, not autonomous driving.

In other words, the in -car operator in this case is equivalent to a driver who is responsible for the mobile service as a business, like a general bass driver.

■【まとめ】実質的な運行形態が責任の所在を左右する

Even in an accident with an autonomous car, the responsibility changes depending on the substantial operation form.This case is a level 2 operation, and it was considered that the safety confirmation by the in -car operator was inadequate, so that documents were being sent.

The future focus is to clarify the responsibilities of the level 3 and level 4 where the driver exists.Currently, the responsibility in the event of an accident is likely to be imposed by the driver, but if the accident is caused by the autonomous driving system and there is no negligence in the driver, the driver may appeal to the manufacturer.

The same applies to the case where the autonomous driving system violates the Road Traffic Law.It should not be a story, for example, if the autonomous driving system misses a pause and puts a ticket, it is not accumulated as a driver.It is a serious event that shakes the reliability of the autonomous driving system itself, but it should be clear what to do under the Road Traffic Law.

[Reference] For accidents caused by E -Palette, refer to "Thinking about the importance of" Human error countermeasures "from Toyota's autonomous driving accident."