Term Paper

Presentation

Vehicle Safety Regulations and ADAS:

Tensions Between Law and Technology

Keshav Goyal CS-420

150001014 Embedded Systems
Overview
● The introduction of Advanced Driver Assistance Systems
(ADAS) in road traffic raises many complex questions. One of
them is to what extent current legal frameworks are fit to
accommodate the market introduction of ADAS and on which
points they need to be amended to adequately facilitate the
smooth implementation of ADAS.
● The ratio behind this type of regulation is that governments
want to assure some minimum levels of safety of vehicles
and included equipment.
Overview
● It is concluded that the speed of technological developments
as well as the innovative and specific nature of ADAS
technology call for modifications in the legal framework in
order to keep a desired balance between governmental
safety concerns and unobstructed development of ADAS.
ADAS
● Advanced driver-assistance systems (ADAS), are systems to
help the driver in the driving process. When designed with a
safe human-machine interface, they should increase car
safety and more generally road safety.
● Advanced driver-assistance systems are systems developed
to automate, adapt and enhance vehicle systems for safety
and better driving. The automated system which is provided
by ADAS to the vehicle is proven to reduce road fatalities, by
minimizing the human error.
Non-Technical Issues
● The development of motorized vehicles has always been
determined by pre- specified safety requirements.

● There exists a large body of technical requirements that

motor vehicles have to satisfy to be allowed to be brought on
the market.

● In the context of ADAS it is important to realize that,

although it is often claimed that ADAS will significantly
enhance road safety by reducing the number and severity of
accidents, this optimism is only partly supported by empirical
evidence.
European Regulatory Schemes
● the field of vehicle requirements was dominated by national
rule making. As a result of this, mandatory vehicle standards
differed considerably from one European country to another.

● Obstacles to trade as they blocked the free movement of

vehicles.

● The main objective of international harmonization of vehicle

safety standards is the creation of open markets.
The European Union
● The aim of the EU erection in 1958: the creation of an open
market within Europe.

● Regulation at EU level is therefore strongly focused on

eliminating market barriers at state level and stimulating free
trade within Europe.

● A 1970 accepted directive indicates that a vehicle or

components, certified in one of the European states, cannot
be excluded from markets of other states unless there is
sufficient evidence that it would be seriously threatening
traffic safety.
The UN/ECE
● The other legislative body in the arena of European vehicle
safety standards setting is the World forum for harmonization
of vehicle regulation (WP29), formerly the Working Party on
the Construction of Vehicles, of the United Nations Economic
Committee for Europe (UN/ECE).
● An agreement was established to facilitate the adoption of
uniform conditions of approval.
● Until 1995, given the European focus of the Working Party,
the states involved are European states.
The UN/ECE
● Until 1995, given the European focus of the Working Party,
the states involved are European states.
● Canada and the USA did not because of their own national
systems of regulation of vehicle safety requirements.
● Different regulatory regimes in different global areas do not
match to this idea. Therefore, Europe, the USA and Japan
have invested in cooperation after 1995 to come to a
worldwide agreement on vehicle requirements.
ADAS safety regulations
● within the UN/ECE an annex to Regulation No. 13 (the
Braking Regulation), known as the Complex Electronics
Annex, has been drafted that, inter alia, requires
manufacturers to provide the conformity assessor with an
analysis of potential failures and their consequences and
shall provide the authorities with an explanation of the
design provisions built into the system so as to generate safe
operation under fault conditions.
● However, no ADAS-specific, well- defined safety standards
are in force, neither within the European Union, nor within
the UNECE.
ADAS safety regulations
● A published by the European Commission in 2000 with
regard to the safe and efficient in-car application of
information and communication technology in motor
vehicles.
● This (non-binding) document contains a “Statement of
Principles on human machine interface for in-vehicle
information and communication systems”.
Tension between free trade and ADAS-
safety
● The primary objective of harmonization of technical
requirements is realizing economic benefits through market
integration.
● Ultimate beneficiary in such a process will be the consumer.
● One of the major drawback is that this may lead to forum
shopping.
● Manufacturers may seek out those national Approval
Authorities who are willing to interpret existing standards in a
way that is most favourable in terms of the unobstructed
introduction of their products.
Tension between free trade and ADAS-
safety
● The above mentioned problem especially arises in relation to
new technology such as ADAS.
● It may be clear that, given the rapid development of ADAS
and the slow pace of rulemaking, questions of ‘type
approvability’ of these new technologies will increase.
● As a result, actual decision making in these matters will more
and more shift from the international regulatory bodies
towards national conformity assessors.
Tension between free trade and ADAS-
safety
● The complexity of ADAS calls for more design process
oriented quality standards (FMEA, etc.).
● A part of the solution for the problem can be found in the
strengthening of the information flows and cooperation
between type approval authorities as well as in additional
requirements for conformity assessors.
● Furthermore, especially within the stringent framework of the
European Directive 70/156EEC, national states should be
provided with more possibilities to take action when traffic
safety may he threatened.
Tension between innovation and safety
regulation
● In areas of innovative, rapidly developing technologies such
as ADAS there is always a tension between innovation and
safety regulation.
● Formal regulation is often criticized for being too slow and
too inflexible, obstructing technological developments.
● However, for public authorities and users, safety is a basic
requirement.
● The question is how to find a right balance between
innovation and safety.
Tension between innovation and safety
regulation
● First of all, it is important that the EC Directive 70/156/EEC
has included a procedure for a more flexible response to fast
technological developments, given the fact that formal
regulation takes a long period.
● This approval is initially restricted in validity to the Member
States’ own territory.
● At the same time, it shall send a request to tbe Commission
to be allowed to grant a type-approval in accordance with
Directive 70.156EEC.
Tension between innovation and safety
regulation
● Evidently, for such technologies as ADAS this committee-
procedure might play an important role.
● It prevents that current technical requirements will
unnecessary obstruct new technology from coming to the
market.
● On the other hand, this procedure is criticized for its lack of
democratic control.
● Furthermore the committee procedure approach may lead to
‘adhoc’ regulation.
Conclusions
● This is concluded that the current framework provides for
(some) necessary flexibility towards technological
developments.
● However, it is also concluded that the speed of technological
developments as well as the innovative and specific nature
of ADAS technology call for modifications to keep a right
balance between governmental concerns about safety and
unobstructed development of ADAS.
● First of all exchange of information and co-operation between
approval authorities should be improved.
Conclusions
● Secondly, ADAS specific expertise should be incorporated
into the CATP-procedure to guarantee scientifically sound
decision-making.
● Thirdly, more responsibility may be given to the industry and
standardisation organisations to agree on product safety
criteria in order to create more flexibility and raise industry
acceptance.
● However, this should take place within some regulatory
framework, for instance in line with the new approach.
● Furthermore, self- regulation should meet some basic
requirements in terms of transparent procedures and
adequate participation all relevant stakeholders including for