BS PD ISO TR 17427-8-2015 Intelligent transport systems Cooperative ITS Liability aspects《智能运输系统 协作ITS 责任方面》.pdf

1、BSI Standards Publication Intelligent transport systems Cooperative ITS Part 8: Liability aspects PD ISO/TR 17427-8:2015National foreword This Published Document is the UK implementation of ISO/TR 17427- 8:2015. The UK participation in its preparation was entrusted to Technical Committee EPL/278, In

2、telligent transport systems. A list of organizations represented on this committee can be obtained on request to its secretary. This publication does not purport to include all the necessary provisions of a contract. Users are responsible for its correct application. The British Standards Institutio

3、n 2015. Published by BSI Standards Limited 2015 ISBN 978 0 580 87425 3 ICS 03.220.01; 35.240.60 Compliance with a British Standard cannot confer immunity from legal obligations. This Published Document was published under the authority of the Standards Policy and Strategy Committee on 30 November 20

4、15. Amendments/corrigenda issued since publication Date Text affected PUBLISHED DOCUMENT PD ISO/TR 17427-8:2015 ISO 2015 Intelligent transport systems Cooperative ITS Part 8: Liability aspects Systmes intelligents de transport Systmes intelligents de transport coopratifs Partie 8: Aspects relatifs l

5、a responsabilit TECHNICAL REPORT ISO/TR 17427-8 Reference number ISO/TR 17427-8:2015(E) First edition 2015-11-01 PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E)ii ISO 2015 All rights reserved COPYRIGHT PROTECTED DOCUMENT ISO 2015, Published in Switzerland All rights reserved. Unless otherwise specifie

6、d, no part of this publication may be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting on the internet or an intranet, without prior written permission. Permission can be requested from either ISO at the address below or ISOs

7、member body in the country of the requester. ISO copyright office Ch. de Blandonnet 8 CP 401 CH-1214 Vernier, Geneva, Switzerland Tel. +41 22 749 01 11 Fax +41 22 749 09 47 copyrightiso.org www.iso.org PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E)Foreword v Introduction vii 1 Scope . 1 2 T erms and

8、definitions . 1 3 Abbreviations and acronyms . 2 4 How to use this Technical Report 3 4.1 Acknowledgement . 3 4.2 Guidance . 3 4.3 C-ITS Liability aspects 3 5 What are the key liability issues 5 5.1 Effects of different types of C-ITS applications technology risk . 5 5.2 Crash causation 6 5.3 Types

9、of parties in C-ITS . 7 5.4 Human factors . 8 5.5 What is the standard of safety expected? . 8 6 Legal Status 8 6.1 Regional and National variations 8 6.1.1 General 8 6.1.2 Europe . 9 6.1.3 USA . 9 6.1.4 Australia .10 6.1.5 China 10 6.1.6 Japan 10 6.1.7 Other Countries 10 6.2 Driver remains in charg

10、e .10 6.3 Tort .11 6.3.1 General issues regarding tort 11 6.3.2 Consequences of breach of duty .12 6.3.3 Contract law 13 6.4 Product liability .13 6.5 Compulsory third party systems 13 7 Policy questions and options 14 7.1 General 14 7.2 Option 1: Continue current approach 14 7.3 Option 2: Enact spe

11、cific C-ITS liability laws to clarify issues .14 7.4 Option 3: Non-legislative approaches 14 7.5 Option 4: Information and education campaigns 15 8 C-ITS Actors and Liability .15 8.1 C-ITS and jurisdictions 15 8.2 C-ITS and road operators/managers 15 8.3 C-ITS and manufacturers 16 8.4 C-ITS informat

12、ion/application service providers .16 8.5 C-ITS and drivers 16 9 Summary of findings17 9.1 General 17 9.2 Explicit regulation by jurisdictions 17 9.3 Opt-in to service provision 18 9.4 Advisory systems Driver remains in charge 18 9.5 Interventionist systems 18 9.6 Service providers need to make user

13、s aware and limit risks through opt-in conditions of use.18 ISO 2015 All rights reserved iii Contents Page PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E)9.7 Manufacturers need to test thoroughly and have explicit conditions of use 18 9.8 Need for audit trail .18 9.9 Minimize the points of opportunity

14、 of failure .18 9.10 Advise driver of status of systems .18 9.11 Human factor considerations will be critical .18 9.12 Road managers need to assess and manage risk implications .19 9.13 Expectations will change .19 9.14 Clear guidance and regulation required 19 9.15 Driver training 19 Bibliography .

15、20 iv ISO 2015 All rights reserved PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E) Foreword ISO (the International Organization for Standardization) is a worldwide federation of national standards bodies (ISO member bodies). The work of preparing International Standards is normally carried out through

16、 ISO technical committees. Each member body interested in a subject for which a technical committee has been established has the right to be represented on that committee. International organizations, governmental and non-governmental, in liaison with ISO, also take part in the work. ISO collaborate

17、s closely with the International Electrotechnical Commission (IEC) on all matters of electrotechnical standardization. The procedures used to develop this document and those intended for its further maintenance are described in the ISO/IEC Directives, Part 1. In particular the different approval cri

18、teria needed for the different types of ISO documents should be noted. This document was drafted in accordance with the editorial rules of the ISO/IEC Directives, Part 2 (see www.iso.org/directives). Attention is drawn to the possibility that some of the elements of this document may be the subject

19、of patent rights. ISO shall not be held responsible for identifying any or all such patent rights. Details of any patent rights identified during the development of the document will be in the Introduction and/or on the ISO list of patent declarations received (see www.iso.org/patents). Any trade na

20、me used in this document is information given for the convenience of users and does not constitute an endorsement. For an explanation on the meaning of ISO specific terms and expressions related to conformity assessment, as well as information about ISOs adherence to the WTO principles in the Techni

21、cal Barriers to Trade (TBT) see the following URL: Foreword - Supplementary information The committee responsible for this document is ISO/TC 204, Intelligent transport systems. ISO 17427 consists of the following parts, under the general title Intelligent transport systems Cooperative ITS: Part 2:

22、Framework Overview Technical Report Part 3: Concept of operations (ConOps) for core systems Technical Report Part 4: Minimum system requirements and behaviour for core systems Technical Report Part 6: Core system risk assessment methodology Technical Report Part 7: Privacy aspects Technical Report P

23、art 8: Liability aspects Technical Report Part 9: Compliance and enforcement aspects Technical Report Part 10: Driver distraction and information display Technical Report The following parts are under preparation: Part 1: Roles and responsibilities in the context of co-operative ITS architecture(s)

24、Part 5: Common approaches to security Technical Report Part 11: Compliance and enforcement aspects Technical Report Part 12: Release processes Technical Report Part 13: Use case test cases Technical Report Part 14: Maintenance requirements and processes Technical Report ISO 2015 All rights reserved

25、v PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E) Further technical reports in this series are expected to follow. Please also note that these TRs are expected to be updated from time to time as the C-ITS evolves.vi ISO 2015 All rights reserved PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E) Introductio

26、n Intelligent transport systems (ITS) are transport systems in which advanced information, communication, sensor and control technologies, including the Internet, are applied to increase safety, sustainability, efficiency, and comfort. A distinguishing feature of ITS are its communication with outsi

27、de entities. Some ITS systems operate autonomously, for example adaptive cruise control uses radar/lidar/and/or video to characterize the behaviour of the vehicle in front and adjust its vehicle speed accordingly. Some ITS systems are informative, for example Variable Message Signs at the roadside,

28、or transmitted into the vehicle, provide information and advice to the driver. Some ITS systems are semi-autonomous, in that they are largely autonomous, but rely on static or broadcast data, for example, GNSS based SatNav systems operate autonomously within a vehicle but are dependent on receiving

29、data broadcast from satellites in order to calculate the location of the vehicle. Cooperative Intelligent transport systems (C-ITS) are a group of ITS technologies where service provision is enabled by, or enhanced by, the use of live, present situation related, dynamic data/information from other e

30、ntities of similar functionality (for example from one vehicle to other vehicle(s), and/or between different elements of the transport network, including vehicles and infrastructure (for example from the vehicle to an infrastructure managed system or from an infrastructure managed system to vehicle(

31、s). Effectively, these systems allow vehicles to talk to each other and to the infrastructure. These systems have significant potential to improve the transport network. A distinguishing feature of C-ITS is that data is used across application/service boundaries. It is important to understand that C

32、-ITS is not an end in itself, but a combination of techniques, protocols, systems and sub-systems to enable cooperative /collaborative service provision, but as these aspects of transport technology advance, the issue of who is liable in the event of a crash will likely become more complex. The ques

33、tion of how liability will be resolved in the event of C-ITS system failure will be important in providing certainty to drivers, manufacturers, insurers and road managers. It may be that, rather than technical difficulties, uncertainty regarding liability issues could prove the largest deterrent to

34、investment in C-ITS service provision. C-ITS applications will need adequate audit trails in order to trace causation. The so called “human factors” will need to be carefully considered and taken into consideration. This means that manufacturers and services providers of C-ITS technology need to car

35、efully consider the safety risks of their systems and qualify their risk carefully, and road network managers will need to assess the risk implications of providing infrastructure-based C-ITS solutions. We are also in a situation where expectations of system performance and liability implications ar

36、e likely to change as C-ITS applications move from being advisory systems to overriding driver actions, and the liability issues are different between these types of system. The purpose of this Technical Report is to identify potential critical liability issues that C-ITS service provision may intro

37、duce; to consider how to control, limit or mitigate such liability issues, and to limit the risk of exposure to the financial consequences of liability issues. This Technical Report is a living document and as our experience with C-ITS develops, it is intended that it will be updated from time to ti

38、me, as and when we see opportunities to improve this Technical Report. ISO 2015 All rights reserved vii PD ISO/TR 17427-8:2015 Intelligent transport systems Cooperative ITS Part 8: Liability aspects 1 Scope The scope of this Technical Report is an informative document to identify potential critical

39、liability issues that C-ITS service provision may introduce; to consider strategies for how to control, limit or mitigate such liability issues; and to give pointers, where appropriate, to standards deliverables existing that provide specifications for all or some of these aspects, and to limit the

40、risk of exposure to the financial consequences of liability issues. The objective of this Technical Report is to raise awareness of and consideration of such issues. This Technical Report does not provide specifications for solutions of these issues. 2 T erms a nd definiti ons 2.1 application app so

41、ftware application 2.2 application service service provided by a service provider accessing data from the IVS, in the case of C-ITS (2.3), via a wireless communications network, or provided on-board the vehicle as the result of software (and potentially also hardware and firmware) installed by a ser

42、vice provider or to a service providers instruction 2.3 cooperative ITS C-ITS group of ITS technologies where service provision is enabled, or enhanced by, the use of live, present situation related, data/information from other entities of similar functionality, for example, from one vehicle to othe

43、r vehicle(s), and/or between different elements of the transport network, including vehicles and infrastructure, for example, from the vehicle to an infrastructure managed system or from an infrastructure managed system to vehicle(s) 2.4 core system combination of enabling technologies and services

44、that will provide the foundation for the support of a distributed, diverse set of applications (2.1), and application transactions which work in conjunction with External Support Systems such as Certificate Authorities Note 1 to entry: The system boundary for the core system is not defined in terms

45、of devices or agencies or vendors, but by the open, standardized interface specifications that govern the behaviour of all interactions between core system users. 2.5 global navigation satellite system GNSS comprises several networks of satellites that transmit radio signals containing time and dist

46、ance data that can be picked up by a receiver, allowing the user to identify the location of its receiver anywhere around the globe TECHNICAL REPORT ISO/TR 17427-8:2015(E) ISO 2015 All rights reserved 1 PD ISO/TR 17427-8:2015 ISO/TR 17427-8:2015(E) 2.6 in-vehicle system IVS hardware, firmware and so

47、ftware on board a vehicle that provides a platform to support C-ITS (2.3) service provision, including that of the ITS-station (2.8) (ISO 21217), the facilities layer, data pantry and on-board apps 2.7 intelligent transport systems ITS transport systems in which advanced information, communication,

48、sensor and control technologies, including the Internet, are applied to increase safety, sustainability, efficiency, and comfort 2.8 ITS-station entity in a communication network comprised of application (2.1), facilities, networking and access layer components that is capable of executing ITS-S app

49、lication processes, comprised of an ITS-S facilities layer, ITS-S networking & transport layer, ITS-S access layer, ITS-S management entity and ITS-S security entity, which adheres to a minimum set of security principles and procedures so as to establish a level of trust between itself and other similar ITS-stations with which it communicates 3 Abbreviations and acronyms ABS anti-lock braking system ACC adaptive cruise contr