While promoting driverless cars, relevant departments are also improving the relevant legal norms for driverless cars.

Nowadays, with the rapid development of driverless cars, most people in China have reacted enthusiastically to the unmanned car boom. Many car companies have developed their own driverless car development plans.

Recently, Baidu Group President and COO Lu Qi officially announced in the United States that Baidu's driverless platform Apollo2.0 was officially opened. Apollo 2.0 enables automatic driving of simple urban roads, opening up security services for the first time, and further enhancing capabilities such as self-positioning, perception, planning decisions and cloud simulation.

While enterprises promote unmanned vehicles, relevant departments in China are also in the process of formulating systems to improve the relevant legal norms for driverless cars.

On December 18, 2017, the Beijing Municipal Communications Commission, in conjunction with the Beijing Municipal Public Security Traffic Management Bureau and the Beijing Municipal Economic Information Commission, issued and issued the “Guiding Opinions on the Work of Accelerating the Road Testing of Autonomous Vehicles in Beijing (Trial)” and “Beijing Municipality” Automated Vehicle Road Test Management Regulations (Trial), which regulates the actual road test for autonomous vehicles.
While promoting driverless cars, relevant departments are also improving the relevant legal norms for driverless cars.

Driverless car encounters legal gap

Recently, US Transportation Minister Zhao Xiaolan said that the Trump administration plans to introduce the revised driverless car guiding principle in the summer of 2018, which will adjust the restrictions on the legal level of driverless cars.

In fact, as early as September 2017, the United States had introduced the first auto-driving car bill in the United States to adjust the relevant regulatory authority involved in self-driving cars.

In order to speed up the development of China's relevant policies and regulations and catch up with the development of driverless cars, in March 2016, Li Yanhong, a member of the National Committee of the Chinese People's Political Consultative Conference, presented at the National Committee of the Chinese People's Political Consultative Conference "accelerating the formulation and improvement of policies and regulations related to driverless vehicles. Proposal for the commanding heights of industrial development.

Li Yanhong believes that at present, major developed countries have taken various measures to support enterprises in the development and testing of driverless vehicles, and actively explored the revision of relevant laws and regulations. However, most of the existing policies and regulations in China are not compatible with the development of unmanned vehicles.

In response to this problem, Li Yanhong suggested that China should revise and improve the laws and regulations related to driverless driving as soon as possible to provide institutional guarantee for the development, testing and commercial application of driverless vehicles. Promote the establishment and improvement of technical standards related to driverless cars. Actively organize pilot projects for driverless vehicle testing.

Li Shufu, a member of the National Committee of the Chinese People's Political Consultative Conference and chairman of the Geely Group, submitted a proposal for driverless driving at the National Committee of the Chinese People's Political Consultative Conference for two consecutive years.

In 2016, Li Shufu mentioned in the proposal that autonomous driving will become the development direction of the future automotive industry. Due to the need for a certain period of legislation or revision of laws and regulations, the consideration of autonomous driving legislation should be started as soon as possible. It is recommended to study and analyze the current laws and regulations in China, identify and proceed to modify the relevant provisions that hinder the development of autonomous driving.

In 2017, Li Shufu submitted a proposal for “precautionary open map accurate mapping and reducing barriers to the development of autonomous driving technology”. Li Shufu believes that in the field of unmanned driving, breaking the institutional barriers is the prerequisite for further development of technology.

In July 2017, Li Yanhong took a driverless car on the Beijing Fifth Ring. Sitting in the passenger seat, Li Yanhong smiled at the connection with Lu Qi at the Baidu AI Developer Conference. The five-ring car was very much, but the driverless car was running smoothly and "feel very good."

When Li Yanhong connected, he specifically emphasized that the car was in the state of automatic driving. The hands of Gu Weijun, the general manager of the Baidu Smart Car Division, sitting in the driver's seat, were not placed on the steering wheel, and the car was driving automatically.

After Li Yanhong’s video of the driverless car was broadcasted online, the Beijing traffic control department launched an investigation. It is said that current regulations do not allow drones to get on the road.

Subsequently, Li Yanhong received a ticket. China's Road Traffic Safety Law clearly stipulates that driving a motor vehicle should obtain a motor vehicle driving license according to law. In other words, the driver should be a natural person. According to this regulation, it is illegal to drive a driverless car on the road.

Determining the difficulty of establishing a liability for damages

Sun Yuanwei, executive director of the Asia-Pacific Law Institute and visiting professor at Peking University Law School, believes that the development of driverless cars is bound to experience the transitional phase between manned and unmanned, and how to determine the liability for damages in the case of human intervention. It is a major problem that legislation needs to face.

“It can be expected that at least during the transition between man and driverless, the manufacturer of the unmanned car will certainly claim to be caused by the human error of some kind of driver. But the problem is that the logical interpretation of artificial intelligence is Operational and human instinctual responses may not be consistent. Therefore, whether or not it is necessary to redefine the risk-taking in the existing no-fault liability insurance will inevitably become a major issue." Sun Yuanxi said.

Liu Junhai, a professor at Renmin University of China, believes that the current road traffic safety law is based on the driver's manual driving mode. The emergence of driverlessness raises many emerging legal issues, and the contradiction between traditional law and technological innovation is prominent. “Unmanned driving relies entirely on the software navigator to determine whether the car is turning, merging, and avoiding pedestrians. However, the technology cannot be perfect. Once the problem is navigated, there should be a situation that should be avoided, but the car cannot be identified. It is controversial not to take responsibility."

Chen Ming, vice president of Chongqing Boren Technology (Group) Co., Ltd. and associate professor of law school of Chongqing Technology and Business University, believes that the existing legal requirements for product liability and tort liability are relatively complete. “Autonomous driving can be divided according to the usage scenarios. The quality and safety defects in performance are product liability. It is a tort liability for any personal or property damage caused by unmanned driving."

Chen Ming said frankly that, despite the division of responsibility between driverless and manual hybrid driving, it will still be a major problem faced by unmanned car legislation. “Because the identification of hybrid driving requires not only the clarity of the law, but also the technical support.”

It is necessary to define the bottom line and not hinder innovation

Lu Feng, deputy director of the Internet Research Institute of the CCID Research Institute of the Ministry of Industry and Information Technology, believes that at present, it is necessary to formulate and revise relevant laws, regulations, rules and other related systems to regulate the development of self-driving cars. At the same time, the standardization of road traffic facilities construction will be promoted to better enable automatic vehicles to drive safely on the roads.

Zhang Zhuting, director of the law department of Beijing Traffic Management Cadre College, said that relevant departments have started relevant legislative preparations and are conducting research. "First of all, the law will not prohibit technological progress, but will instead try to guide the development of technology. But technology The development cannot prevent public safety, and the law must be circumvented in this regard."

In the view of Zhu Xi, deputy director of the Center for Communication Law at the China University of Political Science and Law, it seems that the development of new technologies should be encouraged. Safety supervision is of course important, but it is not appropriate to use the old system tough restrictions. This is a new field and needs to be used. Looking at new ideas and new attitudes, I hope that legislation can recognize driverless cars as soon as possible, and do not influence the development of new things because of legal lag.

“The legislation for driverless cars should follow the principles of facilitation, bottom linearity and complementation. It is necessary to make some linear requirements, such as the determination of liability for damages, insurance regulations, etc. At the same time, It can not hinder the innovation of technology. For example, in the aspects of map mapping, road testing, etc., without prejudice to national security, it is recommended to give appropriate relaxation," Zhu Xi said.

It is worth noting that Beijing has already opened the road test for unmanned driving, and the driverless car began to break the ice with the help of the policy.

Beijing has just introduced a new autopilot test, giving legal status to autopilot. According to the new regulations, an independent legal entity registered in China may apply for self-driving vehicles to temporarily drive on the road. Auto-driving vehicles must have both automatic and manual driving modes. During the road test, the vehicle is in a “driver-driven” state, and the driver should be in emergency treatment in special or emergency situations. After the road is on, the test unit must purchase traffic accident liability insurance or compensation guarantee. Traffic accidents in self-driving vehicles are disposed of in accordance with current regulations.

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