The Legal Nature of the Operator’s Liability in Law No. 9 Of 2023 Regulating The Operation of Self-Driving Vehicles in the Emirate of Dubai
DOI:
https://doi.org/10.35246/vakpt478Keywords:
Autonomous Vehicles, Operator, Legal Liability, Artificial IntelligenceAbstract
Recent developments in self-driving vehicles have become one of the most important issues that must be researched, especially with regard to civil liability arising from accidents involving these vehicles. With the issuance of Law No. 9 of 2023 regarding the regulation of the operation of self-driving vehicles in the Emirate of Dubai, as it is the first law to regulate this activity in the Arab world, it is a new activity in our contemporary reality which is extremely complex due to the intertwining of the relationships of the parties influencing its subject, so the law required studies to clarify the aims of its regulation and provisions in a way that reveals the approach followed by its legislator. It has become necessary to search within the details of this law for several issues, the most important of which is the civil liability arising from accidents of these vehicles, analyzing and criticizing them to determine their legal nature, since the law did not allocate more than one article which is Article 14, to the judgement of civil liability, in addition to searching for the nature of the operator of self-driving vehicles. The research followed the descriptive approach within the limits of defining self-driving vehicles, the analytical approach within the limits of defining the nature of the operator, and the critical approach in revealing the operator's responsibility in the law of operating self-driving vehicles, in three sections, and in the conclusion, it reached several results and recommendations, the most important of which was the issuance of an executive regulation for Law No. (9) of 2023 regarding the regulation of operating self-driving vehicles in the Emirate of Dubai, detailing its provisions and implementation.
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References
i. Fraedrich, E., & Lenz, B. (2016). Societal and individual acceptance of autonomous driving. Autonomes fahren, Springer, 191–204.
ii. GOLDMAN, B. (1946). De La Determaination du gardien, responsible du faite des choses inanimees. Lyon.
iii. Hubbard. (2015). Sophisticated robots: Balancing liability, regulation, and innovation. Fla. L. Rev., 66, 18–27.
iv. Nevada Revised Statutes (NRS) 482A.030. “Autonomous vehicle” means a motor vehicle that is equipped with an automated driving system which is designed to function at a level of driving automation of level 3, 4 or 5 pursuant to SAE J3016. The term includes a fully autonomous vehicle. (Added to NRS by 2011, 2876; A 2013, 2010; 2017, 4466
I. References in Arabic
A. General References
I. Abd al-Baset, Muhammad Fouad. 2003. Retreat of Fault as a Basis for Liability of the Public Medical Facility: Recent Trends of the French Council of State. Alexandria: Mansha’at al-Ma’arif.
II. Abd al-Raouf, Ahmad Muhammad Ali. 2021. Strict Liability as an Alternative to Fault in Civil Liability: A Comparative Study. Cairo: Center for Arab Studies for Publishing and Distribution.
III. Abd al-Wahab, Ali Hadi. 2019. Non-Voluntary Sources of Obligation. Amman: Dar al-Afaq al-Mushriqa.
IV. Al-Ahwani, Hussam al-Din Kamil. 1998. The General Theory of Obligation: Sources of Obligation—Non-Voluntary Sources. Cairo: Dar al-Nahda al-‘Arabiyya.
V. Al-Badawi, Ibtisam Ali. 2018. “Mandatory Insurance Provisions from Civil Liability: A Comparative Study.” PhD diss., Dubai Police Academy.
VI. Al-Danasouri, Izz al-Din, and Abdul-Hamid al-Shawaribi. 2002. Civil Liability in Light of Jurisprudence and Judiciary. 7th ed. Alexandria: Al-Maktab al-Jami‘i al-Hadith.
VII. Al-Jubouri, Yasin Muhammad. 2011. A Brief Explanation of Civil Law. 2nd ed. Amman: Dar al-Thaqafa wa-al-Tawzi‘.
VIII. Al-Mahdi, Muataz Nazih Muhammad al-Sadiq. 2009. The Professional Contractor: Concept, Obligations, and Liability—A Comparative Study. Cairo: Dar al-Nahda al-‘Arabiyya.
IX. Al-Rahw, Muhammad Said Ahmad. 2001. The Concept of Custody in Civil Liability for Inanimate Things. PhD diss., University of Baghdad; Amman: Dar al-Thaqafa for Publishing and Distribution.
X. Al-Sanhouri, Abdul-Razzak Ahmad. 2021. Al-Waseet in Explanation of Civil Law. Revised by Ahmad Medhat al-Maraghi. Cairo: Dar Misr for Publishing and Distribution.
XI. Al-Shihabi, Ibrahim al-Sharqawi. 2011. Non-Administrative Sources of Obligation in Civil Transactions Law. Amman: Al-Afaq al-Mushriqa Publishers.
XII. Badr, Osama Ahmad. 2004. The Concept of Custody in Civil Liability: A Comparative Study. Cairo: Dar al-Nahda.
XIII. Dreid, Mahmoud Ali. 2012. The General Theory of Obligation. Beirut: Al-Halabi Publications.
XIV. Markis, Suleiman. 1971. Civil Liability in Technologies of Arab Countries. Cairo: Research Institute, League of Arab States.
XV. Mustafa, Jamal. 1996. Civil Law in Its Islamic Garb: Sources of Obligation. Alexandria: Al-Fath for Printing and Publishing.
XVI. Said, Nabil Ibrahim. 2009. The General Theory of Obligation: Sources of Obligation. Cairo: Dar al-Jamia al-Haditha.
XVII. Shinnab, Muhammad Lubayb. 1997. Summary in the Theory of Bearing Liability. 3rd ed. Cairo: Dar al-Nahda al-‘Arabiyya.
XVIII. Siddeh, Abdel-Moneim Farag. 1982. Custody and Causation in Liability for Things. Cairo: Wahba Library.
XIX. Sultan, Anwar. 2005. A Brief in the General Theory of Obligation. Alexandria: Dar al-Jamia al-Jadida for Publishing.
XX. Zahra, Muhammad al-Mursi. 2001. Non-Voluntary Sources of Obligation. Al Ain: University of the Emirates Press.
XXI. Zaki, Mahmoud Jamal al-Din. 1987. Brief in the General Theory of Obligations. 3rd ed. Cairo: Dar University of Cairo.
B. Specialized References
I. Al-Buqli, Ayman Mustafa Ahmad, and Tariq Juma al-Sayyid Rashid. 2023. “Toward a Legal System for Civil Liability Arising from Autonomous Vehicle Accidents: Basis of Liability and Insurance.” Journal of Jurisprudential and Legal Research (41): 829.
II. Al-Lughani, Muna Ali Muhammad. 2023. “Impact of Cybersecurity on Autonomous Vehicles.” Paper presented at the 9th International Scientific Conference: Artificial Intelligence and Quality of Life in Educational and Psychological Sciences, October 2023.
III. Al-Soudi al-Dar‘i, Hamid Ahmad. 2019. Civil Liability for Autonomous Vehicle Accidents: A Comparative Study. Master’s thesis, United Arab Emirates University.
IV. Ibrahim, Hafiz Jaafar. 2020. “Autonomous Vehicles: Regulatory Issues and Civil Liability Focusing on Some Leading Laws.” Kuwait International College of Law Journal 8, no. 31: 518.
V. Malieh, Pierre. 2023. “Civil Liability Arising from Actions of Autonomous Vehicles.” University of Sharjah Journal of Legal Sciences 20, no. 4.
VI. Matran, Mishal. 2018. Self-Driving Vehicles: Legal and Technical Challenges. Beirut: Distribution and Publishing House.
C. Theses and Dissertations
I. Abd al-Wahab, Abdul-Wahab Muhammad. 1994. Liability for Damages Resulting from Environmental Pollution. Unpublished PhD diss., Faculty of Law, University of Cairo.
D. Laws and Regulations
II. UAE Cabinet Council. 2019. “UAE Grants Temporary License to Test Autonomous Vehicles.” Press release, Abu Dhabi.
III. United Arab Emirates. 2018. Federal Decree-Law No. 25 of 2018 on Projects of Future Nature. Federal Official Gazette, Issue 638 (October 7, 2018).
E. Court Decisions
I. Court of Appeal, Emirate of Dubai. 2019. “Case No. 1196/2019 C, Commercial Judgments.” Session of December 15, 2019.
II. Court of Cassation, Emirate of Dubai. 2023. “Case No. 21/2023 C, Civil Judgments (Civil Appeal).” Session of May 16, 2023.
III. Federal Supreme Court of the UAE. 2007. “Case No. 106/28 C, Civil and Commercial Judgments, Civil Chamber.” Session of June 19, 2007. Technical Office 29.
II. References in English :
I. Fraedrich, Eva, and Bernhard Lenz. 2016. “Societal and Individual Acceptance of Autonomous Driving.” In Autonomes fahren, 191–204. Berlin: Springer.
II. Goldman, Bernard. 1946. “De La Détermination du Gardien, Responsable du Fait des Choses Inanimées.” Lyon: [publisher not listed].
III. Hubbard, John. 2015. “Sophisticated Robots: Balancing Liability, Regulation, and Innovation.” Florida Law Review 66: 18–27.
IV. Nevada Revised Statutes (NRS) § 482A.030. 2011. “‘Autonomous vehicle’ means a motor vehicle that is equipped with an automated driving system which is designed to function at a level of driving automation of level 3, 4, or 5 pursuant to SAE J3016. The term includes a fully autonomous vehicle.” Added to NRS by 2011, 2876; amended 2013, 2010; 2017, 4466.
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