She demanded special legislation regulating her licensing

An Emirati study recommends a “black box” in self-driving vehicles

• The study explored the prospects for the use of self-driving vehicles.

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• Abdullah Al Nuaimi: "The study comes in light of the growing use of self-driving vehicles in the UAE society."

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A recent study recommended the issuance of special legislation within the Federal Traffic and Traffic Law, regulating and addressing the provisions of self-driving vehicles, coinciding with the great boom in the UAE in the fields of artificial intelligence, especially the possibility of driving these vehicles for groups that cannot drive traditional vehicles as a result of injuries to the feet or hands or of people of determination.

The study, titled “Criminal Liability for Autonomous Vehicle Accidents in the UAE Legislation”, was conducted by Abdullah Ali Al-Qirtasy Al-Nuaimi, a legal researcher in the International Cooperation Department at the Ministry of Justice, according to which he recently obtained a master’s degree with distinction with honors from Zayed University, To several proposals and recommendations regarding the legislative regulation of the licensing of these vehicles.

The study found solutions to avoid the problem of determining who is responsible for the accidents of these vehicles, as it suggested that the manufacturers of self-driving vehicles develop technical means (black box) that help to know the causes of the defect when an accident occurs, and whether the accident was due to technical errors in the vehicle itself, and then The manufacturer is criminally responsible, or the accident was due to the intervention of the vehicle operator (the owner or the renter), such as entering wrong data or tampering with the programming system, which contributes to identifying the causes of the accident, without resorting to the assignment of a technical expert to uncover the circumstances and causes of the accident.

Researcher Abdullah Al-Nuaimi told "Emirates Today" that the use of self-driving vehicles imposed a new reality, which necessitated the intervention of the legal side to regulate this situation, since the law, as a social science, seeks to regulate every development that occurs in society in a way that achieves happiness.

He added that the study dealt with the issue of criminal liability for self-driving vehicle accidents, adding that due to the legislative vacuum that regulates this responsibility, the study sought to address many problems.

Al Nuaimi stated that one of the most important recommendations that the study concluded is the necessity of the UAE legislator looking into the traffic law, and working on issuing legislation for these vehicles, or at least adding a complete chapter within the traffic and traffic law, for an effective and effective legal organization that ensures addressing all the problems created by the revolution. Use of artificial intelligence vehicles.

The study recommended the UAE judiciary to address the accidents of self-driving vehicles caused by programming defects, and then to establish the criminal responsibility of the manufacturers as a legal person for the accident, without the vehicle owner bearing the responsibility who does not have the ability to control the internal components of the self-driving vehicle.

The researcher pointed out that this study comes in light of the growing use of self-driving vehicles in the UAE society, which has resulted in new criminal problems, especially with regard to determining the criminal responsibility arising from the use of these vehicles, is it the responsibility of a natural person or the responsibility of a legal person.

He pointed out that he sought, through the study, to explore the prospects for the use of these vehicles and to find legislative solutions to the expected accidents, as there is no legal regulation in the UAE criminal legislation that addresses the problems raised by this responsibility, and the provisions related to it, since self-driving cars are a new scientific invention. It may be met with suspicion and suspicion at first, but if the legislator intervened and gave it a kind of organization through the enactment of new legislation that determines the basis of criminal responsibility for accidents of these vehicles, their components, and cases of exemption from this responsibility, this will be reflected positively on this technical progress.

He stated that the study aims to know the extent to which the provisions of criminal responsibility contained in the Federal Penal Code apply to address the resulting accidents caused by self-driving vehicles, and whether there is a need for new special legislation that addresses and regulates the provisions of this responsibility, especially since the self-driving vehicle runs without interference. human, and therefore it is difficult to determine criminally responsible for the effects resulting from these compounds. Hence, the main question that this study attempts to answer is the adequacy and efficiency of the traditional criminal liability rules and provisions contained in the Federal Penal Code to apply them to the criminal liability of these vehicles.

The study concluded that the rules of criminal responsibility contained in the Penal Code are insufficient to apply them to the criminal liability resulting from accidents of self-driving vehicles, and the resulting legal problems in practice, especially with regard to the relationship between the vehicle and its driver, which is unjustified with what it witnesses. The UAE has witnessed a great legislative leap in all fields.

He pointed out that the penalty for the fine contained in Article (71) of the Federal Penal Code, which can be applied to a legal person, in which the legislator set the minimum and maximum limits for the fine, is no longer in line with the reality of the situation, and does not achieve deterrence in such crimes - even if they Restricted not to stipulate otherwise - because there is a disproportion between the limits of the fine compared to what is stated in special laws such as the Law on Combating Information Technology Crimes.

• A researcher at the Ministry of Justice obtained a master's degree in the study of “criminal responsibility”.

Suggested legal articles

The study suggested that the proposed law include articles and provisions that include:

■ Requirements for licensing a self-driving vehicle, including submitting a certificate stating the safety of the vehicle's technical components, as well as having a driver qualified to drive it, as decided by the technical committee for issuing licenses.

■ Manufacturers have a duty to notify management of every vehicle owner who fails to present it to the company for periodic maintenance.

■ Determining a penalty for each user of a self-driving vehicle, if the accident occurred as a result of his negligence or failure to follow the instructions attached to the vehicle.

■ Determining a penalty for anyone who, through his fault or negligence, caused an accident that led to the death of a person, his disability or the destruction of his property, with the penalties prescribed for the same crimes in Law No. (21) of 1995 regarding traffic and traffic, as amended by Federal Law No. (12) of 2007 .

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