LIABILITY FOR DAMAGES ARISING FROM PERSONAL AUTONOMOUS VEHICLES

Abstract

This thesis aims to 1) Study on the knowledge related to a self-driving car, a concept on supervising car-trading business, a civil liability of manufacturer and distributor of self-driving car, 2) Study the legislative measure of foreign country to supervise the operation of personal self-driving car business, 3) Study on legal problems to supervise the operation of personal self-driving car business in Thailand, 4) Study on the probability in an enactment to supervise the operation of personal self-driving car business.

This thesis is a qualitative research which in this study, we researched and analyzed on textbooks, articles, researches, judgments including a legislation both Thai and international related to the supervision of personal self-driving car business, i.e., Vehicle Act B.E. 2522, Land Transport Act B.E.2522, Liability for Damage Arising from Unsafe Products Act B.E. 2551, etc., and also a measure supervising on the operation of personal self-driving car business in foreign countries which are USA, Germany, and Singapore.

The result of the study shows that 1) The Vehicle Act B.E. 2522 has not been yet standardized appropriate to the self-driving car, that is to say, it has not been specified on the essential components of self-driving cars such as receiver, GPS, Lidar, etc. 2) The legal provision no. 437, paragraph 1, the civil and commercial code does not provide the right to recourse and there is no legal opinion showing that a person who is assumed on liability, has the right to recourse causing that person not being able to recourse against the vehicle manufacturing company which causes an injustice to the car driver who uses the self-driving technology, 3) The ambiguity in the definition of “Goods” in the Liability for Damage Arising from Unsafe Products Act B.E. 2551 causes an inability of protecting outsider who receives damages from the vehicle using self-driving technology, 4) There should be an additional amendment of the Vehicle Act B.E. 2522, the legal provision no.437, the civil and commercial code and the Liability for Damage Arising from Unsafe Products Act B.E. 2551.