Article
Open Access
Roadside enforcement powers and automated vehicles in the European Union
1 Charles Darwin University, Darwin, Australia
2 Queensland University of Technology, Brisbane, Australia
Abstract

This article reports on a study of the adaptability of European Union (EU) roadside enforcement powers to automated vehicles (AVs). It identifies technological obsolescence within EU laws where there are powers to stop vehicles being directed to the ‘driver’, ‘road users’ or ‘traffic participant’ all of which are assumed to be a ‘human’ controlling a vehicle. This is problematic in an automated transport future where automated driving systems (ADS) will increasingly be in control of the dynamic driving tasks. This article concludes that instead of ‘human-centric’ roadside enforcement powers, lawmakers should move to a ‘vehicle-centric’ focus, where the vehicle (irrespective of who, or what, is driving) should be the addressee of the legal power and provides examples of reform directions.

Keywords

automated vehicles; roadside enforcement powers; European Union; driver; Vienna Convention on Road Traffic; technological neutrality; automated vehicle act (2024) (UK)

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