A Study on the Product Liability of V2V-equipped Vehicles

• Main Authors: Juang, Ho-Yuan, 莊賀元
• Other Authors: Peng, Shin-Yi
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/nw438s

碩士 === 國立清華大學 === 科技法律研究所 === 106 === 　　　Under the wave of the Internet of Things(hereinafter "IoT"), objects with independent functions are interconnected via various communication means such as the Internet and wireless transmission. In the context of traffic reformation and application, internet of vehicles(hereinafter "IoV) appears. IoV effectively identifies all the identities, static and dynamic information of vehicles, pedestrians and road infrastructures in the network, and integrates the information into the back-end platform for intelligent management and service. IoV mainly provides the function of vehicles to vehicles, vehicles to roads, vehicles to people which collectively referred to as V2X communication. It achieves communication and touring between vehicle’s networks and others’. Through information sharing, the advantage is evident that it could provide aids to the drivers and ensure safety by providing forward collision warning or blind spot warning, and even forecasting the impending danger In the trend of international development, the United States enacted regulations which forced new cars to be installed V2V communication devices. It will accelerate the development of technologies, promote the industry's kinetic energy, facilitate the formation of a smart transportation of environment, bring business opportunities and hasten the coming of the era of automatic vehicles. 　　　However, one of the legal issue we have to inevitably face is product liability of V2V communication system. Product liability consists of contract law and tort law. Both the Civil Code of the Republic of China and the Consumer Protection Act of the Republic of China (hereinafter "the Consumer Protection Act") have related provisions for product liability accordingly. Article 7 section (1) of the Consumer Protection Act is the more important one. It must be mentioned that it’s been decades since the law was amended on the part of product liability last time. Thus it is necessary to reconsider whether the law can correspond to the impact of V2V communications technology. Therefore, on the basis of the particularity of V2V product liability, this article re-examines the value between "the protection of people's rights and interests" and "the encouragement of entrepreneurs' innovations" to seek the new role that product liability plays in the new technology. Lastly, although the vehicles equipped with the V2V communication system still need driver to steer directions, control acceleration or deceleration, and respond to emergencies, the purpose of developing V2V communication technology is to create a suitable environment for automatic driving vehicles. In the future, besides to knowing surroundings around the vehicle through detecting system, the V2V system can also be used to provide a zero-risk driving environment by monitoring the wider area around the vehicle or the traffic conditions that can not be detected by the shelter through V2V communication. At last, I hope this article will inspire others when facing the complex legal issue of liability deriving from automatic car accident by discussing V2V communication vehicle.