The different rules in civil, administrative and criminal law which aim to protect life, health and property of testing staff and traffic participants are critical to the design of user needs trials. The admission procedure of testing vehicles to public rules is fairly standardized, both in Germany and in Italy, and does not pose serious legal problems as long as the general safety requirements for the vehicles are met. The civil responsibility of the testing staff for any accidents on public roads as well as on private test tracks is governed by contract, tort law and by rules of strict liability for the car owners. It is an open question however whether the product liability laws of both countries apply to manufacturers who conduct tests on public roads. In this paper the authors consider the effects on vehicle testing of new developments in driver assistance systems, and particularly the interaction between the driver and these systems when human intervention is necessary.
Abstract