Automated Highway Systems (AHS) is a long-term, futuristic concept for automatically controlling vehicles in special highway lanes to increase capacity and safety. In the AHS environment, vehicles will be guided on a high-speed corridor by a complex combination of roadway and communication device, rather than by the driver, to maximise system efficiency. The National Automated Highway System Consortium, comprising a group of industries, consultants, and universities, was established by the U.S. Department of Transportation in 1994 to test the feasibility of AHS in the United States. While much of the technological basis for the design of AHS is in place, little research is reported in the literature to establish the legal framework within such a system might operate. The purpose of this article is to make a preliminary assessment of the legal implications of AHS and to suggest possible means to overcome legal barriers that might impede AHS deployment in the United States. This article addresses issues associated with AHS use. It examines federal government and tort liability, sovereign immunity, products versus services, and standards and protocols. Based on a comprehensive review of federal laws and sovereign immunity issues, conclusions and recommendations are presented. (A)
Samenvatting