자동주행 기능의 고도화와 자율주행 시대를 대비하는 독일의 법제도 정비현황 및 시사점

Abstract

Humans dream of the evolution of automated cars to the point where driving a car requires no human effort at all. However, this evolution will lead to “automated driving,” which is an automated system that partially assists the driver in driving. Ultimately, we will reach the stage of “autonomous driving”, where the vehicle is able to react to all road conditions and unexpected situations while still reaching its destination. In “autonomous driving”, the vehicle drives itself, the occupants are just passengers, and there is no longer a need for a human driver. An “automated driving system” is a driving technology system that reduces human intervention by predetermining the key judgment criteria and sub-process-related behaviors required for vehicle driving and implementing them as a system. But An “autonomous driving system” is a car that recognizes its surroundings, judges the driving situation, controls the vehicle, and drives itself to a given destination without human intervention. In recent years, Germany has established a Act for the commercialization of vehicles with “automated driving systems” and “autonomous driving systems.” This Act defines among other things, the concepts of ‘automated driving systems’ and ‘autonomous driving systems’ in Germany. Based on this, the revised Road Traffic Act (Strasenverkehrsgesetz: StVG) clarifies the duties and responsibilities related to automated and autonomous vehicles. The ‘Vienna Convention on Road Traffic 1968’ was based on the premise that human drivers were necessary, so Germany had to amend the 1968 Vienna Convention on Road Traffic before amending its road traffic law. The German ‘Road Traffic Act 2017’ is based on the premise of autonomous vehicles. The German ‘Road Traffic Act 2021’ is based on “the premise of fully automated (Vollautomatisiertes Fahren)” and “autonomous (Autonomes Fahren)” vehicles.