Driving into Saudi Arabia’s autonomous vehicle future
Saudi Arabia Focus
Autonomous vehicles are poised to transform transportation. But despite their advanced technology, human involvement remains crucial in their development and operation, underpinning the myriad legal and regulatory challenges that lie ahead.
Law Update: Issue 367 - Saudi Arabia & Competition Focus
Omar AlghamdiAssociate,Dispute Resolution
Among the many significant technological advancements transforming our world, one stands out for its potential to revolutionize transportation: autonomous vehicles (AVs).
An Autonomous vehicle, also known as a self-driving or driverless vehicle, is a vehicle that can move, and guide use a combination of sensors, cameras, artificial intelligence without human input. The Society of Automotive Engineers (SAE) defines six levels of vehicle autonomy, ranging from 0 (no automation) to level 5 (full automation).
While the term "autonomous" implies an absence of human control, AVs currently under development, despite their advanced technology, are not entirely independent require human involvement, for example, in their manufacture and technical development. The use of Avs also requires the involvement of software developers, Telecom companies, Insurance companies, Urban planners, cybersecurity specialists, vehicles agents and operators.
Consequently, the manufacture and use of AVs gives rise to a raft of legal issues, including those related to liability, insurance, data privacy, traffic violations, cybersecurity, intellectual property, and many others.
Saudi Arabia currently lacks specific laws or regulations specific to the use of AVs. However, relevant legal principles can be gleaned from a number of existing Laws.
For example, in relation to the key issue of legal liability, Section 3 of Civil Transactions Law signposts the basic approach. More specifically, Article 118 states that “Subject to specific legal provisions governing liability, the provisions of this Section shall apply to liability arising from a harmful act committed by a natural or legal person”. As a result of this, on 30 Nov 2023, Road General Authority published via Public Consultation Platform its first Autonomous Vehicles Requirements code which serves as guidelines for new initiatives on relevant infrastructure, operation, and legal framework for stakeholders. Although this code is not official yet, it gives an indication that the Kingdom is treating this matter with importance and being fully committed to it.
Manufacture and use of AVs give rise to a raft of legal issues, from liability, insurance, data privacy to traffic violations, cybersecurity and IP.
The Convention on Road Traffic 1968, commonly known as the Vienna Convention on Road Traffic and of which the Kingdom of Saudi Arabia has been a member since May 12, 2016, is an international treaty outlines standardized traffic regulations that are agreed upon by participating countries. The traditional idea that drivers have complete control and are always responsible for their vehicle’s actions on the road is being questioned by the development of self-driving car technology. On December 14, 2020, the Vienna Convention on Road Traffic, was amended Article 1 by adding new definitions and inserting a new Article 34 bis. The new definitions are: “(ab) “Automated driving system” refers to a vehicle system that uses both hardware and software to exercise dynamic control of a vehicle on a sustained basis. (ac) “Dynamic control” refers to carrying out all the real-time operational and tactical functions required to move the vehicle. This includes controlling the vehicle’s lateral and longitudinal motion, monitoring the road, responding to events in the road traffic, and planning and signalling for manoeuvres” A new article “Article 34 bis” is added, to read:
“Automated driving
The requirement that every moving vehicle or combination of vehicles shall have a driver is deemed to be satisfied while the vehicle is using an automated driving system which complies with:
(a) domestic technical regulations, and any applicable international legal instrument, concerning wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles, and
(b) domestic legislation governing operation.
The effect of this Article is limited to the territory of the Contracting Party where the relevant domestic technical regulations and legislation governing operation apply.”
Saudi Arabia’s Transportation General Authority aims to transition 25% of goods transport vehicles into autonomous vehicles by 2030.
The definitions (ab) and (ac) of Article (1) play significant role in autonomous vehicles because they represent the first time, globally, that autonomous vehicles gain legal recognition within a legal framework. This initial step will serve as a guide for the appropriate use of autonomous vehicles on roads in countries covered by the Vienna Convention on Road Traffic 1968. Furthermore, Article (34) defines automated driving and opens the door for its broader utilization by addressing the previously mandatory presence of a driver. This allows for the driver to be replaced by a system when specific conditions are met. These amendments to the convention will enable the participating countries to standardized their local laws and requirement regarding autonomous vehicles, providing manufactures, operators, developers, and owners with a unified framework that facilitates the export, import, and travel of such vehicles among participating countries with minimal issues.
In a global trend, countries are adapting their laws to accommodate autonomous vehicles. The Emirate of Dubai in United Arab Emirates is the latest nation to join this movement. On 6 April 2023, Dubai Law No. 9 of 2023 “Regulating the Operation of Autonomous Vehicles in the Emirate of Dubai” was issued, which comes into force 90 days after the Gazette was issued on 14 April 2023, i.e. by 13 July 2023. This new law establishes rules for licensing, operating, and ensuring the safety and quality of self-driving cars. It specifically targets fully automated vehicles. The law aims to address legal and regulatory issues related to using artificial intelligence in transportation and prioritize safety and quality. The law stated that if the autonomous vehicle causes damage to individuals or property, the liability for compensation will rest with the Operator. The Operator, according to this law, means that a person authorized by the Authority to do the activity, including the Self-driving vehicle owner.
Given the recent development and Dubai’s law as an example, it’s likely that Saudi Arabia will adopt similar approach in its upcoming legislation. This would involve explicitly assigning liability in a dedicated law for autonomous vehicles, instead of relying on broad principles in existing laws. This law would impact the other related laws such as insurance law and traffic law.
In conclusion, the rapid development of autonomous vehicles necessitates a parallel evolution of legal frameworks. While existing international agreements like the amended Vienna Convention offer a foundation, individual countries like Saudi Arabia are taking proactive steps through dedicated regulations. This ongoing legal adaptation is crucial for ensuring the safe, responsible, and ethical integration of autonomous vehicles into our world.
For further information,please contact Omar Alghamdi.
Published in April 2024
