ISO/TR 17427-8:2015

TECHNICAL ISO/TR
REPORT 17427-8
First edition
2015-11-01
Intelligent transport systems —
Cooperative ITS —
Part 8:
Liability aspects
Systèmes intelligents de transport — Systèmes intelligents de
transport coopératifs —
Partie 8: Aspects relatifs à la responsabilité
Reference number
©
ISO 2015
© ISO 2015, Published in Switzerland
All rights reserved. Unless otherwise specified, no part of this publication may be reproduced or utilized otherwise in any form
or by any means, electronic or mechanical, including photocopying, or posting on the internet or an intranet, without prior
written permission. Permission can be requested from either ISO at the address below or ISO’s member body in the country of
the requester.
ISO copyright office
Ch. de Blandonnet 8 • CP 401
CH-1214 Vernier, Geneva, Switzerland
Tel. +41 22 749 01 11
Fax +41 22 749 09 47
copyright@iso.org
www.iso.org
ii © ISO 2015 – All rights reserved

Contents Page
Foreword .v
Introduction .vii
1 Scope . 1
2 Terms and definitions . 1
3 Abbreviations and acronyms . 2
4 How to use this Technical Report . 3
4.1 Acknowledgement . 3
4.2 Guidance . 3
4.3 C-ITS ‘Liability’ aspects . 3
5 What are the key liability issues . 5
5.1 Effects of different types of C-ITS applications technology risk . 5
5.2 Crash causation . 6
5.3 Types of parties in C-ITS . 7
5.4 Human factors . 8
5.5 What is the standard of safety expected? . 8
6 Legal Status . 8
6.1 Regional and National variations . 8
6.1.1 General. 8
6.1.2 Europe . 9
6.1.3 USA . 9
6.1.4 Australia .10
6.1.5 China .10
6.1.6 Japan .10
6.1.7 Other Countries .10
6.2 Driver remains in charge .10
6.3 Tort .11
6.3.1 General issues regarding ‘tort’ .11
6.3.2 Consequences of ‘breach of duty’ .12
6.3.3 Contract law .13
6.4 Product liability .13
6.5 Compulsory third party systems .13
7 Policy questions and options .14
7.1 General .14
7.2 Option 1: Continue current approach .14
7.3 Option 2: Enact specific C-ITS liability laws to clarify issues .14
7.4 Option 3: Non-legislative approaches .14
7.5 Option 4: Information and education campaigns .15
8 C-ITS Actors and Liability .15
8.1 C-ITS and jurisdictions .15
8.2 C-ITS and road operators/managers .15
8.3 C-ITS and manufacturers .16
8.4 C-ITS information/application service providers .16
8.5 C-ITS and drivers .16
9 Summary of findings.17
9.1 General .17
9.2 Explicit regulation by jurisdictions .17
9.3 ‘Opt-in’ to service provision .18
9.4 Advisory systems — Driver remains in charge .18
9.5 Interventionist systems .18
9.6 Service providers need to make users aware and limit risks through ‘opt-in’
conditions of use.18
9.7 Manufacturers need to test thoroughly and have explicit conditions of use .18
9.8 Need for ‘audit trail’ .18
9.9 Minimize the points of opportunity of failure .18
9.10 Advise driver of status of systems .18
9.11 Human factor considerations will be critical .18
9.12 Road managers need to assess and manage risk implications .19
9.13 Expectations will change .19
9.14 Clear guidance and regulation required .19
9.15 Driver training .19
Bibliography .20
iv © ISO 2015 – All rights reserved

Foreword
ISO (the International Organization for Standardization) is a worldwide federation of national standards
bodies (ISO member bodies). The work of preparing International Standards is normally carried out
through ISO technical committees. Each member body interested in a subject for which a technical
committee has been established has the right to be represented on that committee. International
organizations, governmental and non-governmental, in liaison with ISO, also take part in the work.
ISO collaborates closely with the International Electrotechnical Commission (IEC) on all matters of
electrotechnical standardization.
The procedures used to develop this document and those intended for its further maintenance are
described in the ISO/IEC Directives, Part 1. In particular the different approval criteria needed for the
different types of ISO documents should be noted. This document was drafted in accordance with the
editorial rules of the ISO/IEC Directives, Part 2 (see www.iso.org/directives).
Attention is drawn to the possibility that some of the elements of this document may be the subject of
patent rights. ISO shall not be held responsible for identifying any or all such patent rights. Details of
any patent rights identified during the development of the document will be in the Introduction and/or
on the ISO list of patent declarations received (see www.iso.org/patents).
Any trade name used in this document is information given for the convenience of users and does not
constitute an endorsement.
For an explanation on the meaning of ISO specific terms and expressions related to conformity
assessment, as well as information about ISO’s adherence to the WTO principles in the Technical
Barriers to Trade (TBT) see the following URL: Foreword - Supplementary information
The committee responsible for this document is ISO/TC 204, Intelligent transport systems.
ISO 17427 consists of the following parts, under the general title Intelligent transport systems —
Cooperative ITS:
— Part 2: Framework Overview [Technical Report]
— Part 3: Concept of operations (ConOps) for ‘core’ systems [Technical Report]
— Part 4: Minimum system req
...