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1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?
SAE Levels 3-5:
Under the Road Traffic (Autonomous Motor Vehicles) Rules 2017 (2017 Rules), trial of autonomous motor vehicles (AV) on any road (which includes public roads) is only allowed if the person has specific authorisation from the Land Transport Authority of Singapore (LTA)
1
Rules 4(1) and 7(1)(a)(i) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
. The authorisation may include a specific geographical area in which the approved trial may be undertaken , amongst other conditions.
Autonomous motor vehicles under the Road Traffic Act (Cap. 276) (RTA) means “a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle)”. The RTA definition does not make express reference to the SAE Levels, but SAE Levels 3, 4 and 5 were referenced when rules relating to autonomous vehicles were introduced during the parliamentary debates introducing the amendments .
2. Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?
SAE Levels 3-5:
Yes, but only if the person using an AV (i.e. SAE Levels 3 to 5) on a public road has specific authorisation from the LTA.
4
Rules 4(2) and 7(1)(a)(ii) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017. Similar to authorisation for testing, authorisation for use of AVs may include a specific geographical area in which the approved trial may be undertaken,
5
Rule 9(2)(a) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017. In practice, approved geographical zone for AV testing in Singapore: https://www.lta.gov.sg/content/ltagov/en/newsroom/2019/10/1/Autonomous_vehicle_testbed_to_be_expanded.html and https://www.lta.gov.sg/content/dam/ltagov/news/press/2019/20191024_AVtrialmap_AnnexA.pdf.
amongst other conditions.
3. Who has liability for damages caused by a car in automated driving mode?
Owner: Persons authorised by the LTA under 2017 Rules to carry out trials or use AVs in Singapore have the following duties:
Duty to ensure maintenance of their AVs:
6
Rule 16(1) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
the authorised person must ensure that the AV is maintained in a state of good condition and is functioning properly at all times, such that no harm or damage is caused, or likely to be caused, to any person in the vehicle or any other person, or to any property.
Duty to notify incidents and accidents:
7
Rule 19(1) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
the authorised person must notify the LTA of any incident involving malfunction of AV’s autonomous system, and any accident involving death, bodily injury or damage to property, caused by or arising out of the use of the AV.
Breach of the duties set out above will result in the owner being guilty of an offence, liable on conviction to a fine.8
Further, under the 2017 Rules, the AV owner has to take out a policy of liability insurance for the AV, or if unable to do so place a security deposit with the LTA, to satisfy or pay any sum of monies owed due to any death, bodily injury or damage to property.
9
Rules 14(1), 15(1) and 15(3) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
Driver / operator: Under the 2017 Rules, the person making an application for the LTA’s authorisation to carry out trial or use the AVs in Singapore must submit along with its application any supporting documents concerning any AV to be used in the trial and the autonomous system to be employed in the trial, stating that the vehicle and autonomous system are safe for use in the intended manner in the trial.
10
Rule 5(2)(b)(vi) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
The conditions for LTA’s approval may include a requirement for a qualified safety driver or a qualified safety operator to be seated in the AV to monitor the operation of the vehicle and take over the AV operation if necessary.
11
Rules 9(2)(b) and 9(2)(c) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
In the context of the use or of the carrying out of the trial of the AV, the driver or operator is not responsible for the safe use of the AV. Therefore, the liability of the driver or operator would likely only arise to the extent he is at fault under the existing road traffic rules.
12
Singapore Parliamentary Debates, Official Report (7 February 2017) (https://sprs.parl.gov.sg/search/fullreport?sittingdate=07-02-2017) at page 87.
In other words, it would likely be resolved through existing statutory and common laws.
Manufacturer: The 2017 Rules do not expressly set out the manufacturer’s liability in the event of damages caused by an AV in automated driving mode.
However, the manufacturer’s other existing statutory obligations (not specific to AVs) will continue to apply, including a duty to notify the Registrar of Vehicles and the vehicle owners of safety-related defects,
13
Section 23A of the Road Traffic Act (Cap. 276).
and other liabilities under the Sale of Goods Act (Cap. 393, Rev Ed 1999) and Unfair Contract Terms Act (Cap. 396, Rev Ed 1994) if it is non-conforming or defective.
4. Are there any specific mandatory insurance requirements for AVs?
Under the RTA framework, all persons authorised by the LTA to undertake the approved trial or carry out the approved special use of AVs must have in place liability insurance before approved trials or special use may commence or place a security deposit of not less than S$1.5 million with LTA for the duration of the trial or approved special use.
14
Rule 15(1) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
The liability insurance must be effective throughout the duration at all times during the period of the approved trial or approved special use.
15
Road Traffic Act (Cap. 276), section 6C(1)(b)(i) read with rules 14(1) and (4) of the Road Traffic (Autonomous Motor Vehicles) Rules 2017.
Specifically, the liability insurance refers to a policy of insurance indemnifying the owner and any authorised driver or operator of a vehicle or trailer used in that trial or special use in relation to:
death or bodily injury caused by, or arising out of, the use of the AV on a road; and
damage to property caused by, or arising out of, the use of the AV on a road.
16
Road Traffic Act (Cap. 276), section 6C(6).
5. Is there general liability based on warranty claims against the manufacturer for AVs?
We are not aware of any legal requirements that apply specifically to warranty claims for AVs in Singapore.
Existing general product liability or consumer protection laws would likely apply.
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