The Effect of Motor Vehicle's Autonomisation to Operator's Liability in Turkish/ Swiss Law within Scope of Modifications Come Into Force in 20. 06. 2017 on German Road Traffic Code


Pekmez C.

ISTANBUL HUKUK MECMUASI, cilt.77, ss.153-184, 2019 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 77 Konu: 1
  • Basım Tarihi: 2019
  • Doi Numarası: 10.26650/mecmua.2019.77.01.0005
  • Dergi Adı: ISTANBUL HUKUK MECMUASI
  • Sayfa Sayıları: ss.153-184

Özet

The developments in automative industry lead German legislator to issue a couple of new provision on Road Traffic Law. This modification determines generally relations between driver and autonomisated vehicle. In scope of our work it is examined whether it is necesarry to modificate provisions especially on operator liability, as well as whether autonomisation effects operator's liability directly or undirectly rather than all relating provisions on Road Traffic Code. In this context, the subject is examined in scope of liability conflict and recourse related to compensate. It is also examined how autonomisation effects risk of operating, default of liable one, default of sufferer in liability conflict, as well as who is/are liable for compensating and how damage to compensate is shared between liable parties in recourse process. It shall have consequently determined that technical features of vehicle determine relations between driver and autonomisated vehicle, differences between driverless vehicle and other one give rise to tackle differently with law issue between driver and autonomisated vehicle. Autonomisation have no radical effect to abolish or weigh liability of operator but lead to assess risk rates of operating subduedly in any cases. The need of amending provisions or code on producer's liability for accidents which autonomisated vehicle causes arises in Turkish Law System.