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172 (2020) 27 Tort L Rev 172
Assessing Potential Liability Regimes for
Autonomous Vehicle Technologies in Singapore
Terence Yeo*
Autonomous vehicles (AVs) will be the future of transportation. They
have the potential to radically transform the way we live, work and play.
Singapore currently stands at the forefront of this veritable technological
race because of her policies, innovation and infrastructure. But as with most
great technologies, the development of AVs would be hamstrung eventually
if regulatory changes are not made on time. This article examines how
traditional liability regimes may be applied to AVs, focusing specifcally on the
principles of negligence and product liability. It also considers the concept of
granting legal personhood to AVs. The article ends with the conclusion that
existing liability frameworks could struggle to cope with the unique challenge
presented by AVs, and that regulators should frst focus on ensuring victim
compensation through a no-fault compensation scheme.
But this sphere is overshadowed by a growing realm of collective action where doer, deed and effect are
no longer the same as they were in the proximate sphere, and which by the enormity of its powers forces
upon ethics a new dimension of responsibility never dreamt of before.
1
In October 2016, a nuTonomy driverless taxi on a test drive collided with a lorry. This was the frst
accident in Singapore involving an autonomous vehicle (AV),
2
and it was subsequently attributed to an
“extremely rare combination of software anomalies”.
3
While no one was injured in this accident, AVs
have been involved in fatalities elsewhere. For instance, in 2018, a pedestrian was killed in the United
States after an Uber AV failed to properly identify her.
4
Yet, no matter what your opinion on AVs may be,
the reality is that we are inching closer to a future where they will be widely deployed.
5
After the 2017 amendments to the Road Traffc Act (Singapore, cap 276, 2004 rev ed), it is now established
in Singapore that motor vehicles without human drivers are permissible for trial and/or use under the
statute,
6
subject to any restrictions which may be imposed through subsidiary legislation.
7
The Minister
for Transport has also been vested with the power to enact new rules for AV trials, prescribe standards for
* LLB (summa cum laude) Singapore Management University. This article is based on a directed research paper written under the
supervision of Associate Professor Chen Siyuan in the author’s third year of study. The author thanks Associate Professor Chen
for his invaluable guidance and support, as well as Lecturer Jerrold Soh for his helpful comments. All errors and omissions remain
the author’s.
1
Hans Jonas, The Imperative of Responsibility: In Search of an Ethics for the Technological Age (The University of Chicago Press,
1984) 6.
2
It is acknowledged that the use of the term “autonomous” may be misleading. “Autonomous” suggests that the vehicle can
make independent decisions, while “automated” implies that the vehicle is controlled or operated by a machine. Since AVs are
programmed to rely on humans for instructions, such as by having its user decide the routes and destination, “automated” would
be a more accurate term. However, given its widespread use, this article will still adopt the term “autonomous”. See also Stephen
Wood et al, “The Potential Regulatory Challenges of Increasingly Autonomous Motor Vehicles” (2012) 52 Santa Clara Law
Review 1423, 1425.
3
Zhaki Abdullah, “‘Software Anomalies’ to Blame for Driverless Car Accident”, The Straits Times, 25 November 2016 <https://
www.straitstimes.com/singapore/software-anomalies-to-blame-for-driverless-car-accident>.
4
Sam Levin and Julia Wong, “Self-driving Uber Kills Arizona Woman in First Fatal Crash Involving Pedestrian”, The Guardian,
19 March 2018 <https://www.theguardian.com/technology/2018/mar/19/uber-self-driving-car-kills-woman-arizona-tempe>.
5
Singapore, Parliamentary Debates, Offcial Report, 9 January 2017, vol 94, col 62 (Khaw Boon Wan, Minister for Transport).
6
Road Traffc (Amendment) Bill (Bill 5 of 2017) (Singapore) cll 3, 6.
7
Road Traffc (Autonomous Motor Vehicles) Rules 2017 (No S 464) (Singapore) s 4.