The Legal Regulation of the Carrier in Autonomous Vehicles

Main Article Content

Assist. Lect. Dhulfiqar Abbas Razzooqee Al-Ibraheemi

Abstract

This study explores an issue that has become central to contemporary legal discourse: the responsibility and obligations of the carrier in autonomous vehicles. It seeks to identify an appropriate legal framework to regulate this relationship and examines mechanisms for protecting both the carrier and the passenger, particularly given the absence of any specific regulation in Iraqi legislation.
The study further aims to develop a legal structure suitable for the Iraqi context by clarifying the carrier’s responsibilities and obligations in self-driving transport systems, as well as proposing mechanisms that may exempt the carrier from liability under certain circumstances.
The findings emphasize the necessity of enacting legal provisions that clearly define autonomous vehicles and delineate the respective duties and obligations of both the carrier and the passenger.

Article Details

How to Cite
Abbas Razzooqee Al-Ibraheemi, A. L. D. (2025). The Legal Regulation of the Carrier in Autonomous Vehicles. Basra Studies Journal, 2(64), 341–372. Retrieved from https://bsj.uobasrah.edu.iq/index.php/bsj/article/view/390
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Articles

References

Sources

- Dr. Ahmed Al-Tahami Abdel Nabi, "The Legal Basis for Civil Liability for Smart Machines," Journal of Jurisprudential and Legal Research, Issue Thirty-Nine, October 2022, 1444 AH.

- Hamed Ahmed Lasoudi Al-Durai, "Civil Liability for Autonomous Vehicle Accidents (A Comparative Study)," a thesis submitted in fulfillment of the requirements for a Master's degree in Private Law, United Arab Emirates University, College of Law, Department of Private Law, 2019.

- Alouti Rania Ikram, Civil Liability for Self-Driving Vehicle Accidents, a supplementary memorandum to obtain the requirements for a Master’s degree in Business Law, Mohamed Bachir Al-Ibrahimi University, Faculty of Law and Political Science, 2021-2022.

- Dr. Ayman Mustafa Ahmed Al-Baqli and Dr. Tariq Jumaa Al-Sayed Rashid, Towards a Legal System for Civil Liability Resulting from Self-Driving Vehicle Accidents (Basis of Liability - and Insurance Thereof), Journal of Jurisprudential and Legal Research, Issue No. 41, April 2023 AD - 1444 AH.

- Prof. Dr. Jawad Kazim Smaisem and Eng. Ibrahim Abbas Al-Jabouri, The Mediator in Commercial Law, Safa Publishing and Distribution House - Amman, First Edition 2022 AD - 1441 AH.

- Prof. Dr. Basem Muhammad Saleh, Commercial Law, Part One, Dar Al-Kotob Al-Qanuniyah, Beirut.

- Dr. Adel Ali Al-Maqdadi, Commercial Law According to the Provisions of Omani Commerce, Dar Al-Thaqafa for Publishing and Distribution, Third Edition, 2013 AD - 1434 AH.

- Swati Khandelwal, Hackers take Remote Control of Tesla's Brakes and Door locks from 12 Miles Away, Research published on the Internet, last visited on 11/15/2023, https://thehackernews.com.

- Our Professor Dr. Jawad Kazim Jawad Smeisim and Dr. Ahmed Salman Shahib Al-Saadawi, Sources of Obligation: A Comparative Study of Civil Laws and Islamic Jurisprudence, Zain Legal Publications, Second Edition 2017, p. 276.

-ANTONIO DAVOLA, A MODEL FOR TORT LIABILITY IN A WORLD OFDRIVERLESS CARS: ESTABLISHING A FRAMEWORK FOR THE UPCOMING TECHNOLOGY, Volume 54 | Number 3 Article 2, https://digitalcommons.law.uidaho.edu/idaho-law-review ,.

- Dr. Mustafa Abu Mandour Musa Issa, The Adequacy of General Rules of Civil Liability in Compensating for Artificial Intelligence Damages: An Analytical, Comparative, and Original Study, Damietta Law Journal for Legal and Economic Studies, Faculty of Law, Damietta University, Issue No. 5, January 2022.

- Prof. Dr. Farouk Ibrahim Jassim, Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea 2002 Scope of the Carrier’s Liability - Nature of the Carrier’s Liability - Conditions for the Carrier’s Liability to Exist, Basra Studies Journal, Supplement to Issue 50, Eighteenth Year / December 2023.

- M.M. Amna Fouad Abdul Amir, The Distributor’s Responsibility for Guaranteeing Damage from Defective Products - A Comparative Study - Tikrit University Journal of Law, Volume 6, Issue 4, Part 1, 2022.

-Jack Stilgoe, What will happen when a self-driving car kills a bystander?, Research published on the Internet, last visit on 12/26/2023, https://www.theguardian.com/science/political-science/2017/jun/24/what-will-happen-when-a-self-driving-car-kills-a-bystander

- Mohamed Ibrahim Abdel Fattah Yassin, Objective Liability for Emerging Risks, Benha Journal of Humanities, Issue 1, Part 2, 2022.

- M. Wissam Abdel Mohamed Zaher, Legal Regulation of the Element of Harm in Objective Liability, Faculty of Law Journal for Legal and Political Sciences, Volume 10, Issue 37, 2021.