I. INTRODUCTION
Autonomous vehicles have become one of the most significant developments shaping the future of the transportation sector, thanks to the rapid advancement of technology in recent years. Known as self-driving cars, this technology holds the potential to reduce traffic accidents, increase energy efficiency, and make transportation more accessible. However, legal regulations and standards for the widespread adoption of this technology are still under development. In this respect, we will examine a host of regulations recently prepared and enacted by the Ministry of Industry and Technology including (i) the Regulation on Type Approval of Motor Vehicles for the Autonomous Driving System of Fully Autonomous Vehicles (EU 2022/1426) published in the Official Gazette no 32739 on 1 December 2024 as well as (ii) the Regulation on Type Approval of Motor Vehicles for Advanced Driver Distraction Warning System (EU 2023/2590), (iii) the Regulation Amending the Regulation on Type Approval and Market Surveillance and Inspection of Motor Vehicles and Trailers and Their Components, Systems and Separate Technical Units (EU 2018/858), (iv) the Regulation Amending the Regulation on Administrative Requirements for Type Approval and Market Surveillance and Inspection of Motor Vehicles and Trailers and Their Components, Systems and Separate Technical Units (EU 2020/683), and (v) the Regulation on the Type Approval of Motor Vehicles with regard to Crime Scene Recording Systems (EU 2022/545) all of which Have been published in the Official Gazette no 32769 on 31 December 2024 effective therefrom. Aforesaid regulations will hereinafter be collectively referred to as the "Autonomous Vehicle Regulations" and the European Union ("EU") regulations that form the basis for the Autonomous Vehicle Regulations will be briefly discussed.
II. THE RISE OF AUTONOMOUS VEHICLES AND NEXT-GENERATION SAFETY SYSTEMS
Autonomous vehicles are increasingly on the agenda due to advances in artificial intelligence, sensor technologies and machine learning. According to an article on Futures Platform about autonomous vehicles, "an autonomous vehicle will be as life-changing as the invention of the motor vehicle itself."
Furthermore, the global autonomous vehicle market, valued at 25.15 billion dollars in 2022, is predicted to reach 197 billion dollars by 2029.
McKinsey & Company, in their market research, projected that autonomous driving technologies will generate between 300 and 400 billion dollars in revenue by 2035 in the U.S.
In general, autonomous vehicles and advanced safety systems aim to improve traffic safety by monitoring driver distraction, collecting data during accidents and adapting to environmental conditions. However, establishing legal and regulatory frameworks at national and international level is crucial for the effective and unimpeded implementation of these technologies. Therefore, the Autonomous Vehicle Regulations put into effect on the initiative of the Ministry of Industry and Technology should be evaluated from the perspective of compliance with global standards and best practices in this field.
III. NEW REGULATIONS IN TÜRKİYE
The Ministry of Industry and Technology, taking into account the European Union standards on automotive industry, has implemented the following regulations with the aim of increasing the safety of life and property of the citizens:
1. Regulation on Type Approval of Motor Vehicles for the Autonomous Driving System of Fully Autonomous Vehicles (EU/2022/1426):
To capture those motor vehicles falling under M and N categories, Türkiye has adopted measures similar to those foreseen under the EU Regulation 2022/1426 with a view to ensuring compliance with the acquis. For context, category M is reserved for passenger transportation, whereas category N encompasses load -carrying vehicles. This regulation lays the groundwork for both cars and light commercial vehicles to drive autonomously subject to the conditions specified therein.
In particular, this regulation regulates type-approval processes for autonomous driving systems of motor vehicles listed in M and N categories and covers safety standards, technical requirements and test procedures for fully autonomous vehicles. Most importantly, this regulation marks the first step Türkiye has taken towards harmonization with the European Union regulations in the given field.
The regulation contains provisions on the equipping of motor vehicles in categories M and N with ADS and the specific test procedures and technical requirements for type approval of these systems, as well as the procedures and principles for their implementation.
The type approval process for fully autonomous driving systems will be evaluated based on three different use case scenarios:
- Fully autonomous vehicles, including dual-mode vehicles, designed and manufactured for passengers or goods transport in a defined area.
- Fixed-route vehicles designed and built for carriage of passengers or goods on a pre-determined route, including dual-mode vehicles, with a fixed journey or voyage departure and arrival points fully autonomous vehicles.
- Autonomous parking system, which includes vehicles with an autonomous parking system consisting of dual-mode vehicles with a fully autonomous driving mode for vehicle parking applications in certain parking facilities. This system may or may not use the external infrastructure of the parking facility (locator beacons, detection sensors and so on) to perform the dynamic driving task.
2. Regulation on Type Approval of Motor Vehicles with Advanced Driver Distraction Warning Systems (EU/2023/2590):
This regulation addresses advanced security systems that monitor driver distraction in M and N category vehicles. The system tracks the driver's eye movements and provides visual, auditory, or tactile alerts when necessary. This system aims to prevent accidents caused by driver distraction.
3. Regulation on Type Approval, Market Surveillance, and Supervision of Motor Vehicles, Trailers, and Their Components, Systems, and Separate Technical Units (EU/2018/858) Amendments:
This regulation covers the type approval, market surveillance and inspection of motor vehicles and trailers. It sets the technical requirements and safety standards for autonomous vehicles and requires a comprehensive assessment of vehicles before they are placed on the market.
4. Regulation on Administrative Requirements Regarding Type Approval, Market Surveillance, and Supervision of Motor Vehicles, Trailers, and Their Components, Systems, and Separate Technical Units (EU/2020/683) Amendments:
This regulation addresses the administrative conditions for type approval processes. This regulation, which details the procedures to be followed in the production, import and sales phases of autonomous vehicles, aims to strengthen market surveillance and inspection mechanisms.
5. Regulation on Type Approval of Motor Vehicles for Event Data Recorder System (EU/2022/545):
This regulation mandates the installation of event data recorders in autonomous vehicles in the M and N categories. These systems will collect data during accidents, assisting in the analysis of the causes of accidents and contributing to improving safety standards.
The Autonomous Vehicle Regulations will also possibly help Türkiye embark on an exciting journey to develop autonomous vehicle technologies. Given the country's significant position in the automotive industry and its infrastructure, it provides an ideal platform for the development of autonomous vehicle technologies. While the pieces of law subject to our review aim to regulate the use of self-driving vehicles; it remains equally important to focus on security, responsibility, and data privacy related aspects as we go forward.
IV. EU REGULATIONS AND COMPLIANCE
The Autonomous Vehicle Regulations are largely modelled around the European Union's rule set concerning autonomous vehicles and safety systems. The EU has established a comprehensive legal framework for autonomous and connected vehicles to ensure consistent standards across member states. These regulations – to be briefly discussed below- cover the technical requirements of vehicles, data-sharing protocols, as well as distribution of liability in the event of accidents.
1. EU Regulation 2018/858 – Type Approval of Motor Vehicles:
This regulation sets the safety and environmental requirements necessary for motor vehicles to be offered for sale on the European market. For autonomous vehicles, this regulations also regulates the type approval process. It includes technical and safety standards set to ensure that vehicles are enviromentally friendly, safe and compliant.
2. EU Regulation 2019/2144 – Technical Requirements for Autonomous Vehicles:
This regulation includes provisions related to the safe operation of automated and autonomous driving systems. This regulation sets technical requirements and test procedures to ensure the safety of autonomous vehicles. It includes safety requirements, test procedures, and technical features for autonomous vehicles.
3. EU Regulation 2022/2236 – Approval and Regulation of Autonomous Vehicles:
This regulation pertains to autonomous vehicles at Level 3 and above, establishing the approval process for such vehicles and the necessary testing and monitoring requirements to ensure their safe operation on the European market.
4. EU Regulation 2022/1426 – Local Monitoring and Approval Procedures:
It sets out the local monitoring and inspection procedures for the safe approval of autonomous vehicles in Europe. This regulation defines monitoring processes to ensure that vehicle manufacturers successfully pass safety tests. It includes testing and monitoring processes and local audit requirements.
V. CONCLUSION
Autonomous driving technologies are continuously being developed with great determination. The market share that these vehicles already hold is significant, and it will not go too far to predict that their market will reach enormous proportions within the next few decades. Research shows that by the 2030s, one in every three passenger cars will have autonomous driving capabilities, and the market is expected to reach a capacity of 600 billion dollars.
Therefore, autonomous vehicles and next-generation safety systems promise a revolutionary transformation in the transportation sector. The Autonomous Vehicle Regulations prepared by the Ministry of Industry and Technology and published in the Official Gazette on 1 December 2024, and 31 December 2024 respectively, collectively aim to ensure the safe, effective, and efficient use of these technologies. With a significant proportion of new vehicles expected to feature autonomous driving capabilities, these rules are crucial for the widespread adoption of autonomous vehicles and their integration into traffic. The Autonomous Vehicle Regulations have been designed in compliance with the EU legislation and aim to increase the safety of citizens and their property. Türkiye's pre-eminent steps are expected to shape the future of transportation both on a national and global level.
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