LEGAL MEASURES FOR THE PROTECTION OF OPERATORS USING ARTIFICIAL INTELLIGENCE SYSTEMS

Abstract

This article pursues three main objectives: (1) to examine and analyze foreign legal measures governing the liability of vehicle operators using artificial intelligence (AI) systems, with a particular focus on the European Union, France, and Germany; (2) to analyze Thai legal provisions related to the liability of operators of AI-driven vehicles in both civil and criminal dimensions; and (3) to compare these legal frameworks and propose appropriate legal measures for Thailand that balance victim protection, operator liability, and the promotion of technological innovation. This study adopts a doctrinal and comparative legal research methodology, drawing on statutory laws, court decisions, academic literature, and policy documents from selected jurisdictions and Thailand.
          The findings reveal that European countries have progressively developed specific legal frameworks for autonomous vehicles and AI systems. These frameworks emphasize strict liability, structured risk allocation among manufacturers, system developers, and vehicle operators, and the establishment of insurance schemes and compensation funds to ensure effective redress for victims. In contrast, Thai law continues to rely primarily on general tort provisions under the Civil and Commercial Code and consumer protection legislation, which do not adequately address the distinctive characteristics of AI-driven decision-making. The study therefore recommends that Thailand consider enacting specific legislation or revising existing laws to clarify liability rules for damage arising from AI-operated vehicles, taking into account the roles of manufacturers, software developers, service providers, and operators, as well as the need for appropriate insurance and compensation mechanisms.