新興科技形塑與規範競爭──以美國及德國自動駕駛規範為例

New Technology Formulation and Regulatory Competition: Study of American and German Autonomous Driving Regulations

隨著自駕車時代的到來，相應規範的需求也隨之而生，因此本文旨在探究美國及德國的自動駕駛規範，是如何因應境內產業現況進行修正或制定，期以作為臺灣的借鏡。美國是以由下而上的方式，由各州政府間以規範競爭、標準制定組織以產業自律規範，規制境內自駕車產業，聯邦層級則是未通過法律規範。德國則是以由上而下的方式，由聯邦議會先通過法律規範，嗣再定期滾動修正。究此美國與德國在自動駕駛規範的差異，或許是因其境內自駕車產業，是多元組成抑或偏向單一產業。本文另再透過規範競爭的理論視角，觀察到美國與德國在自動駕駛規範上，似乎存在著規範競爭的情形。而此美國與德國自動駕駛規範制定的經驗，實可作為臺灣未來規範的參考借鏡。

The coming of the autonomous vehicle (“AV”) era also causes demands for autonomous driving regulations. This article aims to study the autonomous driving regulations in the United States and Germany and to discuss how these two countries revised or established their regulations to fit their domestic industries. Taiwan can also refer to the discussion and study for future autonomous driving regulations. As a whole, the American autonomous driving regulations are bottom-up and market-led. Most regulations are from state governments and their regulatory competition, as well as from standard setting organizations and their industrial self-regulations. The U.S. federal government has not yet passed any formal statute so far. On the other hand, German autonomous driving regulations are top-down and government-led. Congress has already reformed federal statutes and then periodically evaluates the revised statutes. It is probably industrial interests for diverse or mostly single compositions that can explain the difference between the American and German autonomous driving regulations. Also, based on the theory of regulatory competition, the article observed that the two countries’autonomous driving regulations seem to compete. Therefore, while formulating its future autonomous driving regulations, Taiwan could refer to the experiences in the United States and Germany.