Laws and Regulations and Digital Evidence for Self-Driving Cars in Japan: Regulation on Court’s Discretion by Relevance of Evidence in Civil Procedure

Abstract

The Road Traffic Act, the Road Transport Vehicle Act, and the Safety Regulations for Road Vehicles were revised and came into effect on April 1, 2020, and it became legal in Japan to put so-called Level 3 self-driving vehicles into practical use on public roads. The Road Transport Vehicle Act requires the installation of Data Recording Device, which is important digital evidence for re-enacting accident situations together with Drive Recorders and EDRs. It is necessary to properly examine these digital evidences in the civil lawsuits, and in particular, to ensure the identification and authentication of them and accurate reenactments by them. This article shows that, referring to the concept of “relevant evidence” in criminal procedure, even in civil procedure, the regulation of the court’s discretion (presentation of factors to be considered on finding fact) based on the concept of “relevance of evidence” is performed to ensure proper fact finding.