蔡達智

中文摘要

目前農用無人車相關安全管制體系，從設計製造、操作使用，多有規範不足之處，容易產生過度預防或過度放任現象，對於智慧農用無人車的創新科技發展未必有利，可能對農用無人車使用人、相關從業人員甚至不相干的路人，產生負面權益影響。究其實際，在於相關規範對於農用無人車的人工智慧、無人化田間作業性質較少關注、掌握不足，又對農民高度尊重，減少政府不必要干預使然。然而，農用無人車雖能減少駕駛人為因素引起的風險危害，卻也因無人化及人工智慧等特性，或將改變所有農作權益皆應歸屬農民的長久慣行，農民連親手維修農用無人車都將面臨不小困難，未蒙其利，先受新知、未知或無知的風險危害。為避免使用農用無人車發生權責爭議，有必要根據農用無人車的人工智慧、無人化、田間作業等性質，健全相關安全管制制度，調和相關人員權益。

The Regulatory Principles of Design and Operation Safety in Smart Agricultural Unmanned Vehicle

Ta-Chih Tsai

abstract

At present, the safety regulatory law and regulations related to agricultural unmanned vehicles have many shortcomings in terms of design, manufacture, operation, which are easily to lead the regulatory systems to be inappropriate either as over precaution prohibition or as over laissez-faire for farmer’s decision making. The undue bipolar consequences may not fit for well development of innovative technology in smart and precisely agricultural unmanned vehicles, neither will have well suitable impacts directly on the rights and interests of users, relative practitioners and irrelevant passerby in operation of agricultural unmanned vehicles. As a matter of fact, the results of current inappropriate regulatory systems may from less attention to the operation of agricultural machinery in farmer’s fields, and lack sufficient understanding of the original characters of unmanned vehicles, not even to mention the due regulations to the judgments and other performances by the Artificial Intelligence within the excellent innovative agricultural machinery. Besides, due to highly respect the autonomy and privacy of agricultural practitioners, and not to force any unnecessary intervention by the government leading agricultural machinery safety regulatory systems not so well modified at the same time. However, although these technological innovations may instead of negative risks and hazards caused by traditional old style of driver’s personnel factors, unmanned vehicles may change the customary long standing rights and interests of traditional farming culture, and make it difficult to carry out simple agricultural machinery regular maintenance and hold the right to repair the malfunction machine for the owner farmers. That will also bring new, unknown or ignorant risks and hazards before profit from accepting agricultural unmanned vehicles. In order to avoid various disputes over the rights and responsibilities for agricultural unmanned vehicles, it is necessary to improve the relevant safety regulatory systems, to have balancing protection of the rights and interests for all relevant participants according to the specific characters of agricultural unmanned vehicles, such as artificial intelligence, unmanned and open field operations.