The regulatory evolution of autonomous driving in Germany and overseas
Auto manufacturers and tech companies invested dozens of billions of US Dollars into autonomous driving since 2010 or so — with postponed returns. In the past years, providers of autonomous driving tech have experienced a drastic drop in their predictions as to when the technology will be available.
Progress in software technology is key when it comes to finally introducing fully autonomous vehicles to the streets. Currently the onboard computer evaluates images from its surroundings. Overall, even though the technology is not yet 100 % accurate, it works quite well. However, in complex areas the software still tends to get confused and starts making strange maneuvers. Also, weather occurrences, such as snow and rain or even sun have a big impact on the driving capabilities. Sensors such as most important the camera but also radar or lidar, which scan the area with electromagnetic waves and lasers, are therefore still a very necessary component to ensure that in situations with impaired visibility, the vehicle can proceed towards its destination.
The global objective is road safety. The vehicle must be able to perform the driving maneuver within a defined and approved operating range. It must know where it is to the nearest centimeter and detect static objects and other road users. All traffic rules must be obeyed. Vehicles make highly complex decisions in fractions of a second. So besides regulatory obstacles, driving software development forward is of central importance for the progress of autonomous driving.
The focus currently lies on Level 2+ or Level 2++ (latest saying) with a shy but confident view to Level 3. The industry has recognized that the hurdles for Level 4 cars are still too high in almost all areas for the next few years. On the hardware side, there is still a lack of a redundant and, above all, reliable sensor set. Affordable lidar sensors still have a way to go. Many manufacturers lack the appropriate electronic architecture to process the data in the vehicle. The software is also not fully developed. And testing and validating the systems is a challenge (although all work on it with effort). Concentration or car manufacturers lies on advanced driver assistance systems, while tech companies and investors eye on autonomous driving and corresponding mobility concepts.
In Germany, SAE levels 1 (assisted driving) and 2 (semi-automated driving) have been in line with German road traffic law for some time, with the use of assistance systems such as cruise control and lane departure warning systems. In both cases, the driver must monitor the traffic and vehicle themselves and must not turn away from the traffic. The 2017 amendment to the German Road Traffic Act created the framework for highly automated driving in accordance with SAE Level 3. As conditional automated driving, the driver no longer has to constantly monitor the system, but is requested to take over again within a certain reaction time if necessary.
With the so-called Autonomous Driving Act of 2021 and the Autonomous Vehicle Approval and Operation Ordinance of 2022, Germany has created the legal framework for the legal and technical implementation of fully automated driving SAE Level 4. According to this, the system takes over control of the vehicle permanently. The vehicle can also cover longer distances (e.g., on freeways) within a defined operating range without driver intervention or monitoring. SAE level 5 (autonomous driving) means that the vehicle always has sole control and intervention by a driver is no longer possible. Every occupant is a passenger, there are no more steering wheels or pedals, the vehicle decides everything itself. It is possible to drive without passengers. A driver’s license may no longer be required. Consequently, the passenger does not have to be fit to drive. To say it in advance: approval criteria for this are not yet foreseeable.
With the Regulation on the general safety of vehicles (EU) 2019/2144 and the Implementing Regulation (EU) 2022/1426, the European Union has created the legal framework for the approval of automated and fully driverless vehicles in the EU. With the Implementing Regulation (EU) 2022/1426 and detailed regulations on the above regulation for the type-approval of the automated driving system for fully automated vehicles, the Federal Motor Transport Authority can approve EU type approvals for motor vehicles with an autonomous driving function (Level 4) in small series. Since 2023, a UN regulation has allowed cars in Level 3 use to reach speeds of up to 130 km/h. Manufacturers must obtain type approval for this before activating this function after careful technical and product liability testing. The Vienna Convention on Road Traffic from 1968 and the UNECE technical standards still contain many regulations and amendments for the use of motor vehicles, now also in approaches to driving. Both treaties have been constantly adapted, including more recently, to allow vehicles up to SAE level 4.
The USA lacks a nationwide legal framework for vehicles with autonomous driving functions. The “Self Driving Act” was passed by the US House of Representatives in 2017 but later failed in the US Senate. In 2022, members of the US House of Representatives took another bipartisan initiative to promote self-driving vehicles. The application and approval procedures for granting special permits have so far been carried out in the individual states according to individual and always different requirements. Around half of the US states have corresponding laws.
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The UK government published a plan to introduce self-driving vehicles on UK roads and changes to its Highway Code in 2023 following a public consultation. Canada mainly only issued regulations dealing with the testing of autonomous vehicles. Australia published a strategy paper in 2022 with proposals for a coherent legal framework for the commercial use of automated vehicles. Canada, Australia and countries such as South Africa are particularly interested in automated freight transport due to the long distances involved and a rather sparse rail network.
In China, several ministries jointly published the Strategy for Innovation and Development of Intelligent Vehicles in a National Development and Reform Commission in 2020, in line with Chinese practice, with an associated five-year plan. This identified the need to revise the Road Traffic Safety Regulations and other laws for the use of intelligent vehicles. Local governments at all levels strongly support autonomous driving. Individual cities are already promising to allow autonomous vehicles, with unclear legal requirements. Japan has made several legislative changes over the past few years and has set itself the goal of allowing level 4 highly automated driving systems in many regions of the country by 2025.
As a reminder, there are (essentially) five levels of automation:
· Level 1: assisted driving — i.e.: cruise control, park assistance; driver is still fully handling the vehicle.
· Level 2: partial automated driving — the vehicle can partly keep the lane on its own. The driver is still fully handling the vehicle but can remove his hand for some seconds.
· In between Level 2 and Level 3 there are new subcategories of Level 2+ (semi-automated driving) and/or Level 2++.
· Level 3: highly automated driving — the vehicle can do most of the work, the driver can simultaneously concentrate on other things, however upon request, the driver must back control.
· Level 4: fully automated driving — driver becomes the passenger — he can sleep, eat, drink, work.
· Level 5: autonomous driving: vehicle can drive without passengers and conquer traffic on its own. There will be no more drivers (a dream of the future).
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