Fully automated and autonomous driving promise mobility that does not require human drivers. The technology offers opportunities—such as for improving and expanding public transportation services—while simultaneously changing the requirements of traffic law. In the ABSOLUT II project, IKEM examined the legal framework for autonomous driving in public transit and, in three substudies, identified current challenges and opportunities for further development in the areas of licensing, technical oversight, and liability.
As part of the ABSOLUT II project, funded by the Federal Ministry for Economic Affairs and Energy, research was carried out in the north of Leipzig into how autonomous minibuses could be integrated into public transport. The aim of the project was to replace human safety drivers with what is known as ‘technical supervision’ and to provide the necessary technology in the control centre, communication with the vehicle and the required interfaces.
Among other things, IKEM supported the project by conducting research into the legally compliant implementation of technical supervision. IKEM has now published the underlying analyses of the currently applicable legal framework for autonomous driving – in particular the amendment to the Road Traffic Act (StVG) introduced by the Autonomous Driving Act of 2021, as well as the Autonomous Vehicles Authorisation and Operation Regulation (AFGBV) – in three separate studies.
The authors of the study, Timon Plass, Emily Hartmann, and Sarah Marenbach, give a positive assessment of the German legal framework, but also see a need for adjustments:
“The legislature has created a robust legal framework that, in principle, enables the operation of driverless systems while maintaining a high level of protection for safety and data privacy. As the technology continues to evolve dynamically, the law must also continue to evolve. Currently, the key task is to harmonize approval procedures across the EU and to establish technical standards that ensure a balanced relationship between safety, feasibility, and innovation.”
Further harmonise authorisation procedures
The first sub-study shows that the existing legal framework already allows for the use of autonomous vehicles, but that approval processes should be further standardized as their use becomes more widespread. From the authors’ perspective, there is a particular need for greater European harmonization of technical requirements and registration procedures. In addition, many provisions of traffic law are currently tailored to human drivers and, in the long term, will need to be translated into clear technical requirements for autonomous systems. The researchers also see a need for further regulation regarding the communication between autonomous vehicles and smart infrastructure, as well as the handling of the data generated in the process.
Clarify the legal requirements for technical supervision
The second sub-study examines the role of technical supervision, which plays a central safety role in the operation of autonomous vehicles. Although current law defines its responsibilities in principle, important practical questions remain unanswered. For example, the number of vehicles that can be supervised simultaneously and the requirements regarding the geographical availability of technical supervision have so far been regulated only to a limited extent. The authors therefore recommend aligning legal requirements more closely with the practical demands of operation and creating opportunities for a more flexible deployment of autonomous mobility services, particularly in rural areas. At the same time, existing qualification requirements should be reviewed and further developed.
Defining responsibilities more clearly under liability law
The third sub-study examines liability risks associated with the operation of autonomous vehicles. Unlike in conventional road traffic, responsibility for accidents can be shared among various parties, including vehicle owners, manufacturers, and technical regulatory authorities. The authors conclude that the existing legal framework generally provides suitable tools for assigning liability. In practice, however, a more precise delineation of the respective responsibilities is necessary. Operators of autonomous mobility services should therefore establish clear contractual provisions in advance to transparently allocate liability risks and avoid legal uncertainties.
