Driver Assistance Systems in Austria: Understanding the Legal Boundaries 
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Driver Assistance Systems in Austria: Understanding the Legal Boundaries 

The deployment of advanced driver assistance systems (ADAS) such as ‘Ford BlueCruise’, the Mercedes-Benz ‘Drive Pilot’, the Tesla ‘Autopilot’ and ‘Full-Self Driving Package’ as well as the BMW ‘Driving Assistant (Professional)’ raises significant legal questions in Austria. As these technologies gain increasing attention in 2024, regulatory frameworks establish clear limitations on their permissible use. 

Under the current legal framework in Austria, the Automated Driving Ordinance defines only two exceptions for approved series-production systems that can be legally activated: 

  • Parking Assistance: A system that can take over steering functions when parking and exiting a parking space in accordance with UNECE Regulation No. 79. 
  • Motorway Assist with Automated Lane-Keeping: A system that manages longitudinal vehicle control (acceleration, braking, stopping, and distance control) as well as lateral vehicle control for lane-keeping, using automated steering functions on motorways or express roads, in accordance with UNECE Regulation No. 79. 

Beyond these categories, the use of additional systems is currently not legally permitted based on European legislation and UNECE regulations. 

As driver assistance systems become more prevalent across car brands in 2024, the terminology used by manufacturers is becoming more prominent. One example is Ford BlueCruise, an advanced driver assistance technology designed for hands-free operation on motorway sections designated by the manufacturer, known as 'Blue Zones'. BlueCruise manages steering, acceleration and braking, but still requires the driver's full attention. This option is currently available on Ford Mustang Mach-E models.1 In contrast, activating Mercedes-Benz Drive Pilot enables the system to take over dynamic driving tasks, though its application is currently limited to Germany’s autobahn network and selected freeways in California and Nevada. Once engaged, Drive Pilot autonomously manages speed, distance, and lane-keeping.2 Other manufacturers also promote high-end driver assistance features that allow prolonged hands-off driving or automated lane changes, such as BMW with its "Driving Assistant (Professional)" and Tesla with "Autopilot" and the "Full-Self Driving Package." 

Legal Implications in Austria 

It is important to note that while Ford has designated Blue Zones in Austria, the use of BlueCruise on public roads remains prohibited. This restriction is due to the system’s capability for automated lane changes, which is not legally permitted under Austrian law. The same applies to other systems that enable hands-free driving and, in particular, automated lane changes, such as those offered by Mercedes-Benz, BMW, and Tesla. A key legal restriction is § 102(3) of the Austrian Motor Vehicles Act (KFG), which mandates that drivers must maintain control of the steering system with at least one hand at all times while driving. 

Conclusion 

While driver assistance systems enhance comfort and driving experience, they remain subject to strict legal boundaries in Austria. End users should be aware of existing regulations before engaging these technologies. The cases of Ford BlueCruise, Mercedes-Benz Drive Pilot, Tesla Autopilot, and BMW Driving Assistant (Professional) highlight the regulatory challenges that innovative ADAS features pose. Other automotive manufacturers are also equipping their vehicles with similar technologies, but their use on Austrian roads remains legally restricted. 

 

 

 

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