Current developments in 2024

Evolving Legal Frameworks: Automated Vehicles in the United Kingdom and Switzerland

In addition to Germany, the United Kingdom and Switzerland have also made significant progress this year in establishing clear legal frameworks for vehicles equipped with automation systems. Both countries are adopting regulations that aim to foster innovation while ensuring safety.

In the United Kingdom, the Automated Vehicles Act came into force in May 2024. This legislation provides a comprehensive legal framework for vehicles that can operate in two automation modes: the “User-in-Charge Mode” and the “No-User-in-Charge Mode.” In the User-in-Charge Mode, a driver must be available to take control when needed, whereas the No-User-in-Charge Mode allows fully driverless operation, subject to remote monitoring by a licensed operator. Automated vehicles are required to pass a Self-Driving Test to demonstrate their safety and performance capabilities.

The Act also introduces clear responsibilities and liability rules by defining the obligations of various stakeholders. To enhance consumer protection, it includes robust provisions to prevent misinformation and public misconceptions. These provisions encompass detailed marketing guidelines for automated vehicles, mandating the use of specific terminology and distinct symbols exclusively for approved automated vehicles. This approach ensures that consumers have a precise understanding of the capabilities and limitations of these systems.

The law further ties the operation of automated passenger services to a formal authorisation process. This process enables regulators to impose specific conditions to ensure safe operation and compliance with all relevant standards. Details such as technical requirements and safety standards will be refined through secondary legislation starting in 2025.

In Switzerland, the Parliament enacted a partial revision of the Road Traffic Act (SVG) in early 2023, establishing the legal framework for vehicles equipped with automation systems. While the SVG provides the foundational rules, detailed requirements for safety, technology, and operations are outlined in the Automated Driving Ordinance (AFV), adopted on December 13, 2024, and effective March 1, 2025.

A key aspect of the AFV is the distinction between two categories of vehicles with automation systems:

Vehicles with Takeover Requests: Drivers of automated vehicles on highways are permitted to use a highway pilot system. When activated, drivers may release the steering control and are not required to constantly monitor traffic or the vehicle. However, they must remain ready to resume manual control if prompted by the automation system.

Driverless Vehicles: Their operation is permitted only on routes approved by the authorities, with approval left to the discretion of individual cantons. These vehicles must be remotely monitored by operators in a control center. If the vehicle cannot resolve a situation autonomously, the system may request the operator to propose a driving maneuver. Any individual manually operating a driverless vehicle, either using in-vehicle controls or remote devices, is deemed the vehicle's driver, not the operator. Vehicles lacking conventional controls may only be operated manually as per the manufacturer’s guidelines or during pre-departure checks. Switching between automated and manual modes is permitted only when the vehicle is stationary.

The AFV also addresses other critical aspects, such as type approval requirements for manufacturers to demonstrate that their systems are safe and compatible with real-world operating conditions. This includes evidence of operational design domains and validated traffic scenarios. The ordinance establishes clear responsibilities and specific obligations for vehicle owners, operators, and manufacturers.

For instance: Vehicle Owners must ensure that the automation system is updated and maintained in line with the manufacturer’s requirements and perform mandatory daily pre-departure checks. Operators must be based in Switzerland and may oversee operations either within or outside the vehicle. Their duties include infrastructure assessment, system operation according to prescribed guidelines, manoeuvre supervision and execution, communication with passengers, and prompt reporting of accidents.

The AFV is essential for the regular deployment and operation of vehicles with automation systems, complementing the general provisions of the SVG with precise legal, technical, and organizational requirements.

The regulatory approaches adopted by the United Kingdom and Switzerland could provide valuable insights and inspiration for advancing regulatory standards at the European level, depending on their practical implementation.

"Innovative regulatory frameworks combine law, technology, and public acceptance. They provide clear guidance for manufacturers, operators, and authorities, promote safety and innovation, and are critical for the safe operation and successful integration of automated vehicles into a forward-looking mobility system."

Vincent Bretschneider

Head of Legal Department, Austriatech

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