Modifications to the German Road Traffic Act (StVG)

Transcription

1 Modifications to the German Road Traffic Act (StVG) Eighth Act amending the German Road Traffic Act Promulgated in Federal Law Gazette I, page 1648 on 20 th June 2017 (BGBl. I, 1648) Tom Michael Gasser Bundesanstalt für Straßenwesen

2 Relevant fields of automation-regulation: Vehicle regulations UNECE-Regulations, e.g. UN-R 79, (there: ACSF ) focus National legal Framework Automated Driving functions in open traffic Level 3 and above slide no. 2

3 Amendments Section 1a StVG: Section 1a: Motor vehicles with a highly or fully automated driving function (1) The operation of motor vehicles by means of a highly or fully automated driving function shall be permissible if this functio n is used for its intended purpose. (2) Motor vehicles with a highly or fully automated driving function within the meaning of this Act are vehicles equipped with technology that: 1. when activated, is able to control the motor vehicle including longitudinal and lateral control to perform the driving task (vehicle control); 2. is able, while the vehicle is being controlled in the highly or fully automated mode, to comply with the relevant traffic rules and regulations for operating a vehicle; 3. can be overridden or deactivated manually by the driver at any time; 4. is able to identify the need for the driver to retake manual control of the vehicle; 5. is able to indicate to the driver by means of a visible, audible, tactile or otherwise perceptible signal the need to retake manual control of the vehicle with a sufficient time buffer before it returns control of the vehicle to the driver; an d 6. indicates that use is running counter to the system description. The manufacturer of such a vehicle shall state in the system description, in a binding manner, that the vehicle meets the requirements set out in the first sentence. (3) [...] (4) A person who activates a highly or fully automated driving function [...] shall also be deemed to be a driver. slide no. 3

4 Amendments Section 1b StVG: Section 1b: Rights and obligations of a driver using highly or fully automated driving functions (1) While a vehicle is being controlled by highly or fully automated driving functions as described in section 1a, the driver may divert his attention from other traffic and control of the vehicle; he must, however, remain sufficiently alert that he can comply with the obligation set out in subsection (2) at any time. (2) The driver shall be obliged to retake control of the vehicle without undue delay: 1. if the highly or fully automated system prompts him to do so or 2. If he realises or, because of obvious circumstances, must realise that the conditions for using the highly or fully automated driving functions for their intended purposes are no longer being met. slide no. 4

5 Situation in Germany concerning liability Section 7 StVG (always has) assigned liability for the operational hazard...to the vehicle keeper (German: Halter ). (the operational hazard is understood to be comprehensive and covers technical malfunctions of a vehicle) slide no. 5

6 Further amendments Section section 1c evaluation section 12 maximum amounts (liability of the vehicle keeper ) Sections 63a, 63b data processing in vehicles with highly or fully automated driving functions slide no. 6

7 Thank you for your attention! Bundesanstalt für Straßenwesen

8 Backup: Full text Section 1a StVG Section 1a: Motor vehicles with a highly or fully automated driving function (1) The operation of motor vehicles by means of a highly or fully automated driving function shall be permissible if this functio n is used for its intended purpose. (2) Motor vehicles with a highly or fully automated driving function within the meaning of this Act are vehicles equipped with technology that: 1. when activated, is able to control the motor vehicle including longitudinal and lateral control to perform the driving task (vehicle control); 2. is able, while the vehicle is being controlled in the highly or fully automated mode, to comply with the relevant traffic rules and regulations for operating a vehicle; 3. can be overridden or deactivated manually by the driver at any time; 4. is able to identify the need for the driver to retake manual control of the vehicle; 5. is able to indicate to the driver by means of a visible, audible, tactile or otherwise perceptible signal the need to retake manual control of the vehicle with a sufficient time buffer before it returns control of the vehicle to the driver; and 6. indicates that use is running counter to the system description. The manufacturer of such a vehicle shall state in the system description, in a binding manner, that the vehicle meets the requirements set out in the first sentence. (3) The aforementioned subsections shall be applied only to vehicles that are licensed in accordance with section 1 (1), meet the requirements set out in the second sentence of subsection (2) and whose highly or fully automated driving function: 1. is described in and complies with international provisions applicable within the territorial extent of this Act; or 2. Has been type approved in accordance with Article 20 of Directive 2007/46/EC of the European Parliament and of the Council of 5 th September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework directive) (Official Journal L 263, , p. 1). (4) A person who activates a highly or fully automated driving function within the meaning of subsection (2) and uses such a function to control the vehicle manually within the framework of the use of these functions as intended, shall also be deemed to be a driver. slide no. 8