Level 3 autonomous driving in europe: exploring regulations and legal framework

11.10.2023 07:22

1. Overview of Level 3 autonomous driving

Level 3 autonomous driving is a significant milestone in the development of self-driving technology. According to SAE International, Level 3 falls under the category of “conditional automation,” where vehicles have environmental detection capabilities and can make informed decisions on their own​¹. Unlike Level 2 systems, which require human intervention, Level 3 vehicles can perform certain driving tasks without constant input from the driver​².

One important aspect of Level 3 autonomous driving is its reliance on artificial intelligence (AI) systems. These AI systems process information from advanced sensory systems such as LiDAR and radar to identify the vehicle’s location, plan routes, and respond to road signs and hazards​¹. The decisions made by these AI systems are crucial as they can impact human lives​¹.

It’s worth noting that while Level 4 automation exists in prototype form and is currently being tested, Level 3 represents the highest level of automation that is publicly available at present​¹. Manufacturers claim that some models already include level 4 technology, but this interpretation is not universally accepted by independent experts​¹. Current level 4 implementations are limited to predefined routes and specific circumstances like shuttle bus services in retirement communities or university campuses​¹.

In Europe, Audi has introduced the first production-level 3 vehicle with Traffic Jam Pilot in their flagship sedan A8L. However, due to shifting regulations in the United States towards state-by-state mandates for autonomous vehicles, it remains classified as a level 2 vehicle in America but will be fully rolled out as a level 3 vehicle in Germany​².

2. Current regulations for Level 3 autonomous driving in Europe

Europe has been actively working on establishing regulations and a legal framework for Level 3 autonomous driving. The European Union (EU) has recognized the potential benefits of autonomous vehicles and has taken several initiatives to support their development and deployment​³. One significant development is the new Vehicle General Safety Regulation, which came into effect in July 2022, establishing the legal framework for approving automated and fully driverless vehicles with Level 3 automation and above in the EU​⁴.

Prior to this regulation, different European countries had varying regulations for Levels 3 and 4 automation​⁵. In Germany, for example, road safety legislation since 2017 allowed up to Level 3 automation under specific conditions that include technical preconditions such as complying with traffic regulations​¹⁵. France and Germany were the first countries in the world to establish a legal framework for deploying autonomous vehicles in regular services​⁵.

The EU’s regulatory framework also includes standards developed by organizations like CEN and CENELEC, which focus on harmonizing technical standards related to autonomous driving technologies including communication systems, cybersecurity, and functional safety​³. Euro NCAP also evaluates and provides safety ratings for new vehicles sold in Europe, including those equipped with autonomous driving technologies​³.

3. The new Vehicle General Safety Regulation

The new Vehicle General Safety Regulation, which came into effect in July 2022, has a significant impact on the approval and operation of Level 3 autonomous vehicles in the EU​⁴. This regulation establishes a legal framework for approving automated and fully driverless vehicles with Level 3 automation and above in the European Union​⁴.

One key aspect of the regulation is its alignment with United Nations level rules on Level 3 automation​⁶. This means that EU legislation for Level 3 autonomous vehicles is consistent with international standards, ensuring harmonization and facilitating global deployment of these vehicles​⁶. The technical rules set out by this regulation cover testing procedures, cybersecurity requirements, data recording rules, safety performance monitoring, and incident reporting requirements for manufacturers of fully driverless vehicles​⁶.

In addition to aligning with international standards, the Vehicle General Safety Regulation also introduces mandatory advanced driver assistance systems (ADAS) to improve road safety​⁶. These systems include intelligent speed assistance, reversing detection with camera or sensors, attention warning for driver drowsiness or distraction, event data recorders, cybersecurity measures, emergency stop signals, lane-keeping systems for cars and vans, and technologies for better recognition of blind spots and warnings to prevent collisions for buses and trucks​⁶.

By implementing these regulations and mandating advanced safety features in Level 3 autonomous vehicles, Europe aims to enhance road safety while promoting the development and deployment of autonomous driving technologies across member countries.

4. Challenges and considerations for implementing Level 3 autonomous driving in Europe

Implementing Level 3 autonomous driving in Europe presents several challenges and considerations that need to be addressed. One of the main practical challenges is ensuring compliance with the strict safety standards that apply on European roads, especially in regional and local public transport​⁵. Meeting these standards requires monitoring vehicle systems, integrating emergency plans, and ensuring that the vehicles can respect normal traffic rules and regulations​³⁵.

Ethical considerations also come into play when deploying Level 3 autonomous vehicles. As the level of automation increases, so does the decision-making capacity of the technology, including ethical decisions such as choosing between different potential collisions​¹. There is a debate about whether governments should regulate to standardize decision-making criteria or set a minimum moral standard for these algorithms​¹. Balancing manufacturers’ freedom to innovate and desire for commercial gains against general public safety concerns is also an important ethical consideration​¹.

The deployment of Level 3 autonomous vehicles can have potential societal impacts. For instance, it may be more beneficial for manufacturers to design vehicles that prioritize the safety of the car and its passengers, which may not always result in the most ethical course of action from a utilitarian perspective​¹. Additionally, liability issues arise during transition phases between automated and manual driving modes​¹⁷. Determining who can be held criminally or civilly liable depends on the level of automation and whether control lies with the human driver or machine​⁷.

Addressing these challenges and considering these factors will be crucial for successfully implementing Level 3 autonomous driving in Europe while ensuring safety, ethically sound decision-making by automated systems, and fair allocation of liability. The legal framework provided by new regulations like the Vehicle General Safety Regulation plays an essential role in guiding this implementation process while harmonizing European regulations with international standards​³⁴.

5. Liability rules and insurance implications for Level 3 autonomous driving

Liability rules and insurance implications for Level 3 autonomous driving in Europe are crucial aspects to consider when accidents or incidents involving these vehicles occur. The allocation of liability between drivers, manufacturers, and other stakeholders depends on the level of driving automation​¹.

In the case of level 3 or 4 vehicles, where there is a transition phase between automated and manual driving modes, issues with liability can arise​¹. Manufacturers have tried to place liability with the driver at level 3, while at level 4 they have largely claimed responsibility for crashes​⁷. However, determining who is responsible in cases of accidents can be challenging due to the nature of cognitive transitions between the vehicle and driver​⁷.

According to German liability law, third-party liability and product liability are unambiguous. The owner is generally defined as the liable party in traffic-related incidents, and third-party vehicle insurance is compulsory​⁸. Under product liability rules, if a malfunction occurs when a level 3 system is activated and an accident happens, the vehicle manufacturer is held liable​⁸. This ensures that injured parties can be compensated for their losses.

There have been debates about implementing a system of strict liability, where even in the absence of evidence of fault, the owner or user of the vehicle would automatically be liable for any damage​¹. Alternatively, a first-party insurance system has been suggested where victims obtain compensation directly from their vehicle’s insurer while non-motorized road users are protected by third-party liability​¹⁹. These different approaches depend on factors such as the degree of vehicle automation and how much control drivers had over their vehicles’ behavior​⁹.

Insurance requirements for Level 3 autonomous vehicles also need to be considered. Traditional insurance companies have established policies for these vehicles with premiums similar to those for non-autonomous vehicles unless access to SDV data is granted by drivers. Accessing data on accidents becomes important in determining accident liabilities​⁷. Improving malfunction detection through on-board and external cameras and sensors is a challenge that manufacturers are addressing to better identify the origin and time of malfunctions​⁷.

6. Comparison of European regulations with international standards

Europe is actively involved in shaping the regulatory framework for autonomous driving technologies​³. The European Union (EU) has recognized the potential benefits of autonomous vehicles, such as improved road safety, increased efficiency, and reduced emissions. To facilitate their development and deployment, the EU has established a legal framework governed by the General Safety Regulation​³. This regulation sets out requirements for the safety of motor vehicles, including those equipped with advanced driver assistance systems and autonomous features. It defines different automation levels based on the SAE International classification, with Level 3 and higher considered highly automated or autonomous​³.

In comparison to Europe, other regions such as North America and Asia have also developed their own regulations for level three autonomy. For example, France and Germany were the first countries in the world to establish a legal framework for the deployment of autonomous vehicles in regular services​⁵. France allows Level 4 autonomous vehicles without drivers on board to operate in mixed traffic since September 2022 but still requires remote control​⁵. In the UK, Level 3 autonomous vehicles are allowed to drive in public traffic but require a safety driver inside or outside the vehicle​⁵.

While Europe is making progress towards harmonizing regulations and standards for autonomous vehicles, member states may still have some flexibility in implementing certain aspects within their territories​³. In terms of liability rules and insurance implications, there are debates about determining responsibility between drivers and manufacturers depending on the level of automation​¹⁷. Different approaches have been suggested, including strict liability or a first-party insurance system​¹.

It is important for Europe to consider best practices from different jurisdictions when comparing its regulations with international standards. Collaborative efforts among regions can help identify similarities, differences, and areas where harmonization can be beneficial. The continuous evolution of the legal landscape for autonomous vehicles reflects a commitment to addressing unique challenges while ensuring safety and promoting innovation in this rapidly advancing field​³.