Advancements in Autonomous Driving Regulations in Germany

Germany has established itself as a leader in the global landscape of autonomous driving legislation, allowing vehicles to operate based on the stipulations of their homologation. This means that automobiles in Germany can perform any action that their approval permits.

The Federal Ministry of Digital and Transport (BMDV) has introduced a pioneering legal framework for driverless vehicles, specifically for Level 4 automation, which is applicable on regular public roads and not just in defined testing scenarios. Notably, the BMDV has stated that no specific use case is excluded from the law. This regulation has been in effect since July 1, 2022. However, the challenge lies in the vehicles themselves, as both passenger cars and trucks face hurdles in gaining approval.

The United Nations Economic Commission for Europe (UNECE) sets the requirements for vehicle approvals, ensuring that cars, regardless of their propulsion technology, must meet certain standards before being allowed on the road. The German initiative was instrumental in the approval of the Automated Lane Keeping System (ALKS) for Level 3 automation, which is applicable up to speeds of 130 km/h. Nevertheless, there remains a significant need for clearer definitions and standardization within the UNECE regarding what constitutes Level 4 autonomy. This standardization is crucial to eliminate the necessity for individual national regulations, such as those in Germany.

At present, most vehicles available to consumers operate under Level 2 automation, also referred to as assisted driving. This classification involves the vehicle taking control of acceleration and braking, as well as steering, while the driver is required to maintain constant oversight and accountability. Certain marketing terms suggest a higher level of automation, yet they do not reflect true autonomous capabilities.

Level 2 systems, such as BMW's Driving Assistant Professional, allow drivers to momentarily divert their attention from driving; however, these features often come with stringent conditions and are not universally applicable. The BMW i5, for instance, has received a special exemption for its Level 2 system that allows drivers to relax their grip on the wheel using eye-tracking technology.

Level 3 automation marks a significant advancement, permitting drivers to disengage from driving tasks within specific parameters. This level typically applies to low-speed scenarios on highways, allowing users to engage in other activities while the vehicle manages operations. The Mercedes EQS has recently been certified for Level 3 capabilities, enabling it to operate on highways under certain conditions, although limitations still apply, such as restrictions during nighttime or adverse weather.

As the industry progresses toward Level 4 automation, which represents true autonomous driving, experts forecast that this level could become commonplace in various passenger vehicles by the 2030s. However, achieving affordable and widespread implementation poses significant challenges, especially given the differences in regulatory environments across regions. In contrast to the more flexible certification processes in places like California, Germany's robust legal framework does not hinder the development of autonomous technology.