From a purely technical perspective, autonomous or automated driving is already well advanced. Field trials have been under way for some time now, and cars are almost ready to navigate traffic on their own. Beyond the complex technical issues, however, there are still a number of – no less complex – legal and ethical issues to be clarified before such vehicles can be registered.
Autonomous driving is divided into five different levels:
Level 1: driver assistance
In vehicles with simple assistance systems, the driver must be alert at all times. Assisted driving mainly involves traffic jam assistants and lane assist and distance control functions.
Level 2: partial automation
Also in partially automated cars, drivers must permanently monitor the assistance systems, for example when the car takes over longitudinal and lateral control for a certain time. Monitoring by the driver is still required even when the system parks automatically with the aid of the parking assistant.
Level 3: conditional automation
Vehicles with conditional automation do not need to be permanently monitored when they take control of longitudinal or lateral steering. If the driver is warned by the system, however, hands must return to the steering wheel.
Level 4: high automation
Highly automated vehicles can recognise complex traffic situations such as road works and deal with them without the driver’s help. There is no need to monitor the system. Drivers must nevertheless be fit to drive, and must be in possession of a driving licence so that they can still intervene in an emergency.
Level 5: full automation
Fully autonomous cars have neither a steering wheel nor pedals. Their systems are able to perform all functions without the need for human supervision. There is no human involvement in the driving process, and passengers do not need to be fit to drive or in possession of a driver’s licence.
Regulations in Switzerland
According to the Swiss Road Traffic Act (RTA), drivers in road traffic must control their vehicles at all times in such a way that they can fulfil their duty of caution (Article 31(1) RTA). The responsibility lies entirely with the driver. In addition, the Swiss Traffic Regulations Ordinance (TRegO) states that drivers must pay attention to the road and traffic and not release their hold on the steering wheel (Article 3 TRegO). Based on the current law, cars with levels 3, 4 and 5 are therefore not permitted in Switzerland. Legislators will need to create the corresponding legal basis if this situation is to be changed to reflect the latest technical achievements. This has already happened to a certain extent in other countries.
Planned changes to the law
The Federal Council approved a partial revision of the RTA in mid-2020, stating the following on the subject of autonomous:
Vehicle assistance systems are being constantly improved. In future, it will be possible to drive a car in which the driver is no longer required to constantly monitor what is happening. In order to be able to react quickly to such developments, the Federal Council will now be given the authority in the RTA to issue the specific regulations at decree level. The framework conditions that must be observed by the Federal Council in exercising its authority will also be defined. The revision also creates a legal basis for the Federal Roads Office (FEDRO) to authorise the testing of fully automated vehicles on public roads, which will make it possible to gain important insights.
