The EU already has a comprehensive legal framework for type approval and safety of vehicles with automated or autonomous driving. Some EU member states have already enacted a framework for the type approval of SAE Level-3 (highly automated driving) as well as the operating license approval process for motor vehicles with autonomous driving function in specified operational design domains (ODD) and defined operation areas (DOA) for SAE-Level 4. Teledriving has so far only been regulated in individual member states such as Germany.
The following guidance is intended to provide a compact overview of the most important current regulations, direct regulations for automated and autonomous driving, national peculiarities, and future projects that regulate or are intended to regulate autonomous driving.
What do we mean when we talk about automated and autonomous driving?
When we refer to „automated“ driving we typically refer to SAE level 2 or 3 automated driving features (SAE level 3= highly automated driving). Key element here is that in these settings a driver is always present in the vehicle to take over automated driving systems at any time if necessary. As we will see the approval framework for these technologies is mostly EU type approval law driven but includes certain member state specific limitations.
When we refer to “autonomous” driving we refer to SAE level 4 autonomous driving, which means that there is no driver in the vehicle present anymore. For this, there are on the one hand specific regulations on EU level for type approval. This basically governs the permission to bring a vehicle onto the market which takes a more product compliance and safety related view. Member state laws include additional limitations concerning the actual permission to operate vehicles or services with autonomous technologies in a certain context or area (= basically the operating license in a defined operational design domain and defined operating area). while the operations are subject to a close technical supervision).
What is the legal framework for automated and autonomous driving in Europe?
General regulations for vehicles
Regulation (EU) 2018/858: governs the type approval of vehicles at EU level, i.e., which technical and administrative criteria new vehicle types must meet before they can be approved for the market. It thus forms a basis for the approval of vehicles with automated systems.
Regulation (EU) 2019/2144 (General safety requirements): lays down type approval requirements for motor vehicles, their trailers, and systems, components, and separate technical units with a view to general safety and the protection of vehicle occupants and vulnerable road users. It contains requirements that are relevant to automated and autonomous driving functions while not addressing AI governance explicitly.
International Regulations (UNECE): The EU type approval framework incorporates regulations from the United Nations Economic Commission for Europe (UNECE), some of which govern specific use cases of automated driving technologies, e.g. UN Regulation No. 157 ("Automated Lane-Keeping Systems, ALKS"), which is part of the type approval requirements.
Cross-cutting regulations at EU level (not automotive specific): With the AI Act, the EU has established a comprehensive framework for AI governance & documentation duties. They serve as a basis and include principles which are also relevant for type approval frameworks while more concrete regulations for type approval of AI-driven vehicle technology is drawn up at the moment. Also, GDPR as cross-sector data protection regulations applies to automated and autonomous driving for data protection for vehicle & operational data and is to be regarded at any time.
Special regulation for automated or autonomous driving
Commission Implementing Regulation (EU) 2022/1426: was published on August 5, 2022, and regulates the uniform procedures and technical specifications for type approval of the automated driving system (ADS) of fully automated vehicles.
Key aspects:
- Aims at vehicles that can be operated without a human driver in the seat or in which the ADS takes over but is limited to vehicles in certain specified use cases such as urban transport for passenger or freight transport (= SAE Level 4).
- Among other things, it specifies test scenarios, requirements in the event of system failures, and manufacturers' safety management systems.
- Approval is currently limited to “small series” vehicles (see Article 41 of Regulation (EU) 2018/858).
- Supplementary national regulations govern whether and, if so, to what extent such vehicles can and may be operated in a specific area of operation and what restrictions may apply (= operating license; see below for further details on national regulations).
Future developments & open issues
According to the European Commission, targeted changes to the type approval framework are planned to enable the approval of vehicles in (regular) unlimited series production with automated driving functions. The measures include the establishment of "regulatory sandboxes" and automated driving corridors starting in 2026. A more recent statement from the European Commission on the current strategy can be found here. The entire framework is still in flux.
What is the legal framework for automated and autonomous driving in Germany?
Germany has executed specific regulations amending the general Road Traffic Act (StVG) to govern certain types of automated and autonomous driving.
Over the past years, the StVG has been amended to gradually allow automated driving according to SAE definitions.
Level 3 (highly automated driving) is permitted if the driver uses the functions as intended and can take back control at any time.
A separate legal framework has been created for SAE levels 4, i.e., autonomous driving without a driver. For this, in 2021, Germany introduced its own law on autonomous driving by further amending the provisions of the StVG. The regulations are supplemented by the "Autonomous Vehicle Approval and Operation Regulation" (AFGBV).
What SAE-levels are permitted in Germany and under what condition?
Level 3 (highly automated driving)
- Vehicles with Level 3 functions may be operated in regular public traffic.
- With SAE-Level 3, the driver can temporarily transfer the driving task to the vehicle, but must remain ready to intervene at any time if the system requires it.
- Examples include systems such as Mercedes Drive Pilot (up to ~95 km/h on highways) – approved by the Federal Motor Transport Authority.
- Relevant norms for type approval are Regulation (EU) 2018/858, Regulation (EU) 2019/2144 and use case specific norms such as UN-ECE Regulation 157 (Automated Lane Keeping Systems (ALKS)) which are incorporated by reference into EU laws.
- The applicant is the manufacturer of the vehicle (OEM). Type approval is granted by the national authorities (Germany: Kraftfahrtbundesamt, KBA). Technical service providers are involved in the approval process who perform testing and assessment on behalf of approval authorities and validate parts of safety, software, and system compliance).
- In addition, the national authority verifies the specific member-state law requirements for SAE Level 3 (see Sections 1a-c StVG) and issues a corresponding approval, whereby the operational design domain (ODD) may be limited to additional parameters such as maximum speeds or similar.
Level 4 (fully automated driving without a driver)
- Level 4 vehicles can drive on public roads without a physically present driver.
- Prerequisite:
- Type approval of the vehicle (Federal Motor Transport Authority/KBA) according to Regulation (EU) 2018/858, Regulation (EU) 2019/2144 as well as Regulation (EU) 2022/1426.
- Approval of an operating license by the competent authority (e.g., certain urban areas, shuttle routes, etc.) which is governed by StVG and AFGBV for Germany.
- The applicant is the operator of the vehicle or mobility services. The operator must submit a safety and operating concept that guarantees safety and traffic flow (Safety Case). Approval includes, where the vehicle may operate (geo-fenced area), traffic environment, infrastructure suitability, remote/technical supervision concept, incident management & maintenance procedures.
- Key element of the regulation is the concept of technical supervision with a human-in-the-loop approach which means that a natural person has to oversee the operation at any time. The approval includes for example tasks & qualifications, monitoring duties (control center / monitoring unit), intervention options (deactivation), availability / organizational requirements, documentation obligations and reporting obligations in the event of malfunctions.
- In Germany, projects with autonomous shuttles are underway in several regions in public transport operations or test zones without drivers. These are subject to approval procedures as part of the autonomous driving law.
Level 5
- Fully autonomous driving without restrictions (no licensing practice currently in the EU).
What is the legal framework for so-called "teledriving"?
The Road Traffic Remote Control Ordinance ("Straßenverkehr-Fernlenk-Verordnung”, StVFernLV) was published on December 1, 2025, and creates the first uniform legal framework for teleoperated driving on public roads that applies throughout Germany. Previously, such journeys were only possible with individual exemptions.
The StVFernLV essentially regulates the following:
Permit for remotely controlled vehicles
- Remote operation of motor vehicles (cars, trucks, buses, etc.) in public traffic is legally recognized and permitted.
- A natural person (the remote operator) controls the vehicle remotely.
Permit requirement
- Vehicle owners/operators must apply for official permits (technical evidence, safety concepts, operating areas).
- Authorities check requirements similar to those for autonomous driving, but specifically tailored to teleoperation.
- Vehicles and their use must be approved by the authorities.
- There is a five-year trial phase during which teleoperation is to be tested and further developed.
Technical requirements
- Vehicles must be equipped with redundant safety and emergency systems (e.g., transition to a safe minimum risk function).
- Real-time monitoring, connection technology, and control station technology must meet defined requirements.
Operating range and speed limit
- Use is often restricted to approved operating ranges – similar to autonomous driving.
- Speed limits are often imposed (e.g., max. 80 km/h).
Qualification of the remote operator
- Minimum age, driver's license, training, and aptitude are defined.
- The remote operator is considered a "driver within the meaning of the Road Traffic Act (StVG)," even if they are not in the vehicle.
Relationship to existing road traffic laws
The StVFernLV is based on general provisions of the Road Traffic Act (StVG). Section 1b of the StVG now includes specific rules for autonomous driving. The Remote Control Ordinance clarifies that a remote operator is equivalent in this sense, even if they are not sitting in the vehicle.
In comparison, the law on autonomous driving introduced in 2021 and the associated AFGBV regulate Level 4 autonomous vehicles in public transport in approved operating areas. The StVFernLV supplements this framework:
- Autonomous vehicles (level 4) do not generally require continuous human control, but the manufacturer/operator must submit a safety and monitoring concept.
- In teleoperated driving, a person continuously controls the vehicle remotely; this mode is regulated separately and additionally.
In short: Teleoperation is not autonomous driving, but a different driving mode that has been explicitly regulated in a separate set of rules. Both regulatory areas coexist and concern different types of driving control in traffic.
What to take away?
Automated and autonomous driving in Europe and Germany is legally possible, but strictly regulated. Regulations exist at various levels and require different official approvals.
The EU type approval framework (e.g., 2018/858, 2019/2144) forms the basis. Specifically for autonomous vehicles, there is already a set of regulations, 2022/1426, that addresses the approval of automated driving systems, but it only applies to limited areas of application. Further adjustments are planned to enable series production, widespread use, and national implementation.
Special regulations in Germany govern specific requirements for each SAE level:
- Level 3 is currently permitted in regular public if type approval has been granted.
- Level 4 without a driver is possible, but only with type approval and in approved operating areas and technical supervision with a human-in-the-loop with operating permits/certificates of suitability.
- Full Level 5 without restrictions is practically non-existent today.
- Special regulations apply to teledriving which is not considered autonomous driving.
