Extensive need for action in the mobility sector
The coalition agreement between the CDU, CSU and SPD for the next four years contains numerous measures to promote mobility in Germany and some changes to transport policy. These measures are aimed at making mobility more environmentally friendly and efficient while at the same time strengthening the automotive industry.
Tax incentives for e-mobility and accelerated expansion of the charging station infrastructure
The coalition agreement provides for various tax breaks in the area of e-mobility. Details on the implications for e-mobility can be found in the separate article on this topic.
Should the planned measures actually lead to a significant increase in demand for electric vehicles and charging, the contractual framework conditions should be proactively adjusted to hedge against price fluctuations, supply risks or bottlenecks. Such efforts may include long-term supply contracts, flexibility clauses and risk-sharing measures with suppliers.
Germany to become the lead market for autonomous vehicles
In the area of transport policy, emphasis is being placed on creating the conditions for autonomous vehicles to go into regular operation. Trial regions for autonomous vehicles are to be developed and financed in partnership with the federal government to promote this innovative technology. Vehicles with remote control functions (teleoperated driving), however, are not mentioned in the coalition agreement. Last year, the Federal Ministry for Digital and Transport (BMDV) presented a draft bill for a Road Traffic Remote Control Ordinance (StVFernLV).
What seemed like a distant vision of the future just a few years ago is now coming within ever closer reach: vehicles driving on public roads without humans operating them.
With the rapid development of autonomous driving systems and the first real-life applications – for example in logistics, ride sharing and public transport – the mobility landscape is undergoing fundamental change.
Companies whose business model could be affected by autonomous vehicles in the future are well advised to deal with the associated legal issues early on – assuming they have not already done so.
The focus here is particularly on issues relating to the allocation of liability, data protection and IT and cyber security. Companies that make early strategic, legal and technological preparations will not only be able to secure competitive advantages, but also actively help shape regulatory uncertainties.
Use of mobility and vehicle data to improve multimodal mobility
The coalition plans to create the framework conditions for the use of data from various mobility systems, such as the heavy lorry toll and vehicle data, and to better network mobility services across different modes of transport. The aim would seem to be to strengthen multimodal transport solutions, i.e. the use of different means of transport along a route, and thus, for example, to make traffic flows more efficient. The coalition agreement does not contain any further details on this.
The exchange of data from various mobility systems will raise many questions, particularly with regard to data protection. However, multimodal mobility also offers companies the opportunity to develop innovative business models and open up new opportunities for cooperation between different mobility service providers, which must be carefully designed and secured from a legal perspective.
Investment in the digitalisation of rail transport and local public transport
The coalition is planning considerable investment in the digitalisation of rail infrastructure. One focus is on equipping the entire rail network with the European Train Control System (ETCS) and modernising signal boxes. These measures are intended to increase the safety and efficiency of rail transport and improve the capacity of the network. Another important point is the modernisation pact for local public transport. This pact includes increased regionalisation funds and the promotion of climate-neutral buses. The digitalisation of rail transport is an integral part of this pact to make public transport fit for the future.
The digitalisation of public transport poses considerable challenges in terms of the compatibility of existing transport and data protection laws with new digital technologies. In addition, establishing digital services requires close coordination between public bodies, mobility service providers and regulatory authorities to create a standardised legal framework.
Conclusion: Companies need to take action
Although many legal details of the planned measures are still unclear, it is beyond dispute that the coalition agreement will require extensive legal action to be taken in the mobility sector. Companies would be well advised to deal with the upcoming regulatory changes at an early stage and critically review their internal structures and contractual relationships. Topics such as data protection, liability issues and the adaptation of existing contracts in particular require a proactive approach to avoid potential risks.
