Autonomous vehicles law and regulation in Austria

Austrian law does neither provides a definition of "autonomous driving" nor does it explicitly refer to SAE levels. Rather, it defines specific situations in which the car is allowed to perform certain tasks autonomously.

It is therefore not possible to give blanket answers; the decision must always be based on the specific situation. However, it can be very generally stated that the permitted possibilities allow testing of AVs at SAE levels 3-5.

Specifically, the following testing options are available for AVs in Austria:

1. Autonomous minibuses for up to 20 km/h:

Car manufacturers, system developers, research institutions, traffic companies and public transport operators are allowed to test autonomous (fully automated) minibuses (classes M1, M2 and M3) on predefined public testing roads. The vehicle shall drive autonomously, but the test driver must be ready to regain control in case of critical situations.

2. Autonomous vehicles for passenger transport for up to 50 km/h:

Car manufacturers, system developers, research institutions, traffic companies and public transport operators are allowed to test autonomous (fully automated) vehicles (classes M1, M2 and L7e) for the purpose of transporting passengers on predefined testing areas (except high- and freeways). The vehicle shall drive autonomously, but the test driver must be ready to regain control in case of critical situations.

3. Autonomous vehicle for the transport of goods:

Car manufacturers, system developers, research institutions and freight transport companies are allowed to test autonomous (fully automated) vehicles (classes L7e, N1, N2 and N3) for the purpose of transporting freight on predefined testing areas (except high- and freeways). The vehicle shall drive autonomously and shall not exceed a maximum speed of 30 km/h (type-approved vehicles: 50km/h). The test driver must be ready to regain control in case of critical situations. Dangerous goods must not be transported.

4. Autopilot on high- and freeways with autonomous change of lanes:

Car manufacturers, system developers and research institutions are allowed to test a vehicle (classes M1, M2, M3, N1, N2 and N3) that masters autonomous change of lanes (only) on high- and freeways. The driver has to regain control before she leaves the high- or freeway. The test driver must by ready to regain control in case of critical situations.

5. Autopilot on high- and freeways with automatic entry and exit

Car manufacturers, system developers and research institutions are allowed to test a vehicle (classes M1, M2, M3, N1, N2 and N3) that can enter and exit high- and freeways autonomously. The test driver must by ready to regain control in case of critical situations. Lastly, the consent of the street operator is required.

6. Autonomous military vehicles:

The Federal Ministry of Defence is allowed to test autonomous (fully automated) military vehicles (classes N1, N2, N3, T1, T2, T3, T4 and T5). The test driver must by ready to regain control in case of critical situations. Purpose of testing should be: (i) autonomous driving, (ii) tele-operated driving, (iii) driving in convoy, (iv) steering equipment operated by external force.

7. Autonomous parking service for up to 10 km/h:

Car manufacturers, system developers, research institutions traffic companies and car park operators are allowed to test a vehicle (class M1) that can park autonomously on predefined testing areas. The driver is not required to be in the car, but she must monitor the process and be able to regain control in case of critical situations.

8. Automated work machines for up to 20 km/h:

Car manufacturers, street operators, system developers and research institutions are allowed to test autonomous (fully automated) working machines that operate for the purpose of carrying out work operations on predefined testing areas. The operator is not required to be in the machine, but she must monitor the process and be able to regain control in case of critical situations. 

General requirements for all testing situations:

• Insurance coverage
• The system must have been extensively tested both in simulations and on private property. The corresponding risk assessment must be submitted to the Federal Minister for Transport, Innovation and Technology
• The Federal Minister for Transport, Innovation and Technology has issued a certificate that the system has been tested sufficiently before testing.
• The street operator and the State Governor must be informed about the testing scenario and the time of the test.
• The vehicle must have an accident data logger

Yes, consumers may use retail cars with autonomous driving  features in the two situations described below. Again, it is not possible to give a blanket answer. However, it can be generally stated that the permitted features and situations allow consumers to use AVs at SAE levels 0-3.

1. Autonomous parking

Consumers can use cars (classes M1 and N1) on any public road that master autonomous (fully automated) parking at a maximum speed of 10 km/h. The driver is not required to hold the steering wheel or be in the car, but she must be able to monitor the process and regain control in critical situations.

2. Assistance system for autonomously keeping the lane on high- and freeways

Consumers can use cars (classes M1, M2, M3, N1, N2 and N3) that master autonomous lane keeping on high- and freeways. The driver is not required to hold the steering wheel, but she must monitor the process and be able to regain control in case of critical situations. In addition, the driver has to regain control before exiting the high- or freeway before and entering a construction zone. 

In Austria, liability for damages caused by (semi-)autonomously driving cars follows the general rules of liability for damages. Austrian law distinguishes between liability for damages due to negligent (or intentional) behaviour and strict liability of the car operator or the car manufacturer due to product liability law.

1. Liability of the driver for damages due to negligent (or intentional) behaviour while driving

If the driver does not follow the general rules of the Austrian traffic laws or the specific laws governing her duties when driving a (semi-)autonomous car and thereby causes an accident, she will be personally liable for these damages. Usually, insurance will fully cover these damages caused by harming other road users or pedestrians.

If, at some point in the future, the law will not require the driver’s attention (“eyes off” or “mind off”), there will be little to no room for driver’s liability due to negligent behaviour.  

2. Liability of the car operator

Austrian law provides for a strict liability of the operator of any car, autonomous or not. Such operator will be liable for any damages caused by the operation of the car, unless the car has been used without the operator’s consent. The operator remains jointly and severally liable if he failed to apply due care in preventing such use without his consent (e.g. a mother does not lock her car and her child secretly drives away and hits a pedestrian).

3. Liability of the manufacturer

The rules of product liability apply to software that is part of a physical product, for example a car. Thus, errors in the software that enables the car to drive autonomously and that cause damages, for example due to a malfunction, may lead to product liability of the car manufacturer.

The most interesting and important question in product liability law, however does not ask whether the software used in the car suffered a defect. Since autonomous cars are based on AI algorithms, that in turn, are based on statistical methods, any AI (to date) inevitably produces a certain number of false results (false positives or false negatives). Thus, any AI will sometimes “be wrong” in what it recognizes and what it deducts from the data it’s being fed. It is unclear how these situations will be handled with regard to product liability, but our take is that such risk cannot be imposed on the car manufacturer. Eventually, the car operator will carry this type of risk.

In Austria, insurance is mandatory for any car being operated on public roads. There are no additional requirements for autonomous cars. Test drivers are required to carry with them a written confirmation from an insurer that they are covered for damages under the vehicle operator's strict liability.

In Austria, warranty claims can only be made to the seller of the car, not to the manufacturer. Warranty claims require the car to suffer from a defect at the point in time it was delivered to the purchaser.

Car manufacturers will rather be subject to strict liability under the applicable product liability laws.