Autonomous vehicles law and regulation in Hungary

Yes, AVs (SAE levels 2-4) are regulated as non-autonomous (level 2) and as autonomous (level 3-5) vehicles for development purposes. Under Hungarian law, two ministerial decrees issued by the Ministry of Transportation, Communications and Development – KöHém Decree 5/1990 (IV. 12.) and KöHém Decree 6/1990 (IV. 12.) – contain provisions concerning non-autonomous and autonomous vehicles for development purposes [1] . These provisions include, among other matters, regulations on their operation, technical requirements, the qualifications of test drivers, and the conditions for public road testing.

What are the primary commercial applications of AVs currently permitted in your jurisdiction (e.g. ride-hailing, freight transport, last-mile delivery, public transit, etc)?

There are no special restrictions regarding the commercial use of non-autonomous vehicles (SAE Level 2) in Hungary.

Hungarian national legislation only regulates the use of autonomous vehicles (SAE Levels 3-5) for development purposes; however, EU legislation presents a European level authorization scheme, which permits other forms of use – including commercial application – of such AVs if the conditions set out in the applicable regulations are fulfilled. Autonomous vehicles that have been authorized through such procedure, and therefore have EU type-approval, can be operated on Hungarian streets.

EU level authorization for automated vehicles can be obtained in accordance with Regulation (EU) 2018/858 [2]  if the automated vehicle meets the requirements set out therein.

Similarly, authorization can be obtained in accordance with Regulation (EU) 2018/858 for fully automated vehicles of classes M and N in small series production (i.e. the number of units of a vehicle type registered, made available on the market or put into service annually in the European Union is limited to 1,500 units), however, such vehicles must meet additional criteria as set out in Regulation (EU) 2022/1426 [3] , and their uses cases are limited to the following:

a) vehicles, including dual-mode vehicles, designed and build for the transportation of passengers or goods within a specified area (e.g. “robotaxis”),

b) vehicles, including dual-mode vehicles, designed for the transport of passengers or goods or freight transport on a fixed route with fixed starting and ending points of a trip (“hub-to-hub”),

c) dual-mode vehicles that have a fully automated drive mode for parking applications in predefined parking facilities (“valet parking”).

Are there specific restrictions on AV usage, such as geofencing, operational limits, or specific road types where AVs are allowed or prohibited?

Under Hungarian national law the operation of autonomous vehicles for development purposes is restricted exclusively to testing and development purposes.

Is there any regulation for the operation of AVs on private grounds?

There are no regulation for the operation of autonomous or non-autonomous vehicles for development purposes on private grounds in Hungary.

Are there legal or regulatory safety parameters regarding the testing of AVs (SAE Levels 2-4) on public roads?

Yes. The safety parameters regarding public road testing are regulated by Decree 6/1990 (IV. 12.). The developer of autonomous vehicles for development purposes (level 3-5) must ensure that:

• The autonomous vehicle for development purposes under testing is suitable for road traffic, taking into account the characteristics of the innovative technology represented by the vehicle; 
• The autonomous vehicle for development purposes must be used in accordance with applicable laws and regulations, including  European and Hungarian rules for the emission of light and microwave radio waves by the vehicle’s environmental sensing equipment and communication systems; 
• The autonomous vehicle for development purposes must be in safe condition and shall meet all general operational requirements.  The autonomous vehicle for development purposes’ detection and control system must be well developed to enable safe response to all possible environmental and road user impact. Before testing on public roads the autonomous vehicle autonomous vehicle for development purposes development purposes must pass a test on roads closed to public traffic or on closed test tracks. 

All autonomous vehicles for development purposes, must have mandatory third-party liability insurance corresponding to the vehicle registration number or temporary registration number, or in the absence of such numbers, liability insurance equivalent to compulsory third-party liability insurance is required for the entire duration of testing.

In cases of accidents resulting from decisions made by crash algorithms, who can be held liable?

This requires a thorough case by case analysis, however as a main rule the developer of the autonomous or non-autonomous vehicles for development purposes is liable. Depending on the case the software developer of the crash algorithm may qualify as developer.

In your jurisdiction, is there a legal basis supporting the lawfulness of autonomous decisions that, in extreme situations, impact the physical integrity or life of passengers or other participants to protect one of the involved parties?

There is no such legal basis in Hungary.

Are there any legal implications regarding the manufacturer’s liability in the event of cyberattacks that affect the operation of AVs (SAE Levels 2-4) or cause harm to passengers?

In general the developer of the vehicle for development purposes is liable for the operation of the vehicle including for cybersecurity.

There is a special rule according to which the developer an autonomous vehicle for development purposes (SAE levels 3-5) must ensure that the automated control system and other vehicle systems of all autonomous vehicles for development purposes have an appropriate level of cybersecurity built-in to manage the risk of unauthorised access. The developer must apply the highest quality standards and technologies for the development of safety-critical vehicle systems.

Are there legal grounds authorizing the collection of external data and data from unspecified subjects for system improvement and learning, whether during testing or while in operation?

The Hungarian regulation only addresses collection of data regarding the autonomous vehicle for development purposes, therefore general data protection rules should be taken into account when collecting external data.

Is there any obligation for AV operators to collect and provide operation data, e.g. telemetrics?

Yes. The vehicle developer must submit to the Minister responsible for transport a report containing simplified statistical data on the results of the tests, the experience gained and the shortcomings which may endanger road safety, at least every six months (or as specified by the authority).

Autonomous vehicles for development purposes should be equipped with a data recording device. The data recording system should be able to record digital signals from the sensor and control system associated with the autonomous functions and the vehicle movement. The recording equipment must also be capable of reconstructing events in the event of an accident.

The data recording device shall be capable of recording at least the following information: 

• The name of the test driver, 
• Operational mode (autonomous or driver-operated),
• The speed of the vehicle, 
• GPS coordinates of the vehicle, 
• Operation of the vehicle’s lighting and light signalling devices, as well as the vehicle’s audible warning devices (e.g. horn).

The data shall be stored securely for 72 hours after the end of the test and all data listed above shall be sent to the competent authorities upon request, including any video and audio recordings made during the tests. The vehicle developer (i.e. the manufacturer of the autonomous vehicle or the developer of an automation software or system) shall cooperate fully with the competent authorities and the Minister responsible for transport. The data recorded must ensure that it is possible to establish who or what was driving the vehicle at the time of a road accident and how.  In the event of a road accident, all available data from 1 hour before the accident to 1 minute after the accident must be kept for three years from the date of the accident.

Where specific software is required to read the data, the vehicle manufacturer shall provide the authorities, free of charge, with the software necessary to read and evaluate the data.

What incentives, subsidies, or regulatory support exist for businesses developing or deploying AV technology?

The documentation on Hungary’s AI Strategy 2020-2030 (“the Strategy”) projects certain trends and sets out targets to be achieved in the future. As the Strategy highlights, regulatory environment on road testing of autonomous vehicles already exists, providing the possibility of road testing without territorial and time limits, subject to a prior authorisation process. This contributes to the ecosystemisation of the development already underway and enables Hungary to connect to the international development market for autonomous transportation and vehicle control. A key infrastructure element is the autonomous vehicle and smart city test track in Zalaegerszeg (ZalaZONE), which is capable of integrating the digital and physical worlds to create flexible testing opportunities.

The Strategy establishes that, in the future, it is desirable to create a supportive environment through the combined development of regulatory, R&D&I and infrastructure areas that will allow the different sectors of the autonomous ecosystem to develop together. The Strategy provides that the goal is to develop and operate the most efficient traffic system possible through the application of automation, machine learning and artificial intelligence and to create an operational environment for the autonomous ecosystem, responding to global technological and user trends.

It is expected that Hungary’s AI Strategy will be revised soon.

Based on the revised strategy for strengthening micro, small and medium enterprises (2019 – 20230) in Hungary, the Ministry of Culture and Innovation is responsible for the development of Science Parks, the aim of which is to foster the growth of domestic SMEs and large companies, start-ups and spin-offs in future-oriented technological fields such as – among others – self- driving vehicles.

What major AV projects, pilot programs, or business partnerships are currently active in your jurisdiction?

Magyar Közút Zrt., a state-owned company that operates and maintains the national public road network, is currently developing a cloud-based central system that integrates cutting-edge technologies to support the testing and operation of autonomous vehicles. The system will use real-time environmental sensing and centralized control, processing data from both vehicles and infrastructure sensors (such as cameras, radars, and lidars).

A key feature of the cloud-based central system to be developed under the project will be the real-time modelling of the environment as sensed by infrastructure and vehicle sensors through the central fusion of incoming higher-level data.

The project’s long-term vision is to centrally manage autonomous transport, ensuring reliable, energy-efficient, and coordinated vehicle operation while enhancing testing capabilities through a real-time cloud-based digital twin of the environment.

The first steps of the project (i.e. the installation of the first sensors on Hungarian motorways) are expected to be completed by fall of 2025.