Autonomous vehicles law and regulation in Hungary

1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?

Testing Levels 3-5 AVs on public roads in Hungary is permitted only where specific prior authorisation has been obtained from the Ministry of Traffic – a mandatory registration must be obtained, which the Ministry may refuse, if the proposed testing does not comply with certain legal and technical requirements.

2. Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?

No, consumers are currently not permitted to use Levels 3-5 AVs on public roads in Hungary. 

3. Who has liability for damages caused by a car in automated driving mode?

Owner: Liability of the owner would be determined by existing general liability laws as there are no rules specific to AVs. 

Driver / operator: The vehicle operator, defined as a person, in the interest of which the vehicle is operated (i.e. the driver or the owner of the vehicle), is responsible for damages caused by the vehicle. This can lead to criminal liability. 

Manufacturer: Liability of the developer (i.e. the manufacturer of the vehicle or the developer of an automation software or system) of the AV would be subject to existing general strict liability rules for damages caused by the AV in “autonomous mode” unless it can prove that the damage was unavoidable. The liability will only arise when the damages are caused by a faulty part or solution applied by the developer.

4. Are there any specific mandatory insurance requirements for AVs?

There are no mandatory insurance requirements that apply specifically to the use of AVs in Hungary, but there are general mandatory insurance requirements that apply to all vehicles driving on roads in Hungary. Therefore, to the extent that AVs are tested on public roads in Hungary, the test applicant must have in place compliant insurance. 

5. Is there general liability based on warranty claims against the manufacturer for AVs?

We are not aware of any legal requirements in Hungary that apply specifically to warranty claims in respect of AVs. However, there is existing general liability based on warranty claims against the manufacturer of the AV. 

Portrait of Martin Wodraschke
Martin Wodraschke
Partner
Budapest
Portrait of Márton Domokos
Márton Domokos
Co-ordinator of the CEE Data Protection Practice, CMNO
Budapest