ROAT Observatory / Topics and terms / Legal questions
ROAT Observatory / Legal analysis
How do traffic rules become requirements for ADS?
From a local traffic rule to system behaviour and evidence of compliance. Regulation (EU) 2022/1426, UN R185 and GTR26 through an appropriate-speed example.
Where is the link to local rules?
Assessing ADS requires connecting a particular traffic situation with the rule governing it. The EU regulation and both UN instruments provide a regulatory basis for this connection.
| Source | Provision | Requirement – brief paraphrase |
|---|---|---|
| Regulation (EU) 2022/1426 | Annex II, point 1.3 | ADS compliance with traffic rules of the country of operation. [1] |
| UN R185 | Paragraph 6.1.2.6 | Traffic-rule compliance in accordance with the application of relevant law within the area of operation. [2] |
| GTR26 | Paragraph 4.1.2.6 | A parallel requirement for traffic-rule compliance within the area of operation. [3] |
Author’s interpretation: identify a specific rule and explain its relevance to the driving task. Then determine the expected system behaviour and how it should be demonstrated. Similar provisions retain different legal mechanisms of application, explained in the UN R185 and GTR26 overview.
Case: speed through a blind bend
Illustrative case. ADS drives through a blind bend at 30 km/h. A sign sets a 30 km/h limit. The report records a successful test because the vehicle stayed within the limit. It does not assess sight distance or stopping distance.
Section 16(1) of Slovak Act No. 8/2009 Coll. requires adapting speed to the circumstances and enabling the driver to stop within the distance they can see. Subsection (5) addresses the limit indicated by a sign. Both requirements matter. [9]
Annex II, point 1.1.2(a), of the EU regulation also connects safe speed with respect for speed limitations. [1]
Conclusion for the case: a “no more than 30 km/h” criterion tests observance of the limit. The supplied data do not establish whether speed was appropriate for the bend. Missing evidence does not itself prove that the speed was inappropriate.
How can the rule inform a test?
The following is an authorial method for keeping legal meaning connected to technical verification. Each step should be understandable to someone who did not develop the system.
| Step | What to record in this case |
|---|---|
| Legal rule | Section 16(1) and (5), the applicable version, and the link to the applicable ADS requirement. |
| Meaning in context | Observance of the limit together with the ability to stop within the available sight distance under the given conditions. |
| Required behaviour | Selecting and adjusting speed in view of sight distance, system response and stopping capability. |
| Criterion and evidence | A justified assessment of sight distance and overall stopping distance, including response, braking, conditions and measurement uncertainty. |
| Scope of the conclusion | What the results establish for the tested system version, scenario and conditions. |
Simply replacing the limit with an arbitrary 20 km/h target is insufficient. A lower speed may be an appropriate assessment outcome, but it needs evidential support. Likewise, failing a conservative internal criterion does not automatically establish a legal breach: the criterion’s relationship to the legal requirement must first be explained.
Why is a “pass” insufficient?
UN R185, paragraph 7.3.2.16, and GTR26, paragraph 5.3.2.16, require justification of acceptance criteria. Paragraphs 7.3.3 and 5.3.3 respectively connect requirements with claims, arguments and evidence in the safety case. Whether a test assesses a property needed for compliance is therefore legally significant. [2] [3]
The EU regulation’s Annex III, Part 2, also covers acceptance criteria and decision-making under national rules: points 3.5.5.2(c) and 3.5.5.3(v). Point 4.1.1 includes checking real-world behaviour. [1]
Recommendation to the project: first check whether existing records permit an assessment of sight and stopping distances. If so, further analysis may suffice. If decisive data are missing, design supplementary testing to address that gap. Separately identify who has legal authority to require such evidence and through which procedure.
What does application of local law mean?
UN R185 and GTR26 refer to the application of relevant law. The GID proposal used here, GRVA-26-09 section F7, explains this through legal practice and case law. It addresses complex situations and tensions between rules; ordinary human rule-breaking is not permission for a manufacturer to ignore the law. [2] [3] [7]
Author’s interpretation: where a rule is unclear, document the chosen interpretation and remaining questions. Test results can support claims about vehicle behaviour, but cannot themselves resolve a dispute over legal meaning. This approach does not prescribe the algorithm through which ADS must decide.
What follows for legal assessment?
Section 16 is expressed as a driver’s duty. When assessing ADS, the rule’s relevant content informs required system behaviour through the applicable regulatory framework. This does not by itself determine who is liable for an event or who may operate the vehicle. [1] [9]
The assessment should identify the rule, its meaning, required behaviour and evidential scope. When the scenario, software or a decisive assumption changes, examine the effect on these connections. The outcome may confirm the original conclusion, narrow it or identify a need for further evidence.
Sources and versions
UN paragraph numbers refer to the listed source documents underlying the adopted texts. Adoption is established by the WP.29 report; the original proposal documents alone do not explain that status. English explanations of Slovak law are the author’s paraphrases.
- Regulation (EU) 2022/1426Consolidation of 24 March 2026. Article 1; Annex II, points 1.1.2(a) and 1.3, p. 12; Annex III, Part 2, points 3.5.5.2(c), 3.5.5.3(v) and 4.1.1, pp. 36–37.
- UN R185: ECE/TRANS/WP.29/2026/137Basis of the adopted text, June version. Introduction and paragraph 1, p. 3; paragraphs 2.3 and 2.12, pp. 4–5; paragraph 6.1.2.6, p. 13; paragraphs 7.3.2.16 and 7.3.3, pp. 33–35; assessment under section 8.
- GTR26: ECE/TRANS/WP.29/2026/139Read with amendments in WP.29-199-08. Paragraphs 3 and 4.1, pp. 22–23; paragraphs 5.3.2.16 and 5.3.3, pp. 43–44; paragraph 6.3.3.1, pp. 53–54.
- GRVA-26-09: proposed Guidance and Interpretation DocumentThe version used has 69 pages; section F7, pp. 13–14. Related amendments are listed on the session page. Guidance content and publication are distinct from adoption of a normative requirement.
- Slovak Act No. 8/2009 Coll., section 16(1) and (5)Version effective from 1 to 30 September 2026. Appropriate speed and the limit indicated by a traffic sign.