An empty seat is the starting point. The allocation of tasks between the human, the system and the operator matters.
Jozef Andraško · Vienna Convention on Road Traffic
Illustrative scenario: passengers in a vehicle with an unoccupied driver’s seat.The illustration was created using ChatGPT (OpenAI), based on the author’s instructions and feedback.
Four connected rules
Select a provision to explore its context
Article 8(1)Legal rule · paraphrase
A moving vehicle must have a driver
The requirement also applies to combinations of vehicles.
The provision refers to conditions under international technical instruments. For systems outside those conditions, it addresses the driver’s ability to override or switch them off.
The article’s express effect concerns the driver requirement and the stated conditions. Allocating duties during a police check or after an accident requires further legal analysis.
Hypothetical case
A minibus crosses a border
It operates with ADS in State A under satisfied conditions. Its route is extended into State B.
What needs reassessment?
The applicable rules, operational conditions and effects of technical approval in State B.
What is the position in Slovakia?
Under section 2(2)(x) of Act No. 8/2009 Coll., the definition of a driver also includes a person supervising a vehicle that uses an automated driving system. Section 5(6) requires that person to take over driving safely and in time upon a system request or, where circumstances require, without a request, remotely where applicable. They must monitor traffic for that purpose.
The existing text was checked as of 13 September 2026 against the version effective from 1 September 2026. The following block explains the amendment promulgated as Act No. 248/2026 Coll., effective from 1 December 2026. Article 34 bis of the Convention and domestic driver status are assessed separately.
Read the 2018 Convention text with subsequent amendments, and the proposed Article 34 bis with its acceptance notification. Verification covers the cited provisions. Particular operations and cross-border treaty relationships require separate assessment.
Cited provisions checked: . This date concerns the cited Convention provisions; the separate check of Slovak law is stated in the national-context section. Technical page updates do not change these dates.
ANDRAŠKO, Jozef. Must a vehicle have a driver?. ROAT Observatory. Substantive review: 8 September 2026. https://roat.sk/legal-questions/must-a-vehicle-have-a-driver/
