ROAT Observatory / Legal questions
01 / Legal questions
Must a vehicle have a driver?
An empty seat is the starting point. The allocation of tasks between the human, the system and the operator matters.
Four connected rules
Select a provision to explore its context
A moving vehicle must have a driver
The requirement also applies to combinations of vehicles.
A driver must be able to control the vehicle
Article 13 connects control with due care, required manoeuvres and adjusting speed to the circumstances.
System conformity with control requirements
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.
When is the driver requirement deemed satisfied?
- Use of ADS
- The vehicle is using an automated driving system.
- Technical rules
- The system complies with domestic technical regulations and all applicable international legal instruments concerning vehicles, equipment and parts.
- Operational rules
- The system complies with domestic legislation governing operation.
Territorial effect
The effect is limited to the territory of the Contracting Party where the relevant domestic rules apply.
What does “deemed satisfied” mean?
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.
Sources and scope of verification
- Vienna Convention: Articles 8 and 13
- Amendment to Article 1 and new Article 34 bis
- Depositary notification of acceptance and entry into force
- Treaty status and parties — UN Treaty Collection
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: