The vehicle is approved. Can it go on the road?

1. Start with what the document establishes

“The vehicle is approved” may refer to whole-vehicle approval, approval of a vehicle with regard to a particular system, or another legal act. Article 3 of Regulation (EU) 2018/858 distinguishes these objects. Within the scope of its Article 1, Regulation (EU) 2022/1426 concerns approval of fully automated vehicles with regard to their ADS. [1] [2]

Author’s interpretation. A project assessment therefore starts by matching the document to a particular vehicle, feature and configuration. Identify the approval route, the object of the decision and the annexes specifying its conditions. ADS approval does not by itself establish compliance with every whole-vehicle requirement. Recital 2 of Regulation 2022/1426 expressly anticipates this distinction. [3]

For the city, a practical question is whether the certificate covers the configuration it intends to buy. Replacing the safety driver with remote support may change the assumptions governing use even when the bodywork, route and commercial name remain the same.

2. An approved system has defined conditions of use

Legal basis. ODD in Article 2(16) of Regulation 2022/1426 denotes the operating conditions for which ADS is designed. Annex II, point 1.3 requires compliance with the traffic rules of the country of operation. Annex IV, Addendum, point 8, Addendum 2 records the countries and areas covered by the declared assessment against local rules. [2]

Author’s interpretation. ODD cannot therefore be reduced to a line on a map. Two journeys along the same street may differ in weather, traffic or the conditions under which the system is intended to function. For a new route, compare its characteristics with the documentation and explain which assumptions remain satisfied.

Suppose the city extends its service through a different junction layout. The legal question is whether the approval and supporting evidence cover that use. Extending a route does not itself determine whether approval must be amended, evidence supplemented or existing compliance simply demonstrated. The answer depends on the particular change and applicable rules.

3. Who provides driving, assistance and the transport service?

Legal basis. Article 2(24) and (25) of Regulation 2022/1426 defines the on-board and remote intervention operator roles; ADS continues to perform the dynamic driving task during those activities. In Slovakia, section 5(6) of Act No. 8/2009 Coll. links supervision to monitoring traffic and taking over driving safely and in time, remotely where applicable. [2] [7]

Author’s interpretation. These provisions need to be reconciled for a particular arrangement by reference to their subject matter and legal effects. A person providing passenger assistance by telephone does not thereby demonstrate an ability to discharge a duty to take over driving. Equipment, authority and actual activity matter. The general statement “the vehicle has an operator” does not resolve the issue.

A regular service also raises a separate question about the legal framework for carriage: who provides it, which category of transport it falls under and which duties follow. A technical vehicle document does not fully answer questions about passenger assistance, service accessibility or handling an event on the route. Specific transport authorisations should be identified after the service and jurisdiction have been defined.

4. Trial operation serves a particular purpose

Legal basis. In Slovakia, section 49(1)(c) of Act No. 106/2018 Coll. provides for authorised test journeys of unapproved automated and fully automated vehicles during development, production or approval. Subsection (6) allows conditions including territory, route and time; subsection (8)(a) limits use to trial-operation purposes. [6]

Author’s interpretation. Trial authorisation cannot therefore be assumed to authorise an ordinary regular service. Assess whether the intended activity still corresponds to the test and its conditions. Equally, the framework for unapproved vehicles should not automatically be applied to every verification journey of an approved shuttle. In both cases, the actual object and purpose of the journey determine the assessment.

5. Any additional requirement must also withstand EU-law scrutiny

Legal basis. Article 6(5) of Regulation 2018/858 protects the placing on the market, registration and entry into service of compliant products, with exceptions including those in Chapter XI. Recital 7 of Regulation 2022/1426 leaves room for traffic and operational-safety rules, expressly subject to Regulation 2018/858 and other EU law. [1] [3]

Author’s interpretation. Distinguishing approval from operation does not itself create another authorisation procedure. If an authority requests a further document or assessment, its competence, the legal basis and the subject of scrutiny must be identifiable. A dispute may also require examining whether an operational condition in substance repeats or challenges a harmonised technical assessment.

The nature and effect of the requirement matter. Clarifying the organisation of a particular service and demanding fresh proof of an already approved technical characteristic require different justifications. A safety objective does not itself substitute for a statutory power.

6. Where does Article 34 bis fit?

Legal basis. Article 34 bis of the Vienna Convention connects satisfaction of the driver requirement when ADS is used with technical and operational rules. Its final sentence limits its territorial effect. The amendment entered into force on 14 July 2022. [4] [5]

Author’s interpretation. This connects the topic to ROAT’s first legal question: when is the driver requirement deemed satisfied? For this second topic, the point is that the technical and operational conditions must be considered together. The article does not itself create a universal operating authorisation or empower a particular authority to introduce one.

Extending a service into another country requires examining the effects of approval and the rules applicable on the new segment. A cross-border situation does not automatically require repeating the entire approval process. Equally, a technical certificate does not answer every question about the cross-border service.