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Module 07 · ROAT-MOD-METHOD · method

The ROAT regulatory analysis framework

What has to be established, in what order, before a regulatory conclusion about automated driving can be trusted?

Stages 13Snapshot 2026-09-05Coder JASource dataset ROAT Regulatory Methoddata.csv · data.json

Most regulatory analysis of automated driving starts in the middle: it asks what the rules say before it has fixed which decision the analysis must support, which sociotechnical practice is actually being regulated, and whose problem definition is being adopted. The framework below is the order ROAT works in, written down so that a reader can see which stage a conclusion came from and which stages were done lightly.

Two things are worth saying plainly about it. It is an integration, not an invention: the outer process is Ronald Leenes's TechReg model, and what ROAT adds is the automated-vehicle module inside stages 5 to 8 and 12 — the N0-N4 functional-layer vector, the actor and function ontology, and the bridge and gate taxonomy that the other modules of this Observatory apply. And it is deliberately scalable: not every short doctrinal memo needs a full ethical or legitimacy chapter, and a framework that demanded one would simply be ignored.

This page is a methods statement, not a coded dataset. It carries no jurisdiction claims and therefore no per-row evidence; the sources it rests on are cited for the framework as a whole.

The framework

Thirteen stages

The numbering is the working order, not a ranking. Later findings may require reframing earlier stages; the process is iterative by design.

  1. 1

    Decision question & scope

    What concrete regulatory decision must the analysis support, at what level and on what date?

    ROAT operationalisation
    Fix the ADS/FAV use case, jurisdiction, legal snapshot date, ODD, test/deployment status, passenger/goods/service context and the precise decision to be supported.
    Required output
    Scope note + assumptions + decision question
    Leenes / TechReg basis
    SIENNA scoping; distinguish technology, artefact and application; avoid pitching the analysis too high in the technology stack.
    Automated-vehicle checks
    Vehicle vs ADS vs service/system; public-road use; testing vs ordinary deployment; commercial vs non-commercial use.
    Existing ROAT asset
    Cross-section 2026 – AV Normalisation; Intelligence Register
    Decision rule / caveat
    Do not code or diagnose gaps before the object and legal time-slice are fixed.
  2. 2

    Sociotechnical mapping

    Which features, functions and affordances of the technology matter legally and socially?

    ROAT operationalisation
    Map DDT, fallback/MRM, ODD, remote management/intervention, control-centre functions, data/logging, updates, cybersecurity, service organisation and lifecycle dependencies.
    Required output
    Function–actor–technology map
    Leenes / TechReg basis
    Essential characteristics, salient features and affordances; intended function and users; who drives the technology; interests and business model.
    Automated-vehicle checks
    Absence/change of human driver; remote functions; ODD limits; software/update lifecycle; system/service dependencies.
    Existing ROAT asset
    Roles & Concepts; Role Function Matrix
    Decision rule / caveat
    Regulate the relevant practice and sociotechnical context, not merely the label attached to the technology.
  3. 3

    Problem framing

    What is the problem represented to be, by whom, and what alternative frames exist?

    ROAT operationalisation
    Record competing frames before legal conclusions: safety, market access, innovation, road access, liability, labour, privacy/data, cybersecurity, local impacts and cross-border operation.
    Required output
    Problem-frame matrix
    Leenes / TechReg basis
    Problem frames reflect roles, interests, values, information and implicit assumptions; separate problem definition from solution.
    Automated-vehicle checks
    Manufacturer/operator frame vs authority/road-user/worker/insurer/local-community frames.
    Existing ROAT asset
    Source Audit; analytical case files
    Decision rule / caveat
    A preferred solution is not evidence that the problem was correctly framed.
  4. 4

    Stakeholders, impacts & ethics

    Who benefits, who bears risk or cost, and which rights/values are affected?

    ROAT operationalisation
    Map direct/indirect benefits and harms, distributional effects and vulnerable groups; distinguish empirical risk from normative conflict.
    Required output
    Stakeholder–impact–ethics matrix
    Leenes / TechReg basis
    SIENNA ethical assessment: scope; stratify; describe; identify impacts/stakeholders; identify and analyse ethical issues; evaluate/recommend.
    Automated-vehicle checks
    Safety, responsibility, privacy/surveillance, employment, autonomy/de-skilling, cybersecurity, market/data power, accessibility and vulnerable road users.
    Existing ROAT asset
    Roles & Concepts; People & Organisations
    Decision rule / caveat
    Stakeholder salience informs the analysis but does not by itself determine the legal outcome.
  5. 5

    Multi-level legal landscape

    What law already applies before assuming that new AV-specific law is needed?

    ROAT operationalisation
    Map international/UNECE, EU, national and where relevant local/private/standards layers; search by legal function/category, not only by technology name.
    Required output
    Legal hierarchy / regulatory-stack map
    Leenes / TechReg basis
    SIENNA legal method: scope; identify legal issues; analyse international/regional/national norms; identify gaps/challenges.
    Automated-vehicle checks
    Vienna Convention/WP.1; UNECE/WP.29; EU type approval; national road traffic/testing/operator rules; liability/insurance; AI/data/cybersecurity; standards/guidance.
    Existing ROAT asset
    Intelligence Register; ROAT Regulatory Map; Public Library
    Decision rule / caveat
    An apparent lacuna may disappear once inherited general law and adjacent regulatory layers are examined.
  6. 6

    ROAT functional-layer coding

    How deeply is automated driving legally embedded in each regulatory function?

    ROAT operationalisation
    Code technical approval; road access/operation; actor allocation; liability/risk; behavioural rules; infrastructure; international/cross-border recognition. Record evidence, rationale, confidence and caveat.
    Required output
    N0–N4 layer vector + asynchrony signal
    Leenes / TechReg basis
    TechReg provides the wider process; the N0–N4 vector is a ROAT-specific empirical module.
    Automated-vehicle checks
    Separate mature type approval from lawful road/service deployment; do not collapse operator, user, ADS and remote roles.
    Existing ROAT asset
    Layer Coding – AV History; Cross-section 2026 – AV Normalisation
    Decision rule / caveat
    Scores measure legal embedding, not regulatory intensity. Layer range is a descriptive asymmetry signal, not a statistical index.
  7. 7

    Disconnect / gap diagnosis

    Where and how does the fit between law and sociotechnical practice break?

    ROAT operationalisation
    Classify each alleged gap. Distinguish true lacuna from interpretive uncertainty, implementation gap, enforcement deficit, unintended effect or obsolete premise.
    Required output
    Gap/disconnection register
    Leenes / TechReg basis
    Descriptive disconnect; normative disconnect; business/use-model disconnect. Downstream symptoms include need for special law, uncertainty, over-/under-inclusiveness and obsolescence.
    Automated-vehicle checks
    Driver-based definitions; testing rules used for deployment; actor-role mismatch; commercial-use assumptions; outdated human-control premises.
    Existing ROAT asset
    Source Audit; jurisdictional legal analyses
    Decision rule / caveat
    A genuinely normative disconnect may require legislative choice rather than aggressive interpretation.
  8. 8

    Bridge / gate analysis

    What legal mechanism lets one regulatory layer function while adjacent layers remain less mature?

    ROAT operationalisation
    Identify deeming, equivalence/exemption, conditional permits, safety cases, service-level validation, operator licensing, mutual recognition, transitional rules and other bridges/gates.
    Required output
    Bridge/gate map + legal effect
    Leenes / TechReg basis
    TechReg moves from gap analysis to intervention; ROAT adds an AV-specific bridge/gate taxonomy for asynchronous legal embedding.
    Automated-vehicle checks
    Article 34bis; Article 39/equivalence; national testing permits; France safety-case/mise-en-service; Croatia service validation; GB staged permits.
    Existing ROAT asset
    Layer Coding – AV History; Cross-section 2026 – AV Normalisation
    Decision rule / caveat
    A bridge manages inter-layer mismatch; it does not by itself prove full regulatory normalisation.
  9. 9

    Justification & innovation posture

    Why intervene, whose interests are served, and what stance toward innovation is justified?

    ROAT operationalisation
    Test necessity, proportionality, distributional effects, capture risk, uncertainty, reversibility, observability and capacity to learn through monitored deployment.
    Required output
    Regulatory-justification memo + innovation posture
    Leenes / TechReg basis
    Market failure; public interests/rights; SHEC rationales; private-interest/capture critique. Innovation governance: precaution, permissionless innovation, responsible innovation, innovation principle.
    Automated-vehicle checks
    Safety benefits and residual risk; market access; learning-by-testing; irreversible physical harm; regulatory cost; incumbent/new-entrant interests.
    Existing ROAT asset
    Jurisdictional analysis; Draft Legislative Architecture
    Decision rule / caveat
    Reject the shortcut ‘new technology = new law’. The intervention needs an independent justification.
  10. 10

    Regulatory design & instruments

    Who or what should be regulated, with which instrument, and how will the control loop work?

    ROAT operationalisation
    Allocate obligations to the correct actor/function; combine public law, technical requirements, licences/permits, standards, contractual allocation, disclosure, code/design and insurance/compensation where appropriate.
    Required output
    Intervention-design matrix + enforcement loop
    Leenes / TechReg basis
    Rules/principles/standards; 8 Cs: command, competition, consensus, communication, contract, claims, code, compensation. Control loop: standard-setting, monitoring, behaviour modification/enforcement.
    Automated-vehicle checks
    Type approval; operator/service authorisation; control-centre duties; remote-management constraints; incident/in-use reporting; sanctions; insurance/compensation; software/update controls.
    Existing ROAT asset
    Draft Legislative Architecture; Amendment Draft – CPT 1329; Roles & Concepts
    Decision rule / caveat
    Always identify who sets the standard, who monitors compliance and who can impose or trigger corrective action.
  11. 11

    Legality, legitimacy, acceptance & accountability

    Is the intervention legally valid, institutionally legitimate, accountable and likely to be accepted?

    ROAT operationalisation
    Check legal basis/competence, procedure, participation, transparency, review/appeal, consistency, effectiveness, accountability forum and expected compliance/acceptance.
    Required output
    Legality–legitimacy–acceptance checklist
    Leenes / TechReg basis
    Legality is distinct from legitimacy. Legitimacy has input, throughput and output dimensions; acceptance is the sociological question whether regulatees treat the rule as binding; accountability sustains legitimacy.
    Automated-vehicle checks
    Ministerial competence; EU/national competence boundary; consultation/notification; authority discretion; review rights; proportional burden on operators/users.
    Existing ROAT asset
    Draft Legislative Architecture; Amendment Draft – CPT 1329
    Decision rule / caveat
    Legal validity does not establish legitimacy; formal compliance does not establish normative acceptance.
  12. 12

    Comparative pathway & portability

    What regulatory configuration/pathway does the jurisdiction represent, and what can travel across borders?

    ROAT operationalisation
    Compare layer vectors, leading/lagging functions, bridge/gate forms, institutional design and portability of safety evidence/approvals.
    Required output
    Pathway family + transferability assessment
    Leenes / TechReg basis
    TechReg is general; ROAT adds comparative vector/pathway analysis to test how different legal systems sequence normalisation.
    Automated-vehicle checks
    Technical/harmonisation-first; actor/institutional-first; deployment-assurance; testing-permit pathways; cross-border recognition of evidence and operation.
    Existing ROAT asset
    Cross-section 2026 – AV Normalisation; Layer Coding – AV History
    Decision rule / caveat
    Do not force jurisdictions onto a single linear ladder; configurations may have different leading layers.
  13. 13

    In-use monitoring & iteration

    What post-deployment evidence can falsify assumptions and trigger revision?

    ROAT operationalisation
    Define review triggers around incidents, in-use safety, ODD changes, software updates, cybersecurity, remote-management performance, enforcement outcomes and material service changes.
    Required output
    Review-trigger and feedback plan
    Leenes / TechReg basis
    TechReg is iterative; the Chapter 9 control loop and Chapter 10 failure analysis imply continuous monitoring, adjustment and accountability.
    Automated-vehicle checks
    SMS/in-use reporting; incidents/near misses; update governance; retraining/retesting; change control; operational data and enforcement feedback.
    Existing ROAT asset
    Monitoring Watchlist; Intelligence Register; Safety/remote-management records
    Decision rule / caveat
    Monitoring is part of the regulatory architecture, not merely research administration; evidence must feed back into earlier stages.

Integration verdict

What is kept, added and held apart

Keep from ROAT

N0–N4 functional-layer vector; actor/function ontology; bridge/gate analysis; pathway families; explicit evidence, confidence and caveat discipline.

Why

These are more granular for automated-vehicle legal architecture than the general TechReg model.

How it is used

Treat them as the core AV-specific module inside stages 5–8 and 12.

Add from Leenes

Sociotechnical scoping; problem framing; stakeholder/ethical assessment; explicit justification for intervention; innovation-governance posture; instrument choice/control loop; legality–legitimacy–acceptance–accountability.

Why

These supply the upstream and downstream stages that were less explicit in the current ROAT analytical architecture.

How it is used

Use them as mandatory questions, with depth proportionate to the task.

Keep separate

Operational research register Methodology and substantive regulatory-analysis methodology solve different problems.

Why

The existing Methodology tab governs evidence/workflow integrity, not the substance of AV regulatory analysis.

How it is used

Do not overwrite the operational Methodology tab; use this dedicated analytical tab.

Recommended pilot

Run one end-to-end case to test whether the framework generates additional decision-relevant insight without making ordinary analyses unnecessarily complex.

Why

The framework is expressly designed to be iterative and scalable from quick scan to deep analysis.

How it is used

Pilot on the Slovakia transition from conditional/test operation toward ordinary/commercial FAV deployment, then compare the result with France and Croatia.

Snapshot record

Provenance

Snapshot
ROAT-SNAP-METHOD-2026-09-05 · 2026-09-05 · data exported 2026-09-05
Nature of this page
A methods statement. It carries no jurisdiction claims, so it has no per-row evidence; the sources below support the framework as a whole.
Caveats
  • Depth follows the decision question, not a fixed page count; not every analysis needs every stage in full.
  • The operational research register methodology (evidence and workflow integrity) is deliberately kept separate from this substantive analytical framework.
  • The framework has not yet been piloted end to end; the recommended pilot is the Slovak transition from conditional test operation toward commercial deployment, compared with France and Croatia.
Applied in
Regulatory normalisation by functional layer; Post-type-approval deployment models; Human roles in automated driving

Sources

Regulating the new: Regulation, ethics, acceptance, legitimacy in the governance of technology

Cite this snapshot

ROAT Observatory, The ROAT regulatory analysis framework [ROAT-MOD-METHOD], snapshot 2026-09-05 [ROAT-SNAP-METHOD-2026-09-05], DOI 10.5281/zenodo.22409314. Jozef Andraško. /modules/regulatory-method/2026-09-05/