From 1 March 2025, motorway pilots, parking pilots and full autopilots may be used in motor vehicles in Switzerland. A new ordinance regulates the approval and use of motor vehicles with an automation system and the processing of data related to such vehicles (Art. 1 Verordnung über das automatisierte Fahren, VAF, SR 741.59).
The obligations address manufacturers, but directly or indirectly also the manual drivers or operators, i.e. the natural persons who supervise the vehicle during operation (Art. 34).
The regulation distinguishes three types of automation systems (Art. 2 VAF):
- Highway Pilot (Art. 23): In the case of a vehicle with a takeover request, the automation system informs the driver when it reaches the limits of its design-related operating range. Drivers of an automated vehicle may release the steering device on motorways with separate carriageways and leave the operation of the vehicle to the automation system (from Level 3 driving capabilities, see e.g. at Mercedes Benz). However, drivers must remain ready to resume vehicle operation themselves at any time if the automation system requests them to do so or if it is apparent from obvious circumstances that the conditions for safe and traffic-compliant use of the automation system are no longer met.
- Park Pilot (Art. 25 ff.): In the case of a vehicle with an automation system for parking, the automation system maneuvers the vehicle without a driver and without their supervision from the transfer location to the parking space and from the parking space to the transfer location (so-called automation level 4). For this purpose, cantons or municipalities can (on request) provide defined and signposted parking garages and parking spaces.
- Autopilot (Art. 33 ff.): In the case of a driverless vehicle, the vehicle with an automation system independently covers certain routes (not only for parking) from its starting point to its end point (so-called automation level 5). The driverless vehicles must be monitored by an operator in a control center. If the vehicle cannot resolve a situation itself, the system prompts the operator to suggest a driving maneuver to the vehicle. The transport of goods and the coverage of the so-called “last mile” in passenger transport are conceivable as a use case. The cantons can approve corresponding routes at their own discretion. The Federal Roads Office (ASTRA) is preparing instructions for the assessment of requested routes and is forming an accompanying group that can be used by the cantons (see Federal Council press release of December 13, 2024).
The regulation provides concrete requirements for the capabilities of the respective automation system (Art. 3), e.g. regarding the ability to actually drive the vehicle, to recognize framework conditions (e.g. meteorology, time of day, light intensity, marked traffic areas, etc.), the possibility of deactivation at any time and intuitively, maneuvers to minimize risk, etc.
Central is the definition of the design-related area (Art. 4): This refers to the area for which the use of a specific automation system is technically intended. In English, this corresponds to the Operational Design Domain (ODD) and includes the actual operating conditions. This description must be included in the type approval. And it must make it possible to compare the system properties with the intended real operating conditions. Especially for driverless vehicles and vehicles with an automation system for parking, this check is essential for the granting of an approval. Discrepancies lead to restrictions of the requested area of application or exclude the intended use of the vehicle. If, for example, it has not been proven for an automation system that it can perform lane change maneuvers, driving on routes with several lanes and with single-lane routes before intersections may not be possible without further ado (see ASTRA explanations VAF of December 13, 2024, p. 16).
The regulation also provides for clarification and further retention obligations (Art. 22): Anyone who commercially offers a vehicle with a highway pilot (i.e. sells, rents or leases it) must explicitly inform its contracting party about the intended use of the automation system and have the contracting party confirm the clarification in writing. The provider must keep this confirmation for five years and hand it over to the law enforcement authorities on request. Operators must complete manufacturer training courses and manufacturers must confirm successful completion (Art. 36 para. 2 and Art. 37).
In addition to any existing data recording devices (e.g. accident data recorder), vehicles with an automation system must also be equipped with a so-called driving mode memory. While the automation system is active, certain events must be recorded, e.g. (Art. 7):
- Start and end of an emergency maneuver;
- Collisions;
- safety-relevant technical faults of the automation system;
- safety-relevant technical faults of the vehicle;
- the execution of a maneuver to minimize risk by the automation system;
- under certain circumstances, the start/end of a lane change or a planned crossing of the lane marking.
For these events, the data categories to be recorded are the type of event and any reason, the date, a timestamp and (for driverless vehicles) the position of the vehicle by specifying the GNSS coordinates. The regulation also governs the further use of this data (e.g. for the investigation of accidents or the assessment of violations of traffic regulations by the competent police, judicial and administrative authorities, Art. 18 f. with reference to the new Art. 25g Road Traffic Act) as well as its destruction. The latter only takes place for the purpose of scrapping the vehicle and only to the extent that it is excluded that it is necessary for the investigation of accidents or for the assessment of violations of road traffic law. The consent of the persons concerned is not required (Art. 21 VAF).
Numerous obligations of manufacturers, providers (e.g. sellers or lessors), vehicle owners, manual drivers and operators are subject to penalties (Art. 49). The penal provisions (as always) primarily target natural persons. This increases the pressure to comply with the requirements and to document compliance, e.g. for those responsible for vehicle fleets of a company.
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