Czech legislation has taken first step towards self-driving cars
Since the beginning of this year, it has been possible to use vehicles with conditional driving automation on selected sections of Czech roads. According to the international SAE scale, this is the first level at which a vehicle can drive itself under strictly defined conditions.
The SAE scale distinguishes between levels of driving automation from SAE 0 to SAE 5, with fully autonomous vehicles corresponding to SAE 5. Czech legislation has newly introduced SAE 3, i.e. conditional automation. This allows vehicles to operate on motorways and expressways with directionally separated lanes where there are no pedestrians or cyclists.
In this mode, the vehicle monitors traffic itself, stays in its lane and regulates its speed. The system also evaluates whether the conditions for automated driving are met and, if so, offers the driver the option of activating it. By comparison, Germany, which inspired the Czech legislation, has allowed vehicles with SAE 3 level to operate since 2017, with these cars appearing in regular traffic in 2022.
Czech legislation newly defines the term "automated vehicle" and extends the definition of a driver to include a person who sits in the driver's seat of an automated vehicle and adjusts the rules for its operation. However, a number of questions arise, particularly in relation to duties and responsibilities during automated operation. When automated mode is active, responsibility for compliance with traffic regulations is assigned to the vehicle’s automated system. The standard obligations of the driver do not apply in full; however, the individual in the driver’s seat must remain able to assume control at any time and continues to be subject to certain core duties, such as wearing a seatbelt, abstaining from alcohol, and refraining from holding a mobile phone.
From the perspective of setting rules of responsibility/liability, it should be emphasised that if the vehicle alerts the driver to take over driving and the driver ignores this, they are responsible/liable for any subsequent violations of the rules. Recording devices that capture whether the vehicle was driven by the system or a person are therefore of key importance. Refusal to disclose such data gives rise to a rebuttable legal presumption that the vehicle was driven by a human. The Vehicle Register now also includes information that the vehicle is an automated car. Manufacturers are also obliged to provide the Czech Police or the relevant administrative authority with available driving data.
The vehicle operator is not liable for offences if they can prove that the vehicle was driven by an automated system. However, the operator remains liable for civil damages. It can therefore be assumed that any injured party will seek compensation primarily from the operator's insurance. The current amendment to the Act on Liability for Damage Caused by the Operation of a Vehicle does not contain a special regime for automated vehicles.
Liability for product defects
Liability for product defects and subsequent recovery from the manufacturer in the event of a defective automated system remain problematic areas. The current regulation of liability for damage caused by product defects only takes limited account of the specific characteristics of automated and software-controlled systems. One of the specific features is that their safety and functionality are continuously affected by updates even after the product has been placed on the market, which may lead to an undesirable weakening of the manufacturer's liability.
A fundamental change may be brought about by the new directive on liability for defective products, which is expected to be transposed by December 2026. The Product Liability Directive introduces new restrictions on the possibility of manufacturers being exempt from liability where the defect is the result of circumstances within the manufacturer's sphere of influence and control, in particular where it is caused by a related service or software (including updates).
The directive also extends the concept of a product to include software and digital production files, defines related services as part of the product, and considers insufficient testing or faulty updates to be defects. At the same time, it expands the range of responsible persons, allows for their joint liability, and makes it easier for the injured party to prove a defect (e.g., presumption of product defectiveness if the responsible person fails to provide relevant evidence). However, we will have to wait until at least the end of the year for the specific form of the Czech regulation.
Given developments in this area, increased demands on manufacturers can be expected. The importance of technical documentation, operational data and internal risk management processes will grow not only for them, but also for other affected entities. Furthermore, if these systems use elements of artificial intelligence, manufacturers should not forget the new obligations arising from the Artificial Intelligence Act (AI Act).