Draft of a Remote-Controlled Vehicles Regulation – Will we see teleoperated vehicles on Germany’s streets in the near future?
Germany’s Federal Ministry for Digital and Transport (the Ministry) is considering a new Remote-Controlled Vehicles Regulation (Straßenverkehr-Fernlenk-Verordnung – StVFernLV). In this article we consider the ministerial draft in the context of the current German regulatory framework and briefly examine the key provisions of the Remote-Controlled Vehicles Regulation.
Understanding the Remote-Controlled Vehicles Regulation
Germany’s national legal framework on automated and autonomous driving is already very advanced. Some carmakers now offer automated driving features for certain situations on German roads in which the driver is permitted to stop participating in active driving according to section 1b of the German Road Traffic Act (Straßenverkehrsgesetz – StVG). In addition to using this feature in traffic congestion, regular driving on motorways at speeds of up to 95kph has been announced as an SAE Level 3 driving feature.
So while the regular use of highly automated driving features within the meaning of section 1a of the Road Traffic Act is growing slowly but steadily, the use of autonomous vehicles in defined operational areas has thus far been limited to tests, albeit very impressive ones. By contrast, the legal requirements for the standard operation of driverless vehicles (SAE Level 4) have been around since the Regulation on authorising and operating autonomous vehicles in defined operational areas (Autonome-Fahrzeuge-Genehmigungs-und-Betriebs-Verordnung – AFGBV) was issued in June 2022. The lack of available autonomous vehicles such as public transport shuttles is mainly due to the strict technical requirements for vehicles and their technical features, as we can see in Annex 1 of the regulation.
The Ministry, too, thinks the opportunities of the legal framework for autonomous driving are not yet fully tapped. The standard operation of autonomous vehicles is therefore to be prepared for by using alternative technologies such as the remote control of vehicles. The remote control of vehicles (teleoperated vehicles) is not new. But to date the related systems have only been trialled in tests based on exemption permits, in Hamburg and Berlin for example. The Remote-Controlled Vehicles Regulation is now set to enable safe standard operation of remote-controlled vehicles in defined operational areas. These could be remote-controlled cars as an addition to public transport, or self-driving trucks for goods transport. The Ministry also see potential for more efficient use of carsharing schemes.
Remote-controlled vehicles in authorised operational areas
According to section 2(1) of the ministerial draft, a remote-controlled vehicle is a vehicle controlled by a human located outside the vehicle via technical equipment. Remote control means driving a motor vehicle within the meaning of the Road Traffic Act (see section 2(5) of the ministerial draft).
In contrast to an individual with technical oversight within the meaning of section 1d(3) of the Road Traffic Act, a remote operator does not merely authorise driving manoeuvres in exceptional cases, but continuously performs the entire driving task. As a result, the Remote-Controlled Vehicles Regulation clarifies that the remote operator is the driver of the vehicle within the meaning of the Road Traffic Act, even if they are outside the vehicle (section 2(5) of the ministerial draft). The provision in section 10(12) of the draft, which states that the remote operator must observe the highway code and may not drive several remote-controlled vehicles at the same time, also serves to clarify the situation; the latter must be ensured by the keeper of the remote-controlled vehicle in accordance with section 12(1), no. 2 of the ministerial draft.
Remotely controlled vehicles are limited to a speed of 80kph (see Annex 1, clause 3.2.2). The use of the remote-controlled vehicle is also restricted to the approved operating area within the meaning of section 2(7) of the ministerial draft; the registered keeper must apply to the relevant authority for an operating area permit under section 7 of the ministerial draft; further details are set out in Annex 2 to the Remote-Controlled Vehicles Regulation. In this respect, there is a parallel to vehicles with an autonomous driving feature which can only be used in a defined operating area (section 1d(2) of the Road Traffic Act).
Requirements for the remote operator
As the remote operator of the vehicle has considerable responsibility as the driver, the Remote-Controlled Vehicles Regulation places specific requirements on them. The registered keeper of a remote-controlled vehicle must ensure and document that those requirements are met.
Section 10(2) of the ministerial draft first sets out basic requirements: the remote operator must be at least 21 years old and have held the appropriate driving licence for at least three years. They must also be (i) authorised and (ii) physically and mentally suitable and of suitable character to remotely operate a vehicle.
- A person is authorised to remotely operate a vehicle according to section 10(3) of the ministerial draft if they have successfully completed the appropriate training. The training is to be carried out by the registered keeper of the remote-controlled vehicle; the minimum content of the training programme is listed in section 10(3), nos. 1-11 of the ministerial draft. Training is compulsory for those in the individual with technical oversight for vehicles with an autonomous driving feature (see section 14(1), first sentence, no. 2 of the Regulation on authorising and operating autonomous vehicles in defined operational areas). The individual with technical oversight must be trained by the vehicle manufacturer itself, however.
- The physical and mental requirements for the remote operator are based on section 10(5) of the ministerial draft. In addition, a certain suitability of character must be guaranteed. According to section 10(6) of the ministerial draft, this character suitability is inferred from the fact that the person has not previously attracted negative attention in traffic. In any case, a remote operator is unsuitable in character to remotely operate a motor vehicle if they have more than three points on their driving licence (section 10(6), no. 2 of the ministerial draft).
Ultimately, the remote operator has to meet a diverse set of requirements. However, the training requirements are lower than for the individual with technical oversight who has to have a degree in mechanical engineering, for example; see section 14(1), first sentence, no. 1 of the Regulation on authorising and operating autonomous vehicles in defined operational areas.
Control centre is key element of remote operation
The vehicle is operated remotely by the remote operator from the control centre. According to section 2(3) of the ministerial draft, the control centre means all components and systems located outside the vehicle that enable the remote operator to drive the vehicle.
The control centre must depict the remote-controlled vehicle as accurately as possible; the specific requirements for the control centre are set out comprehensively in section 4 of Annex 1 to the Remote-Controlled Vehicles Regulation. For example, under section 4.8, the displays, acoustic signals, manual controls and foot controls of the control centre must meet the same regulatory requirements as those in the actual vehicle being remotely operated.
Under section 3, no. 6 of the ministerial draft, both the technical equipment for remote operation, and thus primarily the control centre, and the remote operator themselves must be physically present in Germany. Remote operation from abroad is therefore not permitted.
Technical requirements for the system as a whole
Since the remotely operated vehicle is equipped with special remote control technology, the registered keeper must, in accordance with section 4(1) of the ministerial draft, apply to the German Federal Motor Transport Authority for an operating licence for the vehicle.
According to section 4(1) no. 2 of the ministerial draft, only vehicles that already have the appropriate approval (EU type approval or general/individual operating permit according to the German Road Traffic Licensing Regulation (Straßenverkehrs-Zulassungs-Ordnung – StVZO)) before they are converted can be used as a basis for a remote-controlled vehicle. The Ministry thus seems to be primarily concerned with the conversion of motor vehicles already in use. In this respect, special obligations are imposed on the manufacturer of the control centre and the remote control technology in the vehicle by section 11 of the ministerial draft. The Remote-Controlled Vehicles Regulation quite rightly does not impose any obligations on the manufacturer of the base vehicle.
Annex 1 to the Remote-Controlled Vehicles Regulation also sets out specific technical requirements for the overall remote control system. The overall remote control system consists of (i) the control station, (ii) the remote control technology in the vehicle and (iii) the vehicle itself (see section 2(4) of the ministerial draft). Meeting the technical requirements in Annex 1 is the basic requirement for obtaining an operating licence for the remote-controlled vehicle (see section 4(1), no. 1 of the ministerial draft).
Minimal risk condition
The Remote-Controlled Vehicles Regulation also makes it very clear that there is not expected to be a person inside the vehicle as a backup, as is the case for highly automated vehicles under section 1b(2) of the Road Traffic Act. The remote-controlled vehicle must therefore have technical equipment that is capable of independently putting it in a minimal risk condition. The situations in which the remotely operated motor vehicle must establish a minimal risk condition are set forth in great detail in Annex 1:
- Breakdown of a data connection that is essential for remote control; reaching the limit of the operating range or after an accident (clause 3.3.1)
- Activation of the emergency stop switch by the vehicle occupants or the remote operator (clauses 3.6 and 3.7)
- A critical interruption to the radio connection for remote control or unauthorised access to the radio connection (clause 3.11.1)
- The automatic monitoring in the control centre detects that the remote operator is absent or inattentive (clause 4.2.2)
- In the event that a vehicle component fails; however, transitioning to the minimal risk condition in this case is merely optional (see clause 3.1).
Transitioning to the minimal risk condition is also planned for vehicles fitted with an autonomous driving feature (see section 1d(4) of the Road Traffic Act). With regard to remote-controlled vehicles, however, the Remote-Controlled Vehicles Regulation expressly clarifies that to transition to the minimal risk condition, a driving feature that falls short of the requirements of section 1a(2) of the Road Traffic Act is sufficient. This avoids the remote-controlled vehicle having to meet the high technical requirements for automated driving (section 1a(2), no. 1 of the Road Traffic Act), while observing the highway code within the meaning of section 1a(2), no. 2 of the Road Traffic Act) simply in order to transition to the minimal risk condition. Correspondingly high technical requirements would contradict the lower technical complexity associated with remote operation.
Assessment and outlook
The current draft of the Remote-Controlled Vehicles Regulation is an additional cornerstone of mobility in the future and is another milestone in driverless systems. Since there is a person in the background controlling the vehicle, the vehicle control systems can be significantly less complex, making these vehicles more technically feasible than fully autonomous vehicles (SAE Level 4).
Remote control offers many opportunities, since according to section 1(1) of the ministerial draft, the scope of the Remote-Controlled Vehicles Regulation includes class M and N motor vehicles, meaning that in addition to cars and buses, trucks can also generally be remotely operated. In addition to their use in local public transport, this would also pave the way to remote-controlled goods transport, at least on German roads. The maximum speed of 80kph chosen in the Remote-Controlled Vehicles Regulation should also be understood in this context, since trucks over 3.5 tonnes could also be remotely controlled on motorways (the maximum permissible speed for trucks is also 80kph, see section 3(3), no. 2 Road Traffic Act). If remote-controlled trucks are to be deployed on motorways, the ability to transition them to a minimal risk condition would then have to be examined carefully and, if necessary, their use would have to be limited to the outside lane to allow them to stop on the hard shoulder with the least possible danger.
For outside observers, it will certainly be fascinating to see a remote-controlled vehicle in standard operation without a safety driver in the driver’s seat, for example in urban areas. However, the main reason for companies or transport authorities to take on the extensive registered keeper obligations of the Remote-Controlled Vehicles Regulation and to invest in the corresponding technology will be the prospect of economically viable operations. In this context, it is welcome news that the requirements for the qualifications of remote operators are not as strict as those for individuals with technical oversight. However, the specifications for the design of the control centre appear to be very detailed and, as a result, costly.
The Remote-Controlled Vehicles Regulation is a step in the right direction. It remains to be seen when it will come into force, and in what final version. So it will be some time before we see remote-controlled vehicles on German roads.