Autonomous Driving in Austria: Insights from My Interview with Die Presse

The topic of autonomous driving is attracting equal attention from policymakers, industry and society. While technology is advancing rapidly, the legal framework often lags behind. In recent years, Austria has positioned itself as a pioneer in research and testing, but fully autonomous driving on public roads is still some way off.

In an interview with the Austrian daily newspaper Die Presse (read the article), I discussed the legal opportunities, limitations and challenges associated with automated driving. This article examines those topics in greater depth, adds a legal perspective and considers Austria’s position in comparison with other European countries.

Current position: how far has autonomous driving progressed in Austria?

Austria is one of the European countries that actively supports testing and research. The legal basis is the Austrian Automated Driving Regulation (AutomatFahrVO), which permits vehicles with different levels of automation to be tested.

Key aspects of the Austrian legal framework:

• Testing is permitted as long as human supervision is present.
• The objective is to gain practical experience before systems receive final approval for regular operation.
• This enables Austria to position itself as an innovation location combining legal certainty with technological progress.

Compared with many neighbouring countries that do not yet have clear rules for testing, Austria is relatively advanced.

What is currently being tested?

Current projects focus particularly on automated buses in public transport. These pilot projects are intended to demonstrate how autonomous systems perform in everyday operation.

The AutomatFahrVO expressly permits scenarios including:

• automated shuttle buses,
• parking services such as driverless parking and vehicle retrieval,
• lane-change assistance systems, and
• mobile machinery such as street sweepers and tractors.

These scenarios are deliberately limited to create controlled testing environments. Every test is a preliminary step towards an operating permit for regular road use.

Why is testing indispensable?

An obvious question is why autonomous vehicles cannot be approved immediately once the technology is operational.

From both a legal and technical perspective:

• Type approval and operating permits require comprehensive evidence.
• Systems must be tested under real-world conditions to demonstrate their functionality and safety.
• Driverless regular operation at SAE Level 4 can be authorised only after all relevant safety standards have been met.

Approval without this testing would be unlawful. Testing protects passengers and other road users while also reducing liability risks for manufacturers and operators.

What obstacles are slowing progress?

The greatest obstacle is the rigid legal framework. The AutomatFahrVO contains an exhaustive list of permissible testing scenarios. New applications that are not included may not be tested, even if the technology is already available.

More flexible regulation is required in order to respond more rapidly to new technologies, encourage investment in research and development and strengthen Austria’s position in international competition.

Germany took further steps with its 2021 Act on Autonomous Driving, although practical implementation has progressed more slowly there.

Who bears responsibility?

A central issue in autonomous driving is the allocation of responsibility.

• Under Austrian law, a human must remain on site and take control of a driverless vehicle when required.
• In Germany, a technical supervisor at a control centre may continuously monitor operation and intervene remotely in an emergency.
• Under the EU AI Act, supervision cannot be delegated entirely to artificial intelligence. A human therefore remains ultimately responsible even in a Level 4 vehicle.

Why AI may not replace human supervision

The EU AI Act classifies autonomous driving systems as high-risk AI systems.

This means that a human control function must always be available, complete delegation to an AI system is legally impermissible and safety-critical decisions must remain subject to human oversight.

Europe is deliberately applying a “human in the loop” approach, which is also important when determining product liability after an accident involving an AI-controlled vehicle.

Cybersecurity as a key factor

Cybersecurity is crucial alongside the technical and legal requirements. Manufacturers already have to demonstrate a cybersecurity management system as part of type approval. This includes protection against hacking, manipulation and unauthorised access.

From 2027, the EU Cyber Resilience Act will introduce even stricter requirements. Manufacturers and suppliers will have to demonstrate certified security processes. Software updates and accessories will be subject to continuing security assessments, while operators will have to report vulnerabilities and conduct regular audits.

Cybersecurity will therefore become a condition of approval comparable to safety-critical components such as brakes or airbags.

Automated machinery as a parallel testing field

The focus extends beyond vehicles to automated machinery, including forklifts, cranes and agricultural machinery. These are governed by machinery-safety legislation and, from 2027, the new EU Machinery Regulation.

Risk-impact assessments, safety reports and clear product-liability rules are particularly important. Testing is again essential to combine practical viability with legal certainty.

Why autonomous systems without on-site personnel matter

A major objective of autonomous driving is to reduce the burden on skilled personnel. In public transport and logistics in particular, autonomous systems can help address labour shortages.

Potential benefits include continuous availability, increased efficiency and long-term cost savings. However, liability remains strictly regulated, operation without technical supervision is not currently realistic in Europe and public acceptance requires both innovation and legal certainty.

Conclusion: opportunities for Austria if regulation keeps pace

My discussion with Die Presse demonstrated that Austria is well positioned technologically and legally, but further progress depends on regulation.

• Opportunities include competitive advantages, reduced pressure on skilled personnel and greater innovation.
• Risks include rigid legislation, unresolved liability questions and cybersecurity threats.
• The AI Act and Cyber Resilience Act will provide clearer EU rules but will also introduce additional requirements.

Only a more flexible legal framework will enable Austria to maintain its pioneering role in autonomous driving.