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Autonomous driving in Switzerland

As of March 1, 2025, freeway pilots, parking pilots and full autopilots may be used in motor vehicles in Switzerland. A new ordinance regulates the registration and use of motor vehicles with an automation system as well as the processing of data associated with such vehicles (Art. 1 Ordinance on Automated Driving, VAF, SR 741.59).

The obligations are addressed to manufacturers, but also directly or indirectly to manual drivers or operators, i.e. the natural persons who supervise the vehicle in operation (Art. 34).

The Ordinance distinguishes between 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 are allowed to let go of the steering device on separated highways and leave the operation of the vehicle to the automation system (from level 3 driving skills, see e.g. Mercedes Benz). However, drivers must remain prepared to resume control of the vehicle themselves at any time if the automation system prompts them to do so or if it is clear from obvious circumstances that the conditions for safe use of the automation system in compliance with traffic regulations are no longer met.
  • Parking pilot (Art. 25 ff.): In the case of a vehicle with an automation system for parking, the automation system maneuvers the vehicle from the transfer location to the parking bay and from the parking bay to the pick-up location without the vehicle driver and without his or her supervision (so-called automation level 4). For this purpose, cantons or municipalities may (upon request) provide defined and signalized parking garages and parking spaces.
  • Autopilot (Art. 33 ff.): In the case of a driverless vehicle, the vehicle uses an automation system to independently cover certain routes (not just for parking) from its starting point to its end point (so-called automation level 5). Driverless vehicles must be monitored by an operator at a control centre. If the vehicle is unable to resolve a situation itself, the system prompts the operator to suggest a manoeuvre to the vehicle. Freight transportation and covering the so-called “last mile” in passenger transport are conceivable use cases. The cantons can approve corresponding routes at their own discretion. The Federal Roads Office (FEDRO) issues directives for the assessment of proposed routes and forms an advisory group that can be consulted by the cantons (see Federal Council press release dated December 13, 2024).

The ordinance stipulates specific requirements for the capabilities of the respective automation system (Art. 3), e.g. with regard to the ability to actually drive the vehicle, to recognize general conditions (e.g. meteorology, time of day, light intensity, marked traffic areas, etc.), to deactivate the system intuitively and at any time, manoeuvres to minimize risk, etc.

The definition of the design-related range (usually referred to in English as Operational Design Domain, ODD) is central (Art. 4): This refers to the area for which the use of a particular automation system is technically intended and it includes the actual operating conditions. This description must be included in the type approval. And it must make it possible to compare the system characteristics with the intended real operating conditions. For driverless vehicles and vehicles with an automation system for parking in particular, this check is essential for the granting of an approval. Discrepancies lead to restrictions on the area of use applied for or rule out the intended use of the vehicle. For example, if it has not been proven that an automation system can perform lane change manoeuvres, it may not be possible to drive on routes with several lanes and with single lane sections before intersections without further ado (see FEDRO explanatory notes VAF of 13 December 2024, p. 16).

The Ordinance also provides for information and other storage obligations (Art. 22): Anyone who commercially offers (i.e. sells, hires or leases) a vehicle with a freeway pilot must explicitly inform their contracting party about the intended use of the automation system and obtain a signed confirmation from the contracting party that the information has been provided. The provider must keep this confirmation for five years and hand it over to the law enforcement authorities on request. Operators must complete training courses provided by manufacturers 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 memory), 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 malfunctions of the automation system;
  • safety-relevant technical malfunctions of the vehicle;
  • the execution of a manoeuvre to minimize risk by the automation system;
  • under certain circumstances, the start/end of a lane change procedure or a planned crossing of the lane marking.

The data categories to be recorded for these events are the type of event and any reason, the date, a time stamp and (in the case of driverless vehicles) the position of the vehicle by specifying the GNSS coordinates. The ordinance also regulates the further use of this data (e.g. for the investigation of accidents or the assessment of violations of road traffic regulations by the competent police, judicial and administrative authorities, Art. 18 f. with reference to the new Art. 25g of the Road Traffic Act) as well as its destruction. The latter is only carried out for the purpose of scrapping the vehicle and only to the extent that it is not required 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 are (as always) primarily aimed at natural persons. This increases the pressure to comply with the requirements and to document the fulfilment of obligations, e.g. for those responsible for a company's vehicle fleet.

Do you have any questions about the legal requirements for new technologies? We will be happy to support you and advise.

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