Autobahn Pilot 2026: What drivers are really allowed to do with automated driving – and what they will still be liable for

The advertising images appear enticing: The driver leans back in a relaxed posture, the car stays in its lane, maintains the distance and seemingly takes over the drive. The term 'Autobahn pilot' suggests that the human is nothing more than a passenger. The reality on German roads, however, looks significantly more sober. For although automated driving functions are technically increasingly capable, the legislature has drawn clear boundaries. Whoever believes that with an activated system they can hand responsibility over to the electronics is legally skating on thin ice.

Assistance systems or automated driving?

The first misconception already begins with the technology. Not every system that steers, brakes and accelerates is automatically considered an automated driving function. Many systems available today still lie in the realm of classic driver assistance systems. Lane-keeping assistants, adaptive cruise control or traffic jam assistants do support the driver, but do not permanently take over the driving task. The responsibility remains entirely with the human driver. Only so-called highly or fully automated systems take over the driving task temporarily. Precisely for these systems the legislature has created a dedicated legal framework with §§ 1a ff. of the Road Traffic Act (StVG). Under § 1a StVG drivers may use such systems provided they are used as intended. § 1d StVG defines vehicles with autonomous driving function, while § 1f StVG regulates the duties of owners and the technical supervision.

For practical purposes this means: Not every vehicle with an „Autopilot“ or „Pilot“ name automatically falls under these regulations.

Driver may look away – but only to a limited extent

Particularly interesting is Section 1b StVG. There the legislator regulates under which conditions a driver may turn away from the traffic scene during the use of highly or fully automated systems. In fact the law allows more than many people suspect. Whoever uses an appropriately approved system may devote themselves to other activities from time to time. This can, for example, be operating the infotainment system or reading messages.

However, the freedom ends where the so-called perceptual readiness is lost. The driver must always be able to regain control. Deep sleep, long videoconferences or other activities that prevent a quick reaction are thus excluded. Under § 1b Abs. 2 StVG the driver must immediately regain control of the vehicle when the system requests it or when the prerequisites for automated operation no longer exist. Whoever ignores warning indications or misses a takeover request violates a legal duty.

Liability does not disappear

There is a widespread misunderstanding here. Automated driving does not mean automatic liability exemption. If an accident occurs, the general liability rules still apply. These include the fault-based liability under § 823 Abs. 1 BGB as well as the owner liability under § 7 StVG. If a driver has ignored a takeover request or reacted too late, a culpable breach of duty can be charged against him.  Also § 17 StVG remains relevant. There it is laid down how the responsibilities between several accident participants are distributed. A delayed intervention despite the vehicle's warning can be weighed heavily against the driver. In addition to civil claims, criminal consequences also threaten. Depending on the outcome of the accident, offenses such as negligent bodily injury or negligent homicide could be at issue.