Teleoperated driving - The draft of a Remote Road Traffic Regulation (StVFernLV)

What is teleoperated driving?

In contrast to autonomous driving, teleoperated driving does not replace the driver. Instead, a human driver takes control of the vehicle via a radio connection without being in the vehicle. The teleoperator uses cameras and other sensors to follow what is happening around the vehicle in real time, and controls it completely remotely from a control centre using an interface that resembles the normal cockpit of a vehicle.

Various use cases are discussed in this context:

• Vehicles without a "delivery driver": Vehicles could be brought to their place of use in teleoperated mode and then driven used by a rental customer. At the end of the rental period, the vehicles can then be remotely driven back to the rental company or, alternatively, directly to the next customer. The best example of this is a well-known mobility company from Hamburg, which received authorisation to offer teleoperated driving without a safety driver at the end of 2022. However, there is still no nationwide legal basis for such a service.
• Remotely steerable transport vehicles: Transport and logistics companies would be able to allow their drivers to steer their vehicles remotely from their regular workplace instead of travelling with said vehicles. In this way, downtimes due to restrictions on driving hours can be avoided, for example by means of shift operation. This can be expected to streamline and speed up supply chains.
• Linking with autonomous driving at SAE Level 4: As driving at SAE Level 4 is restricted to certain operating areas, it is conceivable that the self-driving vehicles could be transferred by means of teleoperation to the pre-approved operating area for driving in accordance with SAE Level 4, where they would then operate autonomously. Teleoperated driving is also suitable for direct transfers between authorised operating areas.

The draft of the StVFernLV

The Federal Ministry for Digital and Transport (Bundesministerium für Digitales und Verkehr, BMDV) recently presented a draft bill: the Remote Road Traffic Regulation (Straßenverkehrsfernlenkverordnung, StVFernLV). This is intended to create the legal framework for the testing, authorisation, and operation of remote-controlled vehicles.

• Current status: According to the current draft status, series or type approval for teleoperated driving is not yet available, as the BMDV seems to believe that the technology is still in the trial and test phase. The official title of the draft bill is therefore "Ordinance on exemptions from road traffic regulations for testing motor vehicles with remote-controlled driving functions".
• Comments: The draft bill is currently being reviewed by associations (Verbändeanhörung) and is not yet publicly accessible. However, various comments on the draft have already been published, for example by DEKRA, the German Association of the Automotive Industry (VDA) and the German Freight Forwarding and Logistics Association (DSLV).

Points of criticism

Initial conclusions on the details of the draft can be drawn from the comments. However, based on the criticism voiced, it can be assumed that the draft will undergo further changes as it progresses. The points of criticism are listed below:

• Differentiation from autonomous driving: For example, the distinction made in the draft between the requirements for autonomous driving at SAE level 4 and the envisaged provisions for teleoperated driving is being critically scrutinised. For example, a vehicle operating at SAE level 4 is required to put itself in a state that minimises risk and come to a stop in certain scenarios, taking particular account of the road users involved (see Sections 1d (4), 1e (2) StVG). In contrast, the current draft of the StVFernLV apparently stipulates that the remote-controlled vehicle must simply come to a standstill in the event of a loss of radio communication, without requiring a safety mechanism comparable to SAE Level 4 vehicles.

• Restricted operating area and additional requirements: The comments indicate that teleoperated driving would be subject to many requirements that are very similar to the requirements set out in the StVG and AFGBV for autonomous driving. For example, there is also a mention of a restricted operating area for teleoperated driving, which only permits the use of this technology in defined operating areas for the vehicle in question. In practice, however, this is likely to lead to a significant restriction of the application possibilities for teleoperated driving.
  
  In addition, the keeper must train the personnel involved in the operation. This could mean a considerable additional burden for companies in the potential users of teleoperated driving, such as haulage companies or car-sharing companies, if the relevant training measures cannot also be carried out by external third parties. Finally, the keeper is also responsible for ensuring that a comprehensive departure check inspection is carried out before the daily start of operations. Associations criticise the fact that the scope set out in the draft exceeds any routine inspection and that the use of teleoperated vehicles would thus remains limited to expert personnel. They therefore suggest that the requirements for such a departure inspection be reduced.

• General speed limit: The draft bill apparently provides for a general speed limit of 70 km/h (or 80 km/h on motorways), which makes it more difficult to integrate teleoperated vehicles into regular traffic. According to the current draft status, it also remains unclear to what extent a dual function of teleoperator and technical supervisor (Technische Aufsicht, areas required in the context of autonomous driving) is possible, especially if both technologies are installed in a vehicle in the future and the teleoperated vehicle is driven to the operating area authorised for SAE Level 4 driving, where it is to operate independently and the technical supervisor is only to monitor such operation.

Fundamental question on the future of teleoperated driving

The BMDV views teleoperated driving as a "bridging technology" towards fully autonomous driving in accordance with SAE Level 5. From this perspective, the draft bill is designed as a transitional solution for the test phase of this new mobility innovation. However, many of the associations' comments indicate that a stronger integration of teleoperated driving into the road traffic law regime for regular operation is desired. They therefore regard teleoperation as an independent application and not as a preliminary stage for autonomous driving. Indeed, a permanent coexistence between autonomous and teleoperated driving is conceivable. The answer to this fundamental question is likely to be crucial for the further course of the legislative process. Ultimately, it also depends on a reliable assessment as to whether and to what extent teleoperated driving will have a life of its own compared to autonomous driving or whether it will ultimately lose out.