As the landscape of mobility continues to evolve, Switzerland is taking significant strides in regulating automated driving. The recent Federal Ordinance on Automated Driving (OAD) enacted by the Swiss Federal Council and effective from March 1, 2025, sets forth rules to regulate the registration, operation, and data protection aspects of vehicles equipped with automation systems. The OAD aims to harness the potential of automated vehicles to improve road safety, traffic efficiency, and economic innovation. It further outlines the conditions for different levels of automation and specifies the legal framework for their use in Switzerland.

What Types of Automated Vehicles Are Covered by the OAD?

The OAD encompasses three primary categories of vehicles: (i) vehicles with driver takeover prompts, which can operate autonomously under specific conditions but require the driver to reassume control when signaled by the system; (ii) automated parking vehicles, equipped with automation systems designed to park themselves without driver and without driver’s supervision within designated parking areas; and (iii) driverless vehicles, outfitted with an automation system capable of traveling from its starting point to its destination without driver intervention, at least on certain segments of the route.

What Are the Main Novelties Bought by the OAD?

The OAD introduces the following three main changes under certain conditions:

1. Drivers of approved vehicles with driver takeover prompts will be permitted to use an autopilot system on highways;
2. Automated parking without a driver or without a driver’s supervision will be allowed in authorized parking lots and spaces; and
3. The use of driverless vehicles will be permitted on stretches authorized by the competent authorities.

What Are the Primary Conditions for Drivers to Use an Autopilot System on Highways?

When the autopilot of an approved vehicle with driver takeover prompt is activated, the driver will have the right to release the steering gear on highways and is not required to constantly monitor traffic and the vehicle. Nevertheless, drivers must be ready to take control of the vehicle when (i) prompted by the automation system or (ii) when they become aware, or should reasonably become aware based on evident circumstances, that the conditions required for the safe operation of the automation system in accordance with road traffic regulations are no longer met.

According to the Federal Roads Office (FEDRO), drivers must be prepared to take control of their vehicle at all times. Therefore, they must avoid activities that could delay their ability to resume driving, such as reading a newspaper, eating, or using a cell phone to write messages. Additionally, the driver’s field of vision must remain unobstructed.

What Are the Main Requirements for Automated Parking Systems?

If the technical and security requirements are met, automated parking without a driver or without a driver’s supervision will be allowed in authorized parking lots and spaces. The owners and operators of parking facilities may apply to the cantons or municipalities for a permit.

What Are the Key Requirements for Allowing Driverless Vehicles on Certain Roads?

If technical requirements are met, driverless vehicles will be permitted to operate on designated routes that have cantonal authorization. They will have to be inspected before departure and monitored by a qualified central operator. The system will, for example, prompt the operator to suggest a maneuver to the vehicle if it is unable to control a situation on its own.

On one hand, vehicle owners must obtain a permit from the Canton and will have multiple responsibilities in relation to the update and maintenance of the driverless vehicle. They must also notably ensure that a pre-departure check is conducted daily and that the driverless vehicle is piloted under the supervision of an operator. On the other hand, the manufacturer of driverless vehicles must propose training relating to operators‘ activities.

What Are the Driving Recording and Data Protection Requirements?

Automated vehicles must be equipped with a driving mode recorder to capture events such as start and end of emergency maneuvers, system failures, collisions, and the activation and deactivation of the automation system. Processing of this data is subject to stringent conditions and may only be used for the purpose of accident investigations or related legal proceedings.

Are There Any Specific Reporting Requirements for Safety Incidents?

Manufacturers or importers of driverless vehicles and vehicles equipped with an automated parking system are required to notify the FEDRO of incidents relevant to safety. They must agree with the vehicle owners or holders of permits for car parks where automated parking is possible on how to obtain the required information.

Parking operators allowing for automated parking must also notify the police in case of an accident.

What Future Developments are Expected Under this Regulation?

The OAD is anticipated to adapt alongside technological progress, with future updates addressing: (i) expansion to more complex driving scenarios, (ii) increased integration with smart infrastructure, and (iii) updated standards for fully autonomous vehicles operating without predefined routes.

Are There Any Other Ongoing Legislative Initiatives Related to Mobility Data Infrastructure in Switzerland?

Yes, the Federal Council has proposed legislation for a Federal Act on Mobility Data Infrastructure (AMODI) to improve data flow between infrastructure operators, transport companies, private providers, and users. The consultation procedure for AMODI is complete, and the Federal Council is expected to publish a dispatch for new legislation soon.