Who Is the Driver in 2026? Level 4 Germany, Level 2 Italy

Germany wrote Level 4 into law in 2021 and Japan followed in 2023, but Italy, Spain and Austria have gone no further than Level 2, and at Level 2 the statute still treats you rather than the software as the driver. That distinction decides who pays after a crash: German law moves liability to the manufacturer once an approved system is engaged, while every country without a specific statute leaves it with the human behind the wheel. Mercedes Drive Pilot is still the only certified Level 3 system you can buy, approved in Germany and a few US states, and every Tesla Autopilot function sold in Europe is Level 2 supervision that expects your hands and eyes.

Where self-driving is legal — the quick answer

Almost every ‘self-driving’ car on sale today is only Level 2 — hands-on, eyes-on assistance — and the law still holds you fully responsible. True hands-off Level 3 is approved in only a few places (Germany, Japan and US states such as Nevada and California); Level 4 robotaxis run in tightly mapped zones. Everywhere else there is no specific law, so the human driver carries the liability. Which levels are legal where, and who pays after a crash, is mapped below.

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Understanding Autonomy Levels

The SAE International (formerly the Society of Automotive Engineers) defines six levels of driving automation:

Autonomous Driving Laws by Region

Europe

Europe has taken a structured regulatory approach, with Germany leading the way:

Germany passed the world’s first comprehensive Level 4 autonomous driving law in 2021, allowing driverless vehicles on public roads within defined operational design domains. The law establishes clear liability rules: the manufacturer’s technical supervisor is responsible during autonomous operation, and the manufacturer is liable for defects. For full details on German driving regulations, visit our country page.

United Kingdom has been developing its autonomous vehicle framework through the Automated Vehicles Act passed in 2024, which establishes the concept of a “self-driving authorisation” and places liability on the authorised self-driving entity rather than the user-in-charge during automated operation.

North America

California has the most mature regulatory framework, with the DMV issuing permits for both testing and deployment. Waymo and Cruise have operated commercial robotaxi services in San Francisco, though Cruise suspended operations in 2023 after an incident involving a pedestrian.

Asia-Pacific

China has moved aggressively to permit autonomous vehicle testing and deployment. Baidu’s Apollo Go robotaxi service operates in multiple cities, and the Chinese government views autonomous driving as a strategic technology priority. Wuhan has become the world’s largest robotaxi testing ground with over 500 vehicles.

Japan revised its Road Traffic Act in 2023 to permit Level 4 autonomous vehicles on specific routes, initially targeting rural areas with ageing populations and limited public transport. Check our Japan driving guide for current regulations.

Middle East

Key Legal Issues

Liability and Insurance

The question of who is responsible when an autonomous vehicle causes an accident is the central legal challenge:

The UK’s framework introduces the concept of a “user-in-charge” who is not responsible for the driving task during automation but must be fit to resume control when the system requests a handover.

Type Approval

• Limits ALKS operation to motorways/dual carriageways
• Sets a maximum speed of 130 km/h
• Requires the system to bring the vehicle to a safe stop if the driver does not respond to a handover request
• Mandates a Data Storage System for Automated Driving (DSSAD) — essentially a black box

Mercedes-Benz Drive Pilot is the first system to receive type approval under this regulation, initially limited to 60 km/h in Germany.

Data Privacy

Autonomous vehicles generate enormous amounts of data — cameras, lidar, radar, GPS, and internal sensors. This raises significant privacy concerns:

• GDPR in Europe applies to any data that could identify individuals (faces, licence plates)
• Data retention rules vary by jurisdiction
• Accident data must be recorded but access is regulated
• Mapping data collected by AV fleets raises surveillance concerns

Currently Available Systems

Level 2 Systems (Driver Assistance — Most Common)

Level 3 Systems (Conditional Automation — Emerging)

The Road Ahead

Several developments will shape autonomous driving regulation in the coming years:

• EU AI Act implications for autonomous vehicle decision-making algorithms
• International harmonisation through UNECE working parties developing new regulations
• Insurance framework evolution as actuarial data from autonomous vehicles accumulates
• Public acceptance which varies significantly by country and will influence political willingness to legislate
• Cybersecurity standards as connected vehicles become potential targets
• Ethical frameworks for programming vehicle behaviour in unavoidable accident scenarios

For a comparison of driving regulations across countries, including technology-related rules, visit our comparison tool.

Conclusion