European level
Global Forum for Road Traffic Safety (UN/Geneva)
Contact: Karel Hofman, karel.hofman@mobilit.fgov.be
The Global Forum is the United Nations body aimed at harmonising traffic rules.
The basis are the 'Conventions on Road Traffic and on Roads Signs and Signals of 1968'. Many countries across the world - including Belgium - have become Contracting Parties to these legal instruments and benefit from their implementation. These Contracting Parties are also the key driving forces keeping these international road safety conventions up-to-date.
Overview of main developments
1968 Convention on Road Traffic: starting point
Article 8.1 “Every moving vehicle or combination of vehicles shall have a driver.”
Article 1, (v) “Driver” means any person who drives a motor vehicle or other vehicle (including a cycle), or who guides cattle, singly or in herds, or flocks, or draught, pack or saddle animals on a road.
Article 8.6 “A driver of a vehicle shall at all times minimise any activity other than driving. Domestic legislation should lay down rules on the use of phones by drivers of vehicles. In any case, legislation shall prohibit the use by a driver of a motor vehicle or moped of a hand-held phone while the vehicle is in motion.”
Article 39.1 “Every motor vehicle, every trailer and every combination of vehicles in international traffic shall satisfy the provisions of Annex 5 to this Convention. It shall also be in good working order.”
April 2014: Amendments of Article 8 and 39 adopted (23 March 2016 into force)
Article 8.5bis Vehicle systems which influence the way vehicles are driven shall be deemed to be in conformity with paragraph 5 of this Article and with paragraph 1 of Article 13, when they are in conformity with the conditions of construction, fitting and utilization according to international legal instruments concerning wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles. Vehicle systems which influence the way vehicles are driven and are not in conformity with the aforementioned conditions of construction, fitting and utilisation, shall be deemed to be in conformity with paragraph 5 of this Article and with paragraph 1 of Article 13, when such systems can be overridden or switched off by the driver.
Article 39.1. Every motor vehicle, every trailer and every combination of vehicles in international traffic shall satisfy the provisions of Annex 5 to this Convention. It shall also be in good working order. When these vehicles are fitted with systems, parts and equipment that are in conformity with the conditions of construction, fitting and utilisation according to technical provisions of international legal instruments referred to in Article 8, paragraph 5bis of this Convention, they shall be deemed to be in conformity with Annex 5.
April 2016: Decision allowing experiments
- There is no need for amendments of the conventions of 49 and 68 for experiments with automated vehicles under the condition that a person is ready and able to take control of the vehicle (in or outside the vehicle).
- Possibility to exempt from highway code for experiments (BE, 2018 -> see federal level)
March 2017: Decision allowing other activities than driving
When the vehicle is driven by vehicle systems that do not require the driver to perform the driving task, the driver can engage in activities other than driving as long as:
- Principle 1: these activities do not prevent the driver from responding to demands from the vehicle systems for taking over the driving task, and
- Principle 2: these activities are consistent with the prescribed use of the vehicle systems and their defined functions.
October 2018: Resolution on the deployment of highly and fully automated vehicles in road traffic
IV. Recommendations for automated driving systems in highly and fully automated vehicles
- make road safety a priority
- endeavour to safely tolerate errors of the vehicles’ users, inside and outside of the vehicle, and of other road users in order to minimize potential effects of such errors
- comply with traffic rules
- only operate within their ODD
V. Recommendations for users of automated driving systems in highly and fully automated vehicles
- be aware and informed of their proper use prior to starting the journey
- meet the requirements for their safe use and follow the procedures for their use
- understand if, and when, it is necessary to exercise dynamic control to complete a journey.
If the user is required to exercise dynamic control, or chooses to do so, they must:
- hold the necessary driving permits
- comply with traffic rules
- act lawfully at all times so as not to compromise road safety regardless of whether they or automated driving systems are exercising the dynamic control.
March 2019: discussion papers on 'other activities than driving' and 'driver outside the vehicle' leading to amendment of the Convention(s) - decision September 2019 (exemption)
- Principle 1: “these activities do not prevent the driver from responding to demands from the vehicle systems for taking over the driving task”
- Principle 2 “these activities are consistent with the prescribed use of the vehicle systems and their defined functions”
September 2020: Decision (18 months for formal approval) to allow Member States to derogate from the requirement to have a driver in the vehicle, on the basis of:
- National technical approval
- Usage conditions of the vehicle
In 2019, a brochure was made on the Resolution on the Deployment of Highly and Fully Automated Vehicles in Road Traffic that summarises its position.
Federal level
Code of Practice for testing in Belgium
Contact: Karel Hofman, karel.hofman@mobilit.fgov.be
In 2018, a Code of practice for testing autonomous vehicles was issued.
Relevant articles:
Article 1.1
... the vehicle is used in accordance with the road traffic legislation and providing a test driver is present, or, in certain specific cases, minimally a test operator, who takes responsibility for the safe operation of the vehicle
Article 3.3
Testing on the public road shall invariably require the presence of a test driver. As a minimum, a test operator shall be present in cases where tests are conducted in public places other than on the public road (and on private property accessible to the public), providing the vehicle does not exceed a speed of 30 km/h.
The document refers to SAE'ss (Society of Automotive Engineers) six levels of driving automation, from no automation to full automation (J3016TM “Levels of Driving Automation” standard).
Based on an application form, the federal authorities can approve vehicle prototypes. In addition, a regional authorisation is required at the regional level because of the use of the infrastructure.
Situation February 2020
Experiments with “autonomous” buses = possible (driver - operator)
Regular use of “autonomous” buses - not yet possible
2 (x2) step approach:
- Exemption to be introduced in the international convention on road traffic of 1968 (September 2020 - formalised in 18 months)
- Amend the Belgian highway code accordingly (national vehicle approval) (starting in 2021 - finalised in 2022 at the earliest)
- Update the international convention on road traffic in function of the new emerging technologies (after 2022 - the experience of ‘national exemptions’ will be bundled in a new UN protocol (to be added to the convention on road traffic)
- Amend the Belgian highway code accordingly (type approved vehicles) (step 3 will be the basis of EU type approval and (possibly) also other modifications of the Belgian road code).
Road code
Contact: Karel Hofman, karel.hofman@mobilit.fgov.be
Relevant articles (examples)
Article 1
Every vehicle must have a driver.
Article 59/1. Experiments with automated vehicles
The Minister competent for Road Traffic or his representative may, by way of exception, allow deviations from the provisions of this article for test vehicles used in the context of experiments with automated vehicles, under the conditions set by him and in a limited period of time.
Regional level
Road code
Together with the federal level, the regions play an important role in de further development of the road code.
Flemish region (Ministry of Mobility and Public Works)
Contact:
Brussels Capital Region (Brussels Mobility)
Contact:
Walloon region (SPW Mobilité et Infrastructures)
Contact: