With automated vehicles rapidly conquering the global automotive industry, a crucial question arises: can Swedish legislation keep up with technological developments, or do we risk being left behind? Sweden’s traffic legislation, which traditionally requires the driver’s constant attention, is at a crossroads - and the road ahead offers both challenges and opportunities.
Adapting Swedish legislation to higher levels of automated driving is not only a challenge, but also an opportunity to shape the traffic rules of the future, say the authors of the article, Lisa Bourghardt, Counsel, and Markus Hedbys. By proactively revising the laws, Sweden can not only ensure a high level of road safety, but also establish itself as a global pioneer in both traffic and technology.
Sweden has long been a pioneer in road safety, and our traffic legislation is based on a strong focus on responsibility, care and awareness to protect lives on the roads. The Swedish Traffic Ordinance (1998:1276) provides that in order to avoid road accidents, all road users must exercise the care and caution required by the circumstances and comply with the traffic rules communicated by road signs, road markings, traffic signals, light signals or directives from the traffic police. This is necessary to ensure a smooth and safe traffic environment. Legislation governing road safety, which places stringent demands on the driver’s attention, is of course good, although essentially it lacks explicit rules on the use of vehicles that would allow exceptions to the driver’s constant attention. Swedish legislative work in this area has also stagnated, and previous ambitions to review the current regulatory framework seem to have come to a standstill. At the same time, the development of automated driving has made great progress, particularly in terms of road safety. These driving systems are developed specifically to improve road safety. Moreover, many road accidents are in fact due to careless or inattentive human drivers.
Under current Swedish law, it is possible to use vehicles with automated driving functions on a trial basis in specific areas with prior authorisation from the Swedish Transport Agency. Current automated driving technology from the major car manufacturers also includes possibilities for the ordinary car driver to, in some cases, let go of the steering wheel and lean back, which is in stark contrast to the Swedish view of the concept of road user and driver.
In a world of rapidly evolving technology, we are now faced with the question: How do we adapt our legislation to a reality where the driver does not always need to be in full control of the vehicle, provided that the vehicle’s driving system is type-approved and safe? Automated vehicles are more than just technological innovations - they change the fundamental premises of how the traffic system works and, in particular, challenge the Swedish legal concept of the driver. For Sweden to remain a leader in road safety, we need to think outside the box and create legislation that not only reacts to change, but actively shapes the future of road transport.
Although Swedish legislation does not actually explicitly prohibit driving with automated vehicles, provided that such vehicles are type-approved, the Swedish Traffic Ordinance (1998:1276) and other relevant regulations require the driver’s attention and responsibility. This means that the role of the driver under current legislation does not fully reflect the new possibilities offered by automation. The SAE classification of automation levels, from level 0 (no automation) to level 5 (full automation), provides a clear framework for understanding technical limits. However, Swedish legislation has not kept pace with developments, especially for level 3 and above, where the driver can delegate certain driving tasks to the system.
Of course, vehicles with these higher levels of automation already exist and technology is constantly evolving. To capitalise on these advances in both technology and road safety, Swedish legislation should be revised and adapted to the new conditions.
As technology evolves at a rapid pace, it is crucial that legislation and the legal concept of the driver do too. Imagine a scenario where all automated vehicles on Swedish roads are equipped with advanced technology to monitor driver attention, such as eye movement sensors or AI-based systems that can predict when the driver needs to regain control. If these systems are compatible with the requirements of the Swedish Traffic Ordinance on driver care and attention and other traffic rules, Sweden can create legislation that offers a safe, secure and progressive environment for both motorists and innovators.
It is not just a matter of regulating – the balancing act is to also incentivise the development of the most advanced and safe automated systems on the market. A potential consequence of government regulation and control of automated vehicles is, of course, the risk of over-regulation, which could hinder technological innovation and the implementation of more efficient systems. If the state gains too much control over technical aspects, for example by imposing too strict legislation or bureaucratic barriers, we risk shutting out both domestic and international players from developing and applying the most advanced automation solutions. This could slow down technological development and lead to a loss of competitive advantage for Sweden in the automotive industry.
Despite previous legislative ambitions, Swedish legislative work on automated driving has stalled. As early as 2018, there were plans to review the concept of driver and other liability issues relating to automated driving (SOU 2018:16). One of the aims of the review was to introduce new definitions of the concept of road user and adapt existing regulations to create better legal conditions for automated driving in public transport. However, in 2021, the Swedish government referred to the ongoing review of EU legislation as a reason to wait for any major legislative reforms in Sweden (Ds 2021:28). In 2023, on the other hand, minor legislative reforms were proposed regarding trials of autonomous vehicles in Sweden (Memorandum - Automated driving), which were proposed to enter into force in July 2024. However, the legislative proposal resulting from the memorandum on an ordinance governing road traffic with type-approved fully automated vehicles has not yet entered into force.
Although legislation is lagging behind in some areas, this does not mean that Sweden has no chance. By laying the groundwork for faster legal adaptation, Sweden can catch up and possibly become an international role model. We already see examples of this in other countries, including Germany, which has implemented rules to meet the high levels of automation.
Sweden has a unique opportunity to implement a proactive reform of transport legislation. In this way, we can ensure a high level of safety, create a dynamic legal environment and attract innovation and investment in the automotive industry. By embracing technological developments and creating legislation that both promotes road safety and opens the doors to future innovations, Sweden can strengthen its position as a leader in both road safety and technological development.
