You will be provided with a reference and some statements. Please determine whether each statement is 'supported', 'unsupported', or 'unknown' with respect to the reference. Please note:
First, assess whether the reference contains any valid content. If the reference contains no valid information, such as a 'page not found' message, then all statements should be considered 'unknown'.
If the reference is valid, for a given statement: if the facts or data it contains can be found entirely or partially within the reference, it is considered 'supported' (data accepts rounding); if all facts and data in the statement cannot be found in the reference, it is considered 'unsupported'.

You should return the result in a JSON list format, where each item in the list contains the statement's index and the judgment result, for example:
[
    {
        "idx": 1,
        "result": "supported"
    },
    {
        "idx": 2,
        "result": "unsupported"
    }
]

Below are the reference and statements:
<reference>
German Bundestag adopts law on automatic driving

Last Thursday, the Bundestag, the lower house of the German parliament, approved legislation on cars that can drive partially or completely automatically (“automated vehicles”). The CDU/CSU and SPD factions approved a version amended by the Bundestag’s Transportation Committee of a bill proposed by the Federal Government to amend the Road Transportation Act [Straßenverkehrsgesetz (StVG)].

Insights
Expertise
Professionals
Career
About us
en
/
German Bundestag adopts law on automatic driving

News

German Bundestag adopts law on automatic driving
05.04.2017
Last Thursday, the
Bundestag,
the lower house of the German parliament,

approved legislation on cars that can drive partially or completely automatically (“automated vehicles”). The CDU/CSU and SPD factions approved a
version
amended by the
Bundestag’s
Transportation Committee of a bill proposed by the Federal Government to
amend the Road Transportation Act
[Straßenverkehrsgesetz
(StVG)]
.

“When used as stipulated”

The intention is to add to the StVG a provision stating that motor vehicles with automated systems can be used in traffic on public roads in such a way that the driver can transfer control of the vehicle steering to the technical systems in certain situations. Thus, operating automated vehicles is to be permissible “when used as stipulated”.

According to the newly added Sec. 1a (4) StVG, under such circumstances, the user of the automated vehicle is to remain the vehicle’s driver, i.e. not be replaced by the partial or completely automated system during the automated phase. This would only be the case with “autonomous driving”, in which there is no driver, only passengers. This clarification is necessary because up to now, a vehicle driver has been defined as the person who steers the motor vehicle and has the actual control of the steering wheel.

Liability issue: “immediately regaining control of the vehicle”

When using the automated function, the vehicle driver must observe specifically regulated duties regarding immediate recovery of control. According to Sec. 1b (2) of the amendment to the StVG, the vehicle driver is obligated to immediately recover control either upon request by the system or, absent such request, when she/he recognizes or must recognize due to obvious circumstances that the “prerequisites for stipulated use” of the automated driving function are no longer fulfilled. In the future, a driver’s failure to comply with this due diligence obligation can trigger (fault-based) liability pursuant to Sec. 18 StVG. Thus, failure to comply with the duty to recognize a “recovery situation” can also constitute a breach of a due diligence obligation and result in liability.

If the driver is not obligated to pay damages for the accident, the vehicle owner, as in the past, can be deemed subject to damages liability under no-fault endangerment liability (Sec. 7 StVG).

Reactions to criticism

Criticism came from many quarters that the user would be subject to draconian liability risks. During a hearing in the
Bundestag,
experts stated that the desired added value of automated systems would not be given if the driver had to be vigilant the entire time so as to be able to recover control “immediately”. The current version of Sec. 1b StVG now contains the passage “The vehicle driver is permitted (…) to turn his/her attention away from traffic conditions and the vehicle’s steering wheel”. However, “she/he must remain so alert to outside influences” that he/she can recover control “at any time”.

Another recommendation was that areas of responsibility be separated and the manufacturer be made more responsible for phases when the system is driving. Liability on the part of the manufacturer can currently be drawn primarily from product and manufacturers’ liability. However, the owner and driver liability situation pursuant to Sec. 7, 18 StVG remains unchanged for now. No explicit mention of manufacturer liability is made.

Data storage

Much criticism has also been heard regarding the planned data storage device (“black box”), which is intended to clarify liability issues, especially in the event of accidents. Objections were raised against the previous version due to the lack of specific stipulations regarding intended purpose, deletion and use of the data as well as the design of the technical storage medium.

Sec. 63a of the StVG as amended stipulates that location and time information taken from a satellite navigation system is to be stored in certain cases: when control of the vehicle is transferred between its driver and automated systems, the system requests control recovery or a technical disorder occurs. According to the recently adopted draft law, the data storage period is to be limited to six months unless the vehicle has been involved in an accident, in which case the data is to be deleted after three years.

Future developments

The adopted draft is an attempt to align strong technical potential with safety issues and apportionment of liability. The official explanatory memorandum of the draft law states that until efforts toward a European solution bear fruit, national laws must be passed. It remains to be seen whether these changes will satisfy the critics. If the upper chamber of the German parliament, the
Bundesrat,
does not raise any objections, the current version of the amendment of the StVG will enter into effect.
Your contacts
Automotive & New Mobility
Outsourcing & Cloud
Product Liability
Share

Well

informed
Subscribe to our newsletter now to stay up to date on the latest developments.
Subscribe now
Show all
Insights

News
Private video recordings made using wearables in public spaces
10.08.2026

News
EU Commission sets out details of the Cyber Resilience Act
04.08.2026

News
NIS2 in the automotive sector – obligations, liability risks and corporate challenges
04.08.2026

News
New EU End-of-Life Vehicles Regulation – a challenge for the automotive industry
27.07.2026

News
New labelling obligations for commercial guarantees offered by producers and legal guarantee of conformity under the EmpCo Directive – action needed by September 2026
23.07.2026

Briefing
Navigating the Legal Challenges of the Global Space Economy
22.07.2026

News
2026 sales law reforms: German Bundestag calls for exemption for vehicles when extending warranty periods
20.07.2026

News
Developments following the ECJ’s decision in the Carglass case: Delegated Regulation (EU) 2026/699 sets out new guidelines for secure gateways, OBD access and RMI
22.06.2026

News
Digital Omnibus: AI is nearing the finish line – is EU data law heading down the wrong track?
18.06.2026
Press
Legal notices
Privacy policy
Newsletter
Noerr
Noerr Career
</reference>

<statements>
1. Germany: StVG §§ 1a, 1b, 63a [47]
2. Germany, Legal Classification of Human Operator: Retains legal status of "Driver" (*Fahrzeugführer*) under § 1a(4) [47].
3. Germany, Statutory Duty During Automation: Permitted to turn attention from traffic; must remain alert enough to retake control immediately upon prompt (§ 1b) [47].
4. Germany, Third-Party Victim Recovery Mechanism: Direct claim against keeper's mandatory liability insurer under strict liability (§ 7 StVG) [47].
5. Germany, Manufacturer / Upstream Liability Locus: Subrogation action by insurer against OEM under general Product Liability Act (*ProdHaftG*) [47].
6. Germany, Mandatory Event Data Recording: § 63a StVG: Logs time/location coordinates, control transfers, TORs, and technical faults (3-year retention) [47].
7. Under § 1a StVG, motor vehicles equipped with automated driving functions are permitted on public roadways, with paragraph 4 clarifying that the human who activates the system remains the legal driver (*Fahrzeugführer*) during automated operation [47].
8. Under § 1b StVG, the law formalizes driver obligations during automation [47].
9. Paragraph 1 allows the driver to turn their visual attention away from the road to engage in secondary tasks, provided they remain capable of resuming manual control at any time [47].
10. Paragraph 2 requires the driver to immediately re-assume control under two distinct conditions: when the system issues a Takeover Request, or when the driver recognizes, or should recognize based on obvious external circumstances, that the system has exceeded its operational design domain [47].
11. To resolve factual disputes over who was controlling the vehicle at the time of an incident, § 63a StVG requires an onboard event recorder that logs satellite time and location coordinates, system control transitions, takeover prompts, and technical disengagements [47].
12. Data must be retained for six months, or three years if the vehicle is involved in a collision, providing an evidentiary record to determine whether a crash resulted from an algorithmic defect or a driver's failure to respond to a prompt [47].
13. Civil liability is structured around strict keeper liability (*Halterhaftung*) under § 7 StVG, under which the vehicle keeper is strictly liable for personal injury or property damage resulting from vehicle operation [47].
14. Injured third parties recover directly from the vehicle's mandatory motor insurer, which then retains subrogation rights against the manufacturer under product liability law if a software or hardware failure caused the incident [47].
</statements>

Begin the assessment now. Output only the JSON list, without any conversational text or explanations.