The French regulatory framework for automated road transport systems (ARTS) has been published.

Law No. 2019-1428 of 24 December 2019 on the orientation of mobility (LOM law) has opened up the possibility of adapting legislation to the operation of automated vehicles on public roads. The operating conditions for automated vehicles and the associated liability rules were then defined by the Ordinance of 14 April 2021 and then specified by the Decree of 29 June 2021 (link to the Legifrance website). These provisions authorise automated vehicles to operate in France, up to “Level 4” automation levels (with no driver on board) for passenger transport.

This regulatory framework has been designed to complement the European framework for type-approval, which is currently being adapted to cover increasing automation. This puts France at the forefront of European and G7 countries in terms of regulatory legislation for the operation of vehicles and services, beyond experimentation.

What you need to know about Decree no. 2021-873 of 29 June 2021

Decree no. 2021-873 of 29 June 2021 (link to the Legifrance website) sets out:

• the conditions for operating automated vehicles and automated road transport systems. It covers levels of automation up to fully automated systems, provided they are supervised by a remote operator and operated on predefined lanes or areas.
• definitions and general safety provisions for these systems, as well as requirements for the driver or remote operator.
• the conditions under which fully automated systems (including vehicles, equipment on the route or allowing remote operation and operating procedures) can be put into service, after a specific safety demonstration process.

STRMTG, which worked closely with the DGITM on drafting this decree, plays a central role in this process. These provisions will come into force on 1 September 2022, enabling the operation of automated passenger transport services beyond the experimental framework.

These requirements clarify the principles of responsibility set out in Ordinance 2021-443 of 14 April 2021.

A few definitions

1) “Partially” automated vehicle
Must request takeover of control to respond to certain traffic hazards or failures during a manoeuvre.

2) “Highly” automated vehicle
Can respond to any traffic hazard or failure (within its Operational design domain), with no need to request takeover of control during a manoeuvre.

3) “Fully” automated vehicle
Can respond to any traffic hazard or failure, with no need to request takeover of control during a manoeuvre.
Used in automated road transport systems with remote intervention capability

4) Automated Road Transport System (“ARTS”)
A set of highly or fully automated vehicles, and technical facilities allowing remote intervention orsafety, operated on predefined routes or areas, and supplemented by operating, servicing and maintenance rules, with a view to providing a passenger road transport service.

5) “Remote intervention”

• Only within an automated road transport system
• Activate, deactivate the system
• Instruct the system to perform, modify or stop a manoeuvre
• Acknowledge manoeuvres proposed by the automated driving system
• Select, modify route planning or stop points

6) “Minimal Risk Manoeuvre”

• Stopping the vehicle in a situation of minimal risk to its occupants and other road users
• Automatically performed by the automated driving system, following a hazard not foreseen in its operating conditions, a serious failure or, in the case of remote intervention, a failure to acknowledge a manoeuvre requested by the system

7) “Emergency manoeuvre”
A manoeuvre automatically performed by the automated driving system in the event of an imminent risk of collision, with the goal of avoiding or mitigating it.

Operating conditions for automated road transport systems (ARTS or STRA in French)

All automated road transport systems must comply with operating conditions that specify:

• the operational domain and system technical design domain
• the conditions under which a minimal risk manoeuvre is activated by the automated driving system
• the conditions under which an emergency manoeuvre will be activated by the automated driving system
• the conditions under which an authorised person can give the order to perform, modify, stop or remotely acknowledge a manoeuvre
• the manoeuvres that can be performed remotely
• the conditions for remote acknowledgement of manoeuvres proposed by the system.
  General safety requirements for ARTS

All automated road transport systems must:

• be designed to avoid accidents that may result from reasonably foreseeable situations within its operational domain,
• recognise if it is within its operational domain, and be active only within the operational domain,
• detect failures and cases where the vehicle leaves the operational domain and inform the operator, including during remote operation.

Like the STPG (safety of guided public transport systems)regulatory framework, the GAME (Globally At Least Equivalent) principle is the benchmark for ARTS safety. Any automated road transport system must be designed, commissioned and, where appropriate, modified in such a way that the overall level of safety with regard to users, operating staff and third parties is at least equivalent to the existing level of safety or to that resulting from the implementation of systems or sub-systems providing comparable services or functions, taking into account current practices, field experience concerning them, and reasonably foreseeable traffic conditions on the route or traffic area in question.

The role of STRMTG

Before commissioning, safety demonstrations during the various phases of the project are the responsibility of:

• the designer in terms of the ARTS technical system,
• the transport authority in terms of the ARTS system.For each of these, one or more Approved Qualified Organisations (AQO) conduct an independent safety assessment of the ARTS, and issue an advisory opinion.

After commissioning by the transport authority, the ARTS safety management system set up and maintained under the responsibility of the operator, is assessed annually by an AQO.

STRMTG is not responsible for examining files or inspecting ARTSs. However, STRMTG is responsible for:

• drawing up and updating safety assessment and demonstration standards,
• approving and inspecting AQOs in the field of ARTS,
• using the analysis of ARTS incidents and accidents to improve safety (feedback).