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Autonomous Vehicles Regulation in Russia

Autonomous Vehicles Regulation in Russia

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After an initial wave of euphoria at the prospect of seeing autonomous vehicles (AVs) on our streets and the associated opportunities and new business models that AVs could create, there is now more realism as to what will actually be possible in the short term. One of the main reasons for this shift is the immensely high cost of making self-driving technology ready for the market and for mass production. There are also no internationally recognised, uniform rules or regulations currently governing the circumstances for using AVs on public streets. This adds further complexity to their development and roll out. So while self-driving technology promises a range of benefits for business and society as a whole, significant challenges remain to be overcome on the road to mass adoption. At the very least, legislators need to make sure that the existing regulatory framework does not act as a barrier to technological development in this area.

Dr. Thomas Heidemann and Maxim Gubanov answered five questions on the legal requirements for testing and using AVs in Russia.

1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?

Yes, the testing experiment is currently underway in a number of Russian regions including Moscow. The experiment was initiated by the Government of the Russian Federation in 2018. The respective participants can only be legal entities, which are obliged to pass through an admission procedure that includes technical expertise with the vehicle, etc. 

2. Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?

Not yet, as the relevant car model is unlikely to pass the certification for its use on public roads under current safety standards. However, the Government of the Russian Federation recently adopted the Concept on Ensuring Safety on Pubic Roads While Using Pilotless Vehicles. The Concept sets forth five levels of driving automation and anticipates future developments in this area including the need to create a necessary infrastructure for the use of AVs, etc.

3. Who has liability for damages caused by a car in automated driving mode?

The owner of the AV that participates in the testing experiment remains liable, unless it has been proven that the relevant traffic accident has happened due to fault of other traffic participants. 

4. Are there any specific mandatory insurance requirements for AVs?

Yes, the insurance coverage against third party liability should be RUB 10m (approx. EUR 125,000) – for each AV participating in the testing experiment.

5. Is there general liability based on warranty claims against the manufacturer for AVs?

Russian consumer legislation allows consumers to file claims directly to the manufacturer. As soon as it is permissible for the corresponding AV to be sold to consumers, its manufacturer will likely be exposed to potential direct liability from consumers similar to other car manufacturers.

By Thomas Heidemann, Partner, and Maxim Gubanov, Senior Associate, CMS

CMS at a Glance

CMS Sofia is a full-service law firm, the largest international law firm in Bulgaria and one of the largest providers of legal services in the local market as a whole. The breadth and depth of our practice means that our lawyers are specialised, with a level of specialisation that few of our competitors can match.

CMS Sofia is the Bulgarian branch of CMS, a top ten global legal and tax services provider with over 5000 lawyers in 43 countries and 78 offices across the world.

CMS entered the Bulgarian market as one of the first internationally active law firms in 2005 and is now among the most respected legal advisors in the country. We have 7 partners, 4 counsel and over 30 lawyers in our office in Sofia.

Our legal experts, who are rooted in Bulgaria’s local culture, can also draw on years of experience in foreign countries and are at home in several legal systems at once. We know the particularities of the local market just as well as the needs of our clients and combine both to achieve optimum solutions. Our lawyers are Bulgarian qualified and we also have English qualified experts – all of them regularly working on cross-border mandates.

In our work, we focus on M&A, Energy, Projects and Construction, Banking and Finance, Real Estate, Media, IP and IT law, Tax, Employment law, Competition, Procurement and any kind of Dispute resolution, including arbitration and mediation. What’s more, we also take care of the entire legal management of our clients’ projects.

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