Self-driving cars on Czech roads: what the law really allows today and who is responsible

From ban to permit: how Czech legislation has changed

Until recently, Czech law did not in principle envisage “driverless cars”. The Road Traffic Act was based on a simple premise: a vehicle is always driven by a person who is responsible for its behaviour in traffic. Assistance systems were permissible, but only as an aid to the driver – not as a substitute. Once the vehicle was driving itself and the driver was not engaged in driving, he was outside the law.

The breakthrough came only with the amendments effective from 1 January 2026, which respond to developments in technology and European legislation. Czech law now explicitly allows the operation of so-called automated vehicles, i.e. cars that can take over driving in certain situations without human intervention. The fundamental change is not only to “allow autopilot”, but above all to prevent the driver from being held legally responsible for the behaviour of a vehicle that he or she no longer actually controls.

The new regulation distinguishes between a human driver and an automated system. When the autonomous mode is active, the driver is not legally considered to be the driver and is not responsible for compliance with the rules of the road. The responsibility shifts to the manufacturer of the vehicle and its system. At the same time, however, the law clearly states that the driver must be prepared to take over driving when called upon.

The Czech legislation has thus moved towards controlled authorisation, which opens the door to autonomous mobility, but still within clearly defined limits. From a legal point of view, the key will not only be that autonomous driving has taken place, but above all whether it can be clearly demonstrated who was actually driving the vehicle at the time – a human or an automated system.

What “autopilot” is legal today: the L3 level and its limits

When talking about self-driving cars on Czech roads, it is important to make one thing clear from the outset: these are not fully autonomous vehicles. Current Czech legislation only allows the operation of vehicles with so-called conditional automation, referred to as level L3 according to the SAE international scale. This means that the car can drive itself in certain situations, but the human driver has not completely “disappeared” from the car.

The automated system can only take over driving under well-defined conditions that are part of its approval. Typically, this involves driving on directionally separated roads, i.e. mainly motorways, in normal weather conditions. The maximum speed at which autonomous mode can be used is now set at 130 km/h, although the manufacturer may set stricter limits for a particular model.

Crucially, autonomous mode is not an obligation but an option. The system itself assesses whether the technical and operational conditions are met before offering the driver the option of activating it. If the driver chooses not to take up the offer, the vehicle operates as a normal car with assistance systems.

However, even in autonomous mode, the driver must remain in the vehicle and be ready to take over the driving when prompted by the system. Should he ignore the prompt, the vehicle must enter a safe state. Fully self-driving cars without a driver behind the wheel – levels L4 and L5 – are not yet allowed under Czech law. Automated driving is conceived in Czech law as an exception to the general principle of driver responsibility, not as a new default model for vehicle operation. Autonomous driving is thus seen as a temporary and conditional way of driving, not as a full replacement of the driver for the entire driving period.

Driver, operator, manufacturer: who has what obligations

One of the most important innovations brought by the Czech legislation on autonomous vehicles is a clear division of roles between the driver, the operator and the manufacturer. The lack of clarity on “who is responsible for the car” has long been one of the main obstacles to the authorisation of autonomous driving.

In the normal human-driven mode, the situation remains the same as before – the driver is responsible for compliance with the rules of the road and the operator for the technical condition of the vehicle. The turning point comes when the approved L3 autonomous mode is activated. At this point, the driver is no longer considered as a driver in legal terms and is no longer subject to the driving obligations.

Responsibility for the behaviour of the vehicle in autonomous mode passes to the vehicle and automated system manufacturer. The latter must ensure that the system is safe, properly approved and used only in the conditions for which it was homologated. The manufacturer is also obliged to keep and provide, on request, data on whether the vehicle was driven by a human or an automated driver at a particular time.

However, the driver is not entirely ‘duty-free’. He or she must remain in the vehicle, be able to take over driving when called upon by the system and allow the police to verify the driving mode. In particular, the operator of the vehicle is responsible for ensuring that the vehicle is operated in accordance with the approved conditions and is properly insured. At the same time, the autonomous mode does not act as an ‘invisible shield’ – the driver is obliged to actively cooperate with the police and allow verification of the mode in which the vehicle was operated in a particular situation.

Accident in autonomous mode: who is liable and who pays the damages

The issue of liability in an accident is one of the most sensitive topics in autonomous driving. It is here that the new Czech legislation has brought the most significant shift compared to the past. As we have already indicated above, it is crucial to distinguish whether the accident occurred in autonomous mode or under human control. This becomes the key figure for further legal assessment. At the same time, the new legislation is based on a strict distinction between liability for an offence and liability for damages.

The legislation also works with the rebuttable presumption that if the activation of the autonomous mode cannot be verified, the vehicle is deemed to be driven by the driver. Autonomous driving is thus not automatically presumed, but must be proven in a particular case. The logic of the law is that in cases where autonomous driving is already evident during the initial investigation, the offence procedure should not be initiated at all.

If the vehicle was driving in a properly activated autonomous mode at level L3, neither the driver nor the operator is liable for any offences that the vehicle may have committed. The purpose of this regulation is not to automatically transfer liability to the manufacturer, but above all to exclude the liability of a person who was not actually driving the vehicle and could not influence its behaviour. In such a case, the liability for the infringement of the road traffic rules lies with the manufacturer of the vehicle or automated system. Therefore, the law obliges manufacturers to keep data on the operation of the vehicle and to prove who was actually driving the vehicle at a given time when requested by the police or administrative authorities.

Compensation for damage caused by an accident is a separate issue. This continues to be dealt with by means of compulsory third party insurance. The injured party is thus directed to the insurance company, not directly to the manufacturer. Only then can the insurer recourse be made against the manufacturer if the damage is caused by the failure of the autonomous system.

A different situation arises if the driver fails to take over driving when prompted by the system, even though he or she was able to do so. In such a case, liability may revert to the driver. The new legislation thus combines the protection of the person who was not actually driving the vehicle in autonomous mode with an emphasis on his alertness and co-responsibility.

Czech travel vs. abroad: inspiration from Germany and the world

The Czech legislation on autonomous vehicles is inspired by Germany, one of the leaders in this field in Europe. The German model emphasises that it is always clear who is controlling the vehicle – the human or the system. Hence the need for technical documentation, driving records and a clearly defined moment of handover of control. These principles also appear in Czech law.

The Czech Republic currently allows the operation of vehicles with L3 level autonomy, where the driver can temporarily hand over control to the system. Germany already has a legal framework for level L4 – vehicles without driver intervention, but only on approved routes and under precisely defined conditions. In the US, for example in California, they go even further – allowing robo-taxis in normal traffic. Liability there is dealt with by licensing and contractual relationships rather than a uniform legal framework.

The Czech approach is restrained but thoughtful by comparison. What makes it exceptional is not the degree of autonomy but the way it deals with liability and the burden of proof. The autonomy regime is seen as an exception to the normal liability of the driver – unless proven, the vehicle is presumed to have been driven by a human. This protects legal certainty and prevents abuse of the system. If it is clear that the vehicle was driving autonomously, the offence is not even addressed. Compensation remains under the compulsory liability regime, with the possibility of subsequent recourse to the manufacturer. This is not an automatic shifting of blame, but a respect for reality – those who do not drive are not liable.

This combination of legislative caution, a clear evidentiary framework and separation of liability makes the Czech Republic – alongside Germany – one of the countries best prepared for the advent of autonomous mobility. This is not technological conservatism, but a conscious decision to protect individuals until the law offers a sufficiently solid foundation.

Summary

As of 1 January 2026, Czech law for the first time explicitly allows the operation of vehicles with conditional automation (level L3). These are not fully self-driving cars, but systems that take over the driving instead of humans in well-defined situations – typically on motorways. The key change is a clear division of responsibilities: in autonomous mode, the responsibility is not with the driver or the operator, but with the manufacturer of the vehicle and its system. However, the driver must remain in the vehicle and be ready to take over the driving. The Czech legislation thus opens the way for autonomous mobility in a cautious way, with an emphasis on safety, legal certainty and control, while following the European – especially German – model of regulation.