SAE automation levels: a reminder
SAE levels: level 0 (no automation), level 1 (assistance, e.g. cruise control), level 2 (partial, e.g. Tesla Autopilot, VW Travel Assist), level 3 (conditional, the vehicle drives alone but the driver must be able to take over), level 4 (high, no driver in some conditions), level 5 (total).
Level 3 in France since 2023
The 2022 Mobility Orientation Act and decree n° 2023-234 officially authorised level 3 in France on 1 September 2023. The Mercedes S-Class and EQS are the first homologated vehicles with Drive Pilot. In 2026, BMW 7 Series and Mercedes E-Class join them.
When can level 3 be activated?
Very strict conditions
Only on motorways (not urban expressways), speed limited to 60 km/h (130 km/h allowed by Mercedes in some US and German cases, but 60 km/h in France in 2026), mild weather (no heavy rain, no thick fog), dense traffic (traffic jam), visible road markings.
Concrete use examples
A Paris-Lyon trip in a jam at 50 km/h: Drive Pilot can drive for 1-2 hours while you read, watch a film or work. Mercedes and BMW even legally allow displaying text on the central screen.
Liability: who is responsible in case of accident?
While level 3 is active
The manufacturer holds civil liability for any damage caused by a system failure. A new dedicated "manufacturer liability" insurance category is required (included in the Mercedes/BMW purchase price).
At handover
The vehicle warns the driver 10-15 seconds before handover (motorway exit, sudden rain, emergency slowdown). During this phase, liability switches to the driver.
Technical failure
A logbook records all parameters in real time. In case of accident, this log is transmitted to the authorities (CERT). The new legal procedure may take 12-18 months to determine liability.
Licence: no change
The classic B licence is enough. You need no specific training - in theory. In practice, Mercedes, BMW and other makers offer free 2-hour sessions to tame the system. Strongly recommended.
Current 2026 limits
The system deactivates automatically if: invalid markings, tunnel, toll, strong weather, camera/lidar/radar failure. In that case, takeover mandatory within 10 seconds - otherwise, auto slowdown and stop.
What about levels 4 and 5?
Level 4 (driverless in a defined perimeter) is not yet allowed for private users in France in 2026. Only autonomous taxi fleets under trial are homologated (Paris, Saint-Cloud, Vélizy, Toulouse). Level 5 (fully autonomous) remains a 2030-2035 horizon goal.
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Frequently asked
Your questions on this topic
What does the law say on level 3 autonomous vehicles in France?
Since September 2022, France authorises the circulation of level 3 autonomous vehicles (partial delegation) on motorway up to 60 km/h. The driver can detach attention from the road but must remain available within 10 seconds maximum upon request. Liability in case of accident lies with the manufacturer when the system is active. Only a few models are approved: Mercedes S/EQS Class and BMW 7 Series.
Do you need a licence for autonomous vehicles in 2026?
Yes, the B licence remains mandatory to drive an autonomous vehicle up to level 3 inclusive, as the driver must be able to take back control at any time. Levels 4 (total delegation in a defined zone) and 5 (total delegation) are in experimentation in Lyon (shuttles), Paris (Olympiades) and Toulouse. The driver status will eventually disappear for these levels, transforming the passenger into a mere user.
Who is liable in case of accident with an autonomous vehicle?
Liability sharing depends on the automation level active at the time of the accident. For level 3, if the system was engaged, the manufacturer is presumed liable. If the driver took back control, their liability is engaged. The road code integrated the driving delegation notion in 2022. Black boxes (Event Data Recorder) are mandatory since 2024 to trace system actions.
What are the autonomy levels of vehicles in 2026?
6 levels per SAE classification: level 0 (no autonomy), level 1 (occasional aid, cruise control), level 2 (combined assistance, Tesla Autopilot), level 3 (partial delegation, driver available), level 4 (total delegation in defined zone), level 5 (total delegation without restriction). In 2026, mass-market vehicles peak at level 2. Level 5 remains experimental, not commercialised.
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