ASTRA clarifies No handbrake between the seats - are new cars still suitable for learning to drive?

Electronic parking brakes instead of classic hand levers: what sounds technically advanced causes uncertainty during learner drives, as a recent case shows. What is allowed - and which systems are particularly tricky?

Anyone involved in driver training knows the procedure: Stick a blue "L" on the rear, parents in the passenger seat - and off you go. That's what father Roger* and his son Mark* did at the weekend in Zurich. They get into the family car, a Tesla Model Y, and take a spin through the city.

But the journey ends at the roadside for the time being. The police wave the vehicle out for inspection. They want to know where the handbrake is. And whether father Roger can intervene from the passenger seat in an emergency.

Roger remains calm. "Yes, if I press this button, the car brakes automatically," he says, pointing to a button on the center console. The police officers let father and son drive on - but insist that they return home straight away.

What remains is uncertainty. "Can I now take my son on practice drives, or do I have to get another car?".

This question is not only asked by Roger, but by many parents. Because more and more cars no longer have a manual handbrake. And the law only states that the co-driver must be able to intervene in an emergency during practice drives. With new cars, this is easier said than done.

What the law requires

The Federal Roads Office (FEDRO) is familiar with such cases. Thomas Rohrbach, Deputy Head of the Information and Communication Division, says at the request of blue News: "The incident described understandably raises questions - especially for parents who want to accompany their children in a committed and responsible manner as they acquire their driving license."

The legal basis is clear: "The traffic regulations stipulate that the accompanying person must be able to easily reach the handbrake when learning to drive a car." The background to this is safety. "The accompanying person should be able to intervene in a critical situation."

The problem does not only affect Tesla or other electric cars. "Potentially affected are all vehicles in which the parking brake is electronically controlled and not designed as a classic mechanical handbrake between the front seats," explains Rohrbach. Today, this affects "many modern vehicles - regardless of whether they are powered by an electric, hybrid or combustion engine".

These requirements must be met

One thing is clear: "Learner rides are also permitted in vehicles with electromechanical parking brakes", says Rohrbach, but adds "as long as certain requirements are met".

The decisive factor is that the accompanying person can actually intervene. In concrete terms, this means according to the applicable FEDRO rules:

Nevertheless, the rules leave some questions unanswered. This is because whether the points are fulfilled "depends on the specific technical design of the vehicle in question". The assessment can therefore "vary in individual cases", according to FEDRO.

Zurich-based driving instructor Nils Hommel is familiar with the practice. In an interview with blue News, he says: "In the case of new cars, the road traffic authorities may not approve them as practice vehicles because the handbrake is too far away from the passenger or the brake can be overridden by the accelerator pedal." In this case, the Astra recommends switching to a different car.

But when is the handbrake too far away? And what happens in the case of "brake buttons" such as in the Tesla model mentioned above?

Button, display - or update?

Hommel himself drives a Tesla Model Y, "the latest Model Y", before that he owned a Model 3 Performance.

Tesla models from 2023 onwards had a "parking" button. "If you press the button, the emergency brake is triggered after a certain latency." This button was accessible from the passenger seat. "It's not perfect in an emergency situation, but it is accessible," explains Hommel, adding: "This function cannot be overridden by the accelerator."

In newer models, however, the button has disappeared. "It's integrated into the display." A circular icon is shown on the display, which can be swiped to the side. This triggers parking mode or the parking brake. Hommel says: "This icon can also be swiped to the side while driving to trigger the emergency brake." This is possible from the passenger seat in the Tesla.

However, there is a catch. Hommel says: "At a certain speed, the icon that you can swipe to the side disappears." You then find it again in the menu on the display. This is not ideal, because in an emergency you usually don't have time to search for the parking brake in the menu.

Driving school car only with conversion

Hommel sees a further danger with Tesla when it comes to updates. "If you own a Tesla, the operating system can be updated with a new version or improvements." Similar to a smartphone, you could update the operating system. In this case, the parking brake could no longer be found in the system menu, but perhaps in the vehicle data or somewhere else on the screen. In this case, Hommel is not sure whether the car could still be used for a practice drive.

Hommel knows Roger and Mark's situation well, because: "A few years ago, my driving school car wasn't marked as such. So I was checked by the police." The police also wanted to check whether Hommel's co-driver could release the brakes. At the time, Hommel was able to prove that he could intervene: "But my car has been modified so that I also have pedals on the passenger side." Pedals are mandatory for driving instructors.

Rule is being reviewed

The current rules regarding the handbrake are not new. "The requirement that the accompanying person must be able to reach the handbrake easily has been in place for years," says Rohrbach from FEDRO. However, new technologies such as electromechanical parking brakes "sometimes lead to questions of interpretation".

Since January 1, 2021, the new regulation on driver training has also been in force: learner's license from the age of 17, mandatory one-year accompanied learning phase before the 20th birthday. This regulation is currently being evaluated. "As part of this evaluation, we are also examining whether there is a need to adapt individual provisions - including the handbrake regulation." The results are "expected in the course of this spring".

Anyone who is unsure should go to a garage

FEDRO strongly supports learner drivers, as routine brings more safety to the roads. With regard to parking brakes, FEDRO appeals to drivers to take responsibility: "The first question you need to ask yourself is 'can I reach the appropriate place from the passenger seat without hindrance to release the emergency brake'."

However, according to FEDRO, anyone who is not sure and wants clarity should ideally go to a brand representative or trusted garage. They are experts and can best explain the braking system. A visit to the brand representative could therefore be worthwhile for father Roger.

*Names changed.

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