Criminal liability for a breach of the driver's obligations under Article 23 is governed by Article 90 RTA.
Persons shall be liable to a fine if they:
commercially sell, rent or lease a vehicle with takeover request and:
fail to expressly explain how to use the automated driving system as intended to the contracting party (Art. 22 para. 1), or
fail to retain the confirmation of the contracting party regarding the explanation or dispose of it before the expiry of the five-year period (Art. 22 para. 2);
breach the obligations under Article 38;
wilfully drive a driverless vehicle manually without having completed the required training (Art. 36 para. 2).
Operators shall be liable to a fine if they wilfully:
breach an obligation under Article 34 paragraph 2 letters a-i;
take charge of a driverless vehicle without being able or qualified to drive or without holding a driving licence for the corresponding vehicle category, but at least category B (Art. 36 para. 1 let. a and c);
take charge of a driverless vehicle even though they are temporarily unfit to drive or are under the influence of alcohol (Art. 36 para. 1 let. b);
take charge of a driverless vehicle without having completed the required training (Art. 36 para. 2).