What must be satisfied before driving on a public road?

The Ministry of Transport, as type-approval authority, grants permission under § 49. For unapproved automated vehicles, the manufacturer or its representative applies; since 1 September 2026 this falls under paragraph 1(c).

• Act 106/2018, § 49(1)(c), (2)(c); § 135(2) ↗

The Kraftfahrt-Bundesamt (KBA) issues a testing permit on application by the vehicle keeper (Halter). The vehicle must be registered and used exclusively for testing; AFGBV § 16 specifies further conditions.

• StVG § 1i ods. 1–2 ↗
• AFGBV § 16 ↗

Permission is issued by the minister responsible for transport following an opinion from the interior minister and, where appropriate, other relevant authorities. It specifies roads, functions and routes; it lasts no more than two years and can be renewed once.

• Ordonnance 2016-1057, Articles 1–2 ↗
• Décret 2018-211, Articles 2–5 ↗

Testing with a safety driver generally requires no specific testing permit if it complies with existing law. The vehicle must be roadworthy and insured, and the driver ready to take control. Non-compliance with particular technical or operational rules may require an exemption.

• DfT Trialling Code — Introduction; Legal requirements ↗
• DfT Pilot guidance — Vehicle special order ↗

§ 49 authorises testing. § 52 provides a specific route for automated delivery vehicles. No general licence for ordinary driverless services was identified in the provisions checked.

Act No. 248/2026 Coll.: an operator licence under section 49a, operation approval for transport services under section 49b and permission to use the vehicle under section 32a of the Road Transport Act. Commencement: 1 December 2026.

• Act 106/2018, § 49(8)(a), § 52 ↗
• Art. II item 7 (§ 32a), Art. III item 4 (§ 49a–49b), Art. IV ↗

§ 1e requires an eligible technical approval, an approved operating area and vehicle registration. Type approval under (EU) 2022/1426 is a technical alternative; a German Betriebserlaubnis is therefore not always an additional cumulative permit.

The area is approved by the competent authority under federal or Land law; for relevant federal roads, the Act identifies a particular infrastructure management company.

• StVG § 1e(1), particularly points 2–4 ↗

For an automated passenger transport system, the service organiser takes the commissioning decision. This is based on safety dossiers and favourable expert opinions, which may contain conditions. Before launch, the decision is notified to the prefect, the designated authority and road managers.

• Code des transports R3152-11 I–IV ↗

A pilot without a safety driver combines vehicle approval and registration, a VSO for necessary exemptions and listing as an automated vehicle under the 2018 Act. A passenger service additionally requires an APS permit. The VCA issues the VSO on behalf of the Secretary of State; APS has a separate statutory basis.

APS alone does not establish that the vehicle may operate without a driver.

• DfT Pilot guidance — Scope; VSO and vehicle listing ↗
• Automated Vehicles Act 2024, s. 82 ↗
• Automated Vehicles Act 2024, s. 83 ↗

The applicant ensures the technical, staffing and organisational prerequisites. The permit holder is responsible for fulfilling operational duties and testing conditions.

Act No. 248/2026 Coll.: the licence holder ensures technical oversight, operating documentation, intervention availability, notification and recording duties.

• Act 106/2018, § 49(3) and (8) ↗
• Art. III item 4 (§ 49a subsection 6, § 49d–49f) ↗

The Halter ensures safety, maintenance and performance of technical supervision tasks. Manufacturers have separate duties concerning risks, cybersecurity, documentation and training.

• StVG § 1f ods. 1 a 3 ↗

The organiser is responsible for preparing safety dossiers and the launch decision. The operator establishes an operational safety management system. During testing, the permit holder ensures remedial action for events threatening safety.

• Code des transports R3152-11 II–III ↗
• Décret 2018-211, Article 10 ↗

The trialling organisation ensures test safety. Pilot guidance separately considers the operator; the APS holder fulfils service conditions. One or several persons may perform these roles.

The relevant national authority has power to grant APS permits. SI 2026/439 governs the Secretary of State’s competence only within its material and territorial scope.

• DfT Trialling Code — Approach ↗
• DfT Pilot guidance — Scope; Table 4 ↗
• Automated Vehicles Act 2024, s. 82(1), (4)–(5) ↗
• SI 2026/439, reg. 1(3) ↗

§ 49 envisages a driver to whom the permit holder provides the permit. The precise supervision arrangements for a particular driverless test require consideration of road traffic rules and permit conditions.

Act No. 248/2026 Coll. distinguishes an oversight operator from a driver. After taking over driving, the operator may drive only one vehicle and must not simultaneously supervise another.

• Act 106/2018, § 49(6) and (8)(c) ↗
• Art. I items 1–5, Art. III item 4 (§ 49a subsection 7–8) ↗

During ordinary autonomous operation, the technical supervisor evaluates and authorises specified alternative manoeuvres, deactivates the system and addresses the safe state. The Act does not require continuous monitoring of driving. Testing follows a different regime: permanent supervision by a driver or an on-site Technische Aufsicht.

• StVG § 1f ods. 2 ↗
• StVG § 1e(2), point 1 ↗
• StVG § 1i(1), point 4 ↗

During testing, the driver must be able to deactivate the system; a driver outside the vehicle must be able to take control to ensure safety. For remote intervention in a transport system, R3152-3 requires an authorised, trained and medically fit person.

• Ordonnance 2016-1057, Article 1 ↗
• Décret 2018-211, Article 12 ↗
• Code des transports R3152-3 ↗

Testing with a safety driver and a pilot without one are separate routes. A pilot system should perform the entire driving task without human driving or safety-critical monitoring; the guidance permits some remote assistance.

• DfT Trialling Code — Approach ↗
• DfT Pilot guidance — Monitoring and control; Table 1 ↗

Testing safety is demonstrated through information about off-road testing or trials abroad.

Act No. 248/2026 Coll. adds section 48a on off-road testing and safety conditions for licensing in section 49a(1)–(4). An implementing decree is to specify reports and technical oversight.

• Act 106/2018, § 49(3)–(5) ↗
• Art. III items 2, 4 a 6 (§ 48a, § 49a, § 136 subsection 3 letter l)) ↗

Safe performance of driving and risk management must be demonstrated; the area must have appropriate suitability, infrastructure and staffing. For testing, AFGBV requires a development concept, a description of changes, supervision and the ability to deactivate and intervene on site.

• StVG § 1e ods. 2 ↗
• StVG § 1f ods. 3 ↗
• AFGBV §§ 8–9; § 16 ods. 3 ↗

The pre-launch dossier covers the safety management system, modifications, test results and an updated safety demonstration. Experimental passenger transport or operation without an on-board driver starts with a passenger-free testing phase, whose results are reported to the minister.

• Code des transports R3152-8 ↗
• Code des transports R3152-11 ↗
• Décret 2018-211, Article 15 ↗

For testing, the guidance expects an appropriate safety case. Pilot guidance requires a documented safety case, a safety management system and evidence of operator capability.

These are guidance and assessment requirements; legally binding restrictions for a specific journey must be read in the VSO and APS permit.

• DfT Trialling Code — Safety cases ↗
• DfT Pilot guidance — Tables 1–4; VSO ↗

The holder ensures liability insurance where required by separate legislation.

The full allocation of compensation and liability for offences requires a separate review.

• Act 106/2018, § 49(8)(d) ↗

The starting point for compensation arising from vehicle operation is Halter liability under § 7 StVG. The technical supervisor’s operational duties must not be confused with automatically assuming all liability for an accident.

Exceptions, other persons’ liability, insurance and recourse have not been fully examined.

• StVG § 7 ods. 1–3 ↗
• StVG § 1f ↗

The testing regime allocates liability for offences between the driver and permit holder depending on the system’s state; the holder’s criminal liability for specified consequences requires proven fault. Separate Article L123-2 addresses the manufacturer or its representative during automated driving under statutory conditions.

These rules must not be reduced to “the manufacturer is liable for everything”. Compensation, insurance and transport-system-specific rules require separate assessment.

• Ordonnance 2016-1057, Articles 2-1 and 2-2 ↗
• Code de la route L123-2 ↗

Insurance remains a statutory condition of testing; compliance with guidance does not guarantee exemption from liability. Breaches of APS conditions or serious traffic and safety problems may lead to variation, suspension or withdrawal of the permit.

Full compensation arrangements for vehicles listed under the 2018 Act and criminal liability are not assessed in this overview.

• DfT Trialling Code — Introduction; Insurance; RTA 1988 s. 143 ↗
• SI 2026/439, regs. 5–8 ↗

Under the reviewed version in force, a trial-operation permit lasts no more than one year. It may restrict territory, route and time and require data collection.

Act No. 248/2026 Coll. provides for a separate licence, operating conditions, ODD and a control centre. Promulgation does not itself authorise a particular operation.

• Act 106/2018, § 49(6) ↗
• Art. III item 4 (§ 49a–49e), Art. IV ↗

An approved operating area remains a separate condition. An AFGBV testing permit generally lasts up to four years, with extension possible if conditions are met.

The practical application of older AFGBV §§ 8–9 references to Betriebserlaubnis alongside the new European alternative in § 1e StVG must be resolved, and authorisation for the specific transport service checked.

• StVG § 1e(1), points 2–3 ↗
• AFGBV §§ 7–9; § 16 ods. 2 ↗

The practical operational branch covers passenger transport. A new or substantially modified system requires a decision under R3152-11. If expert opinion conditions are not met within the specified period, the service cannot operate.

Freight transport and full sector-specific authorisations were not re-verified in this pilot.

• Code des transports R3152-11 I a IV ↗

The APS basis in sections 82–83 has been in force since 15 May 2026. SI 2026/439 provides a maximum five-year term; it applies to public service vehicle services throughout Great Britain and other APS in England.

The entire Automated Vehicles Act 2024 cannot be described as in force. Northern Ireland and separate rules for other services in Wales and Scotland are outside this overview.

• SI 2026/437, reg. 2 ↗
• SI 2026/439, regs. 1(3) a 3 ↗