The ES-AV programme: admission to testing, three phases and human roles in automated or remote driving.
The following answers are ROAT paraphrases and interpretations. Check the cited source for its exact wording and temporal applicability.
What is ES-AV for?
The programme covers public-road testing of automated and remotely driven vehicles before entry into service. It distinguishes controlled testing, extensive testing and pre-deployment. Applicants need not pass through all three phases in sequence.
Pre-deployment can include checking an already approved system's functions before obtaining administrative permission to circulate. Vehicle approval, testing authorisation and permission to provide a transport service are therefore distinct.
Who decides and what must be submitted?
DGT manages the programme through CG-ESAV, with OFVA as the contact point. The application identifies vehicles, operators, the operational environment, routes and conditions, and supplies insurance, operator-competence and required safety evidence.
The three access routes are external assessment, recognition of a comparable European Economic Area authorisation, and an exceptional special route. Each has conditions; foreign tests alone do not replace Spanish authorisation. The decision specifies the phase, vehicles, operators and operating conditions, for up to two years with possible renewal.
Must a person be on board?
An onboard safety operator is required in phases one and two. In phase three, their presence depends on system functions and capabilities; it remains mandatory for SAE levels 2 and 3. Paragraph 4.17 also provides for a remote safety operator according to the requirements and system design.
A remote safety operator and a remote driver perform different functions: with the former, the ADS performs the dynamic driving task; with the latter, a human continuously drives remotely. However, paragraph 5.2 also treats a safety operator as the driver. Functional driving performance and legal attribution of driver status must be distinguished; paragraph 3.31 also sets control and safety duties.
Where and under what conditions may testing occur?
Authorisation conditions and system limitations control the operation. Phase one uses predefined road sections and time restrictions, ordinarily with up to three vehicles operating simultaneously; phase two ordinarily permits up to ten. Phase three permits more than ten. DGT may adjust numbers under the programme's conditions.
Traffic rules, including speed limits, apply during testing. Extending the operational area or changing vehicles or operators is not automatic; the relevant authorisation-amendment procedure applies.
What records and reports are required?
The programme requires DSSAD recording or, where unavailable, an EDR. Serious failures, incidents and accidents require immediate notification; a detailed incident report is due within 24 hours. Half-yearly and final reports also apply.
DGT may suspend or revoke authorisation, including for serious safety events, operation outside the authorised environment or non-compliance. A public entry showing no reported serious incidents does not by itself demonstrate complete system safety.
What does the AVOMO example establish?
The DGT public register lists authorisation FVA-02/2026 for AVOMO CARS (WeRide & Uber), covering 20 vehicles, a robotaxi use case and SAE level 4. This is a record of authorised testing. Without the full decision, it does not establish general permission for unrestricted commercial passenger services.
