What is known about damage, insurance and offences?
The holder ensures liability insurance where required by separate legislation.
The full allocation of compensation and liability for offences requires a separate review.
Topics › Liability and insurance
Explore the verified scope of answers on damage, insurance, offences and operational duties. Open issues remain identified for each country.
Answers from the practical comparison · selected sources checked on 7 September 2026 · Working research overview · targeted review of provisions
Scope: Testing route + specific delivery vehicles
The holder ensures liability insurance where required by separate legislation.
The full allocation of compensation and liability for offences requires a separate review.
The applicant ensures the technical, staffing and organisational prerequisites. The permit holder is responsible for fulfilling operational duties and testing conditions.
The reference to § 49 has been updated following the amendment effective from 1 September 2026. The finding that a general route is absent is limited to the provisions checked and the status of parliamentary bill 1329. The guide does not cover the entire implementing legislation, all road traffic rules or individual permits.
Scope: Autonomous vehicle in an approved area
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.
The Halter ensures safety, maintenance and performance of technical supervision tasks. Manufacturers have separate duties concerning risks, cybersecurity, documentation and training.
Compared with the original snapshot, the alternative of European type approval in the current § 1e(1), point 2, is clarified. Permanent supervision during testing remains distinct from ordinary autonomous operation. The relationship between the current StVG and AFGBV procedural requirements must be resolved for an individual application; this comparison does not treat it as settled.
Scope: Testing + automated passenger transport system
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.
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.
The testing regime was checked in the consolidated text as of 7 September 2026, including the 2020 amendment. The operational branch is limited to passenger transport. The current text of R3152-3 was confirmed directly on Légifrance. This review concerns specific provisions; freight transport, full civil liability and all implementing requirements remain outside its scope.
Scope: Testing with a driver + driverless pilot + APS
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.
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.
The transitional nature of the framework is retained. Driverless pilots, testing with a driver and passenger service permits are distinguished. Earlier guidance describing planned APS commencement is read against the adopted SI 2026/437 and 439. Individual VSOs, specific permits and full civil liability remain outside the review.
Articles and studies on this topic →
A thematic selection from the public library. It includes published research register data and ROAT editorial additions; it is not a complete inventory of the law in this area.
ROAT-2026-0171 · United Kingdom · Legislation · Partly in force
Review date: 2026-09-07
ROAT-2026-0307 · France · Legislation · In force
Review date: 2026-08-25
ROAT-2026-0329 · Germany · Legislation · In force
Review date: 2026-08-31
ROAT-2026-0293 · Western Europe · Book · Not applicable
Review date: 2026-08-25
ROAT-2026-0277 · United Kingdom · Journal article · Not applicable
Review date: 2026-08-25