Driving the future: Spain’s legal path to automated mobility26 September 2025

How can I access the ES-AV Programme?

Access requires submitting a written application alongside all necessary information for eligibility assessment. Requirements include:

• detailed ODD information: as mentioned, the operating conditions under which a given vehicle is specifically designed to function, including, environmental, geographical, time-of-day restrictions or the required presence or absence of certain traffic or roadway conditions. In principle, operations under the ES-AV Programme will be carried out on the public roads covered by Royal Legislative Decree 6/2015 of 30 October 2015 approving the recast text of the Law on Traffic, Motor Vehicle Traffic and Road Safety (the “Law on Traffic”);
• information about the vehicles: including their identification and technical characteristics (including functionality and capacity for automated driving). Generally, vehicles must belong to: (i) categories M and N as defined in Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018; (ii) category L as defined in Regulation (EU) No 168/2013 of the European Parliament; and also (iii) any other category which may be defined by the UN regulation or which may be acceptable by the DGT under the ES-AV Programme;
• documentation evidencing assessment and technical certification of vehicle and system: either by independent recognised homologation entities, European Economic Area (“EEA”) recognition, or, in specific circumstances, by self-declaration or third-party authorisation aligned with international conventions (the 1949 Geneva or the 1968 Vienna Conventions on Road Traffic);
• information on the vehicle operator(s): (driving license, self-declaration of technical proficiency and training) distinguishing between on-board security operator, remote driver and remote security operator;
• specification of requested operational phases; and
• evidence of requisite insurance policies (minimum €5m for phase 1 and €10m for phases 2 and 3) and proof of payment of applicable fees.

Applications (and interactions with the authorities in general) are made online. Applications require an electronic signature and applicants must be represented by an individual registered with the Registro de Apoderamientos de la DGT – the database of those authorised to interact with the DGT.

Who can apply?

Those eligible to participate in the ES-AV Programme are vehicle manufacturers, their legal representatives, vehicle frame manufacturers and motor vehicle importers or distributors with an operating facility in Spain for any of these activities including official laboratories, automotive technology centres, automated vehicle technology recognition centres, developers of driving automation systems, fleet operators and system integrators with an establishment open in the EEA.

Approval and validity

According to section 8.1 of the ES-AV Programme, the decision granting or refusing admission to the programme is issued by the Subdirector General for Mobility Management (Subdirector General de Gestión de la Movilidad) or their deputy, “no later than three months after the filing of the request made with the DGT”. The authorisation has a two-year validity, which can be renewed for the same period. The decision authorising the operations is valid nationwide and will detail those urban and interurban roads on which the vehicle is permitted to carry out tests.

Obviously, the DGT is entitled to withdraw or suspend authorisation at any time on account of maintenance for road safety, traffic flow and operational safety, but also in cases of serious incidents, breach of terms etc.

Further information on currently authorised tests and operations can be found here.

Draft royal decree amending the General Traffic Regulation and General Vehicle Regulation

Annex V introduces specific rules for the circulation of automated vehicles, including operational boundaries (“ODD”), safety protocols, interactions with traffic authorities, emergency procedures and, critically, provides a mandate to the Jefatura Central de Tráfico (an autonomous agency of the Ministry of Interior responsible for the execution of the government’s road policy) to establish a Safety Driving Policy (Manual de Circulación). According to the draft Royal Decree, the Safety Driving Policy will be a document which “will establish the conditions for the safe driving of these vehicles when operating on the roads covered by this regulation, as well as specific rules that must be observed.”. Pursuant to the First Additional Provision of the draft Royal Decree, the document needs to be published in a “maximum period of 24 months counting as of the entry into force of this Royal Decree”. Therefore, monitoring the progress of the Safety Driving Policy will be essential for determining timings for the full deployment of fully automated vehicles in Spain.

2. Amendments to the General Vehicle Regulation

On the more technical side of automated driving, Article Two of the draft Royal Decree focusses on updating the General Vehicle Regulation, particularly regarding the administrative authorisations required for vehicle circulation and the data recorded in the vehicle registry.

Furthermore – and in a nutshell:

• given that automated driving systems rely on advanced software and are subject to frequent updates, Articles 25 and 30 are amended to introduce an obligation to report any new functions, whether related to safety or enhanced vehicle capabilities;
• Annex XIII (Vehicle Registration) is revised to adapt the required documentation, update the circulation permit details and specify information to be communicated when vehicle functionalities or systems change;
• a new Annex XIX entitled “Automated Driving Systems” is introduced, comprising four sections:
• definitions – these are based on those included in EU Regulations 2019/2144 and 2022/1426 “ensuring consistency and coherence”;
• general requirements – vehicles must have type approval certification, meet minimum capability standards and support remote operator intervention;
• specific requirements – covers registration, vehicle record-keeping and circulation permit issuance, including mandatory data submission to the Jefatura Central de Tráfico; and
• certification procedure – establishes the need for a Certification Manual, detailing how compliance with traffic rules will be verified. It will also outline conditions for self-certification by the system owner. Just as for the Safety Driving Policy, a maximum period of two years is envisaged for its publication; and
• finally, Annex I of the Law on Traffic is also updated with new basic definitions to ensure regulatory consistency with EU Regulations.

3. Entry into Force

Looking at the wording of the draft Royal Decree, it is expected to enter into force some time in 2025, with a 24-month window for the publication of the Safety Driving Policy and the Certification Manual. However, WFW informally reached out to the DGT and there is currently no precise timeline for its approval and publication. Therefore it may also be amended.

Conclusions