Spain, awaiting regulation to operate without a driver: experimental authorizations for robotaxis as a vanguard

The DGT authorizes WeRide, Uber, and Avomo to test in Madrid 20 level 4 autonomous vehicles, but the first routes will keep a safety operator on board. Spain has prepared since 2024 a reform to regulate the ordinary circulation of these cars, although the royal decree has not yet been approved.

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Spain has taken the first step for the arrival of robotaxis, but it has not yet fully opened the door for them to circulate with no one at the wheel. The General Directorate of Traffic (DGT) has authorized WeRide, Uber, and Avomo to deploy a first fleet of level 4 autonomous vehicles in Madrid, within the experimental framework created to test this technology on roads open to traffic.

Uber plans to start before the end of 2026 with 20 vehicles in different high-demand areas of the Community of Madrid. Users will be able to request rides through their application, although during the initial mapping tests and the first routes there will be a safety operator inside the car.

The company has not specified when it will be able to remove that supervisor. The date will depend on the results of the tests, subsequent administrative authorizations, and the development of a regulation that allows these vehicles to be incorporated into regular circulation.

The difference is essential: the DGT has authorized an experimental test of automated vehicles, but not a general and indefinite implementation of completely unoccupied robotaxis.

An authorization supported by the DGT's experimental program

The tests will be developed within the Framework Program for the Evaluation of Safety and Technology of Automated Vehicles, called the ES-AV Program, approved by the DGT in June 2025.

This instrument allows for the authorization and supervision of tests of autonomous vehicles and remote driving on roads open to traffic. However, it does not constitute the definitive legal regime for registering and operating driverless cars on a general basis.

The program establishes three stages:

  • Controlled phase, for technologies still in development and tests conducted in limited environments.
  • Extensive phase, when the system can already be tested continuously and under more realistic traffic conditions.
  • Pre-deployment phase, immediately prior to the commercialization or launch of the service.

To participate, manufacturers, developers, and operators must demonstrate the safety of the system, have data recording devices, have liability insurance, and designate qualified operators, who can be inside the vehicle or supervise it remotely.

Companies must also submit periodic and final reports, in addition to communicating any accidents and incidents that occur. The DGT can limit, suspend, or withdraw the authorization if it detects risks to road safety. The Ministry of the Interior explains the operation of the ES-AV Program.

What regulation is missing to drive without a driver

The pending piece is the Royal Decree on automated driving prepared by the Ministry of the Interior. Its draft was published in March 2024 with the purpose of modifying two fundamental regulations:

The General Traffic Regulation, approved by Royal Decree 1428/2003.
The General Vehicle Regulation, approved by Royal Decree 2822/1998.

The reform must transfer to the regulations the provisions incorporated into the Traffic Law in 2021. That modification recognized the existence of automated driving systems and empowered the Government to develop its legal regime.

The future royal decree must determine, among other issues:

  • On which roads, streets, and conditions automated driving can be activated.
  • What requirements the vehicle must meet before joining ordinary traffic.
  • How it will be certified that the system complies with traffic rules.
  • Who will be considered responsible for the system while it is activated.
  • What functions a security operator or remote supervisor must assume.
  • How the level of automation and the environment in which each vehicle can operate will be recorded.
  • What obligations will exist in case of breakdown, accident, or need to regain control.
  • How updates to the software and changes in the vehicle's capabilities must be communicated to the DGT.

The Traffic Law itself already requires the holder of the automated system to communicate its functionalities and its operational design domain to the DGT, that is, the roads, weather conditions, speeds, and specific circumstances in which it can operate. It also establishes that these capabilities must appear in the Vehicle Register and in the circulation permit, but leaves its effective application pending regulatory development. Current text of the Traffic Law in the BOE.

The royal decree has been in preparation since 2024

The Ministry of the Interior published the draft in March 2024. The initial forecast was to approve it before the end of that year, but that schedule was not met.

As of September 2026, the specific royal decree on automated driving has not been approved or published in the BOE. Therefore, the project continues without becoming the regulatory standard that allows for the general integration of these vehicles into circulation.

The ES-AV Program of 2025 has partially covered this gap through experimental authorizations. Its pre-deployment phase brings the projects closer to commercialization, but does not replace the definitive administrative authorization nor convert the tests into a general permit to provide driverless services.

Consequently, it cannot yet be stated that Spain has authorized the free circulation of level 4 robotaxis. What it has allowed is for companies to accumulate kilometers, validate the technology, and certify its safety while the regulatory framework is completed.

Europe is already regulating technical homologation

The future Spanish standard does not start from scratch. The European Union already has common rules for homologating automated driving systems.

The Implementing Regulation (EU) 2022/1426 establishes the technical specifications and procedures for homologating fully automated vehicles intended, among other cases, for the transport of passengers in a specific area or for routes between fixed points.

This European regulation verifies that the vehicle and its automated system meet the technical safety requirements. However, it is up to each State to establish the traffic rules, administrative permits, and the conditions under which those vehicles can use their roads. European regulation on automated driving systems.

The DGT does not authorize the transport service on its own

Passing traffic tests will not be enough to provide a commercial robotaxi service. The authorization from the DGT affects road safety and the circulation of the vehicle, but the paid transport of passengers is subject to additional regulation.

Avomo, which will act as the fleet operator, will have to comply with state and regional regulations on passenger transport and the conditions applicable to VTC authorizations. Uber will operate as a platform to book the trips and WeRide will provide the vehicle and the autonomous driving technology.

Therefore, the project needs to overcome three regulatory levels: European technical homologation, state authorization to circulate, and the corresponding regional authorization to transport passengers.

What level 4 autonomy means

The cars from WeRide have a level 4 autonomy system. This means they can perform all driving functions by themselves, without human intervention, but only within a previously defined environment.

This environment may be limited to certain streets, weather conditions, speeds, or times. If the vehicle leaves this operational domain, it must reach a safe situation or allow the operator to intervene.

The level 5, even more advanced, would allow driving without human intervention on any road and practically under any condition. The level 4 vehicles that will be tested in Madrid will not have that universal capability.

The authorization known this Thursday thus makes Madrid one of the first European laboratories for robotaxis, but it does not eliminate the main legal limit: until the Government approves the pending regulatory development, driverless circulation will continue to depend on experimental permits and individualized conditions.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What is the parliamentary status of the draft royal decree on automated driving and what are the next steps for its approval?

Based on the information available from official sources and specialized press, there is currently no specific draft royal decree on “automated driving” undergoing a formal process with public consultation, hearing, public information, and subsequent submission to the Council of Ministers. What does exist is an administrative framework for testing automated vehicles, approved by the Directorate General of Traffic (ES‑AV Program), but not a royal decree for the general circulation of autonomous vehicles in the approval phase.

1. What is actually approved today

The Directorate General of Traffic has approved the Framework Program for the Evaluation of Safety and Technology of Automated Vehicles (ES‑AV Program), which regulates how to authorize and supervise tests of autonomous and remote-controlled vehicles on roads open to general traffic in Spain. This framework is reflected in official notes from the DGT and the Ministry of the Interior, for example in the DGT press release of 06/18/2025 and its version in the Interior Ministry about the ES‑AV Program .

This Program:

  • Repeals previous DGT instructions on tests with automated vehicles.
  • Defines three testing phases (controlled, extensive, and pre-deployment) and the safety, supervision, and documentation conditions for each.
  • Creates the Office for the Facilitation of Automated Vehicle Testing (OFVA) as a single point of contact for processing authorizations.
  • Establishes access systems based on external evaluation, recognition of authorizations from other EEA States, or special schemes with safety metrics.

However, this is a technical-administrative program of the DGT, not a royal decree approved by the Council of Ministers and published in the Official State Gazette (BOE) to generally regulate automated driving of all vehicles.

2. Regulatory situation of automated driving

Both the industry and specialized press agree that Spain has not yet approved a circulation regulatory framework that allows highly automated vehicles (SAE levels 3–4) to operate ordinarily:

  • The ANFAC barometer on autonomous and connected vehicles points out that despite the ES‑AV Program, “a regulatory framework for circulation is missing” so that autonomous cars can use their full potential on the road, explicitly mentioning the need for national legislation allowing circulation with SAE 4 autonomy ( ANFAC note from 11/20/2025 ).
  • An analysis by Demócrata on robotaxis explains that Spanish legislation still requires all driving to have a human responsible and that neither the Traffic Law nor the General Traffic Regulations have yet been reformed to recognize an automated system as a “driver” ( article “Robotaxis in Spain…”, 04/27/2026 ).
  • A sectoral whitepaper on mobility from AMETIC (06/09/2026) emphasizes that the ES‑AV Program favors pilot tests of autonomous vehicles but still speaks of a slow evolution of the regulatory framework and does not identify a royal decree on automated driving in advanced processing.

In other words: as of 09/10/2026, the consulted sources describe a regulated testing environment, but not a royal decree on automated driving already subjected to consultation or hearing with a closed approval schedule.

3. About the “parliamentary status” and next steps

It is worth clarifying that a royal decree is a government regulatory norm, which in principle does not follow an ordinary “parliamentary process” like a bill. Its typical itinerary is:

  • Technical drafting of the draft in the competent ministry (in this case, Interior/DGT and, if applicable, Transport).
  • Prior public consultation and then hearing and public information, when required by the Government Law.
  • Request for internal reports (other ministries, State Attorney, Office of Coordination and Regulatory Quality) and, if applicable, opinion of the Council of State.
  • Approval by the Council of Ministers.
  • Publication in the BOE and entry into force (often after 20 days, unless otherwise specified).

In the specific case you ask about, official databases and the press do not identify any “draft royal decree on automated driving” that has already gone through public consultation and hearing and is only pending Council of Ministers approval. Therefore:

  • It is not possible to assign a specific procedural status beyond the already effective ES‑AV testing framework.
  • The reasonable next regulatory steps would be, in abstract, for the Government to promote a regulatory reform (and probably also legal reform) that:
    • Modifies the Traffic Law and the General Traffic Regulations to recognize automated driving systems as “drivers.”
    • Develops, by royal decree, the conditions for circulation, homologation, insurance, and civil liability of these systems.

But these steps are still projective: they are not currently associated with a specific royal decree file in the formal consultation and Council of Ministers agreement process.

What competencies does the Directorate General of Traffic have regarding the authorization of autonomous vehicles and what are the functions of the Ministry of the Interior in this area?

In Spain, the Directorate General of Traffic (DGT) is the operational arm of the Ministry of the Interior in matters of traffic and road safety, concentrating the practical functions of management, control, and authorization of autonomous vehicle tests on the road. The Ministry of the Interior, for its part, sets road safety policy, holds the legal competencies assigned by the Traffic Law, and acts through the DGT and the Traffic Civil Guard, in coordination with other ministries (especially the one responsible for industry) and with the European Union.

1. Basic legal framework on automated vehicles

The consolidated text of the Law on Traffic, Motor Vehicle Circulation, and Road Safety, approved by Royal Legislative Decree 6/2015, is the backbone norm. After its reform by Law 18/2021:

  • The General State Administration is assigned the regulation of automated vehicles (article related to state competencies, letter k), within the general framework of road safety.
  • It is specified that, within the competencies of the Ministry of the Interior, it will set the traffic and road safety rules that vehicles equipped with automated driving systems must comply with, “except for the technical requirements for their homologation,” which correspond to the ministry responsible for industry.
  • Another provision of the same law establishes that the Ministry of the Interior exercises these competencies through the autonomous body Central Traffic Headquarters, that is, the DGT.

Additionally, the General Vehicle Regulations (Royal Decree 2822/1998) and the homologation and technical inspection regulations are coordinated with European legislation on vehicle safety and automated systems.

2. Competencies of the DGT regarding autonomous vehicles

In the specific field of autonomous or automated driving vehicles, the DGT assumes, executing the competencies of the Ministry of the Interior, key functions:

  • Authorization of tests on open roads: the DGT has approved the Framework Program for the Evaluation of Safety and Technology of Automated Vehicles (ES‑AV Program), which establishes the procedure to authorize and supervise tests of autonomous and remote-controlled vehicles on roads open to general traffic. See the official press release of the DGT and the Ministry of the Interior: ES‑AV Program.
  • Design of access procedures to those tests (independent external evaluation, recognition of authorizations from other EEA States, special schemes), and requirement of technical documentation, safety reports, insurance, data recording systems, and human supervision.
  • Supervision and monitoring of tests: receipt of periodic and final reports, incident management and safety analysis, publication of basic information to ensure transparency.
  • Operational management through the Office for the Facilitation of Automated Vehicle Testing (OFVA), created as a “single window” to process applications and coordinate pilot projects.
  • Management of related registries and authorizations: vehicle registration and circulation permits, vehicle and driver registries, and authorization of training centers, all relevant to the automated driving ecosystem.
  • Traffic surveillance and discipline on interurban roads (through the Traffic Civil Guard), including control of compliance with specific rules issued for vehicles with automated systems.
3. Functions of the Ministry of the Interior in this area

Beyond the execution entrusted to the DGT, the Ministry of the Interior maintains a top political and normative role:

  • Holder of legal competencies in traffic and road safety assigned by the Traffic Law: issuance and review of driving licenses; registration; registries; sanctioning regime in circulation matters; definition of traffic and road safety rules applicable also to automated vehicles.
  • Promotion and processing of legal reforms to adapt the Traffic Law and other norms to fully automated vehicles (for example, future provisions on responsibilities and specific sanctioning regimes for autonomous vehicles, publicly announced by the DGT and the ministry itself).
  • Interministerial and European coordination: Interior participates in adapting the Spanish legal system to EU regulations on vehicle safety and automation systems, in dialogue with the Ministry of Industry, Economy, Justice, and others.
  • Strategic direction of road safety policy, using the DGT as a specialized body to execute that policy (campaigns, information systems like DGT 3.0, traffic restrictions, etc.).
4. Competency distribution, in summary

In summary, regarding autonomous vehicles:

  • The Ministry of the Interior holds the state competencies on traffic and road safety, defines the regulatory framework for the circulation of automated vehicles, and exercises those competencies through the DGT.
  • The DGT specifies those competencies: authorizes and supervises tests of automated vehicles on public roads, establishes practical procedures and requirements, controls their execution, and collaborates in defining the rules that, once approved by Interior, become part of the general traffic regime also applicable to automated driving.
  • The technical homologation of vehicles and systems (i.e., whether the vehicle meets design and safety requirements for homologation) corresponds to the ministry responsible for industry; Interior and the DGT focus on circulation and road safety and on authorization of tests on roads.

What are the legal and technical requirements to obtain an autonomous VTC authorization to operate robotaxis in the Community of Madrid?

Currently (September 2026) the Community of Madrid can grant autonomous VTC authorizations for discretionary urban transport, but there is not yet a specific framework allowing fully driverless robotaxis to operate. Any deployment of automated vehicles can only be done as a pilot test under human supervision and case-by-case authorization from the Directorate General of Traffic (DGT) and transport authorities.

1. Basic applicable legal framework

The requirements for a Madrid autonomous VTC that, in the future, could be used as a robotaxi are based on three regulatory blocks:

  • State transport regulations: Law 16/1987 on Land Transport Organization (LOTT), amended by Law 9/2013 and Royal Decree-laws 3/2018 and 13/2018 on vehicle rental with driver, and its Regulation (Royal Decree 1211/1990) amended by Royal Decree 1057/2015, which specifies fleet requirements, technical characteristics of vehicles, and limits of 1 VTC / 30 taxis (arts. 181 and 182 of the Regulation, according to RD 1057/2015).
  • Operation control: Royal Decree 785/2021 on control of rental services with driver, which requires electronic communication to the Administration of basic data for each service (prior contract, origin, destination, license plate, etc.) (RD 785/2021).
  • Madrid regional regulations: Law 20/1998 on Urban Transport Organization and Coordination, amended by Law 5/2022 and Law 11/2023 (Law 5/2022), which introduces articles 14 ter and 14 quater on urban VTCs and reserves a maximum proportion of 1 VTC (regional + authorized national) per 30 taxis; and Decree 5/2024, which develops that Law regarding rental with driver (Decree 5/2024).

2. Legal requirements to obtain the regional VTC authorization

According to article 2 of Decree 5/2024 and the state framework, a company seeking a regional authorization in Madrid must, among others:

  • Legal capacity and nationality: natural or legal person, with Spanish or EU nationality, or foreign authorization to operate as a carrier in own name.
  • Appropriate corporate purpose: if a legal person, its statutes must expressly include public passenger transport in passenger cars.
  • Solvency and compliance: be up to date with tax, labor, and Social Security obligations; have no unpaid firm transport sanctions.
  • Prior state authorizations: the regional authorization is based on national VTC authorizations, which remain necessary for interurban transport; also, the 1/30 limit against taxis must be respected (art. 14 ter.2 of Law 20/1998 amended).
  • Periodic endorsement: perform the biennial endorsement of national and regional authorizations; loss of national endorsement entails loss of validity of the urban authorization (art. 6 of Decree 5/2024).
  • Civil liability insurance: sufficient coverage for passenger damages (required by both the state Regulation and Decree 5/2024 and art. 182.6 of the LOTT Regulation).
  • Electronic means: have electronic address and signature and the necessary IT systems to document transport contracts remotely and to electronically communicate services to the state registry.

3. Requirements regarding drivers

Decree 5/2024 requires the company to have a number of drivers of at least 75 % of active authorizations, and that these meet regulatory conditions. In development of this, the Community has implemented a specific 60-question exam on Spanish language, navigation, routes, first aid, accessibility, and public service (press release of 05/03/2025). Upon passing the test, a VTC driver license valid for five years is issued.

For a robotaxi in the strict sense (without a physical driver), this regulatory block is currently a limit: the Traffic Law and the General Traffic Regulations still require a “responsible human driver”. As Demócrata explains, to allow robotaxis without a person at the wheel, the Traffic Law, Traffic Regulations, Penal Code, and the LOTT itself would have to be reformed, as well as adapting liability in case of accident.

4. Technical requirements for vehicles

Between the state Regulation (art. 181 LOTT) and Decree 5/2024, vehicles assigned to a regional VTC in Madrid must comply, in summary:

  • Registration and age: be domiciled in the Community of Madrid and not exceed the maximum state age for VTCs (generally, 10 years from first registration, with exceptions for high-power or historic vehicles).
  • Physical characteristics: maximum capacity of 9 seats (including driver); minimum fiscal power of 12 CVF and minimum exterior length of 4.60 m, except exemption for alternative energy vehicles (electric, hydrogen, gas, etc.) according to art. 181 of the LOTT Regulation.
  • Environmental labels: environmental label ZERO or ECO as a general rule; from 2025 the possibility of label C opens for certain VTCs adapted for people with reduced mobility, according to the Community of Madrid (note 07/09/2025).
  • Mandatory accessibility: companies with ten or more authorizations must have at least one accessible vehicle per ten VTCs, a requirement incorporated both in the regulations and in regional subsidies for adapted transport (note 07/10/2026).
  • Identification: use of official badges regulated by Decree 101/2016 of the Community of Madrid, without signs that confuse with taxis.

5. Specificity of robotaxis

According to Demócrata's analysis, today Spain only allows tests of automated vehicles, not commercial robotaxi services. These pilots require:

  • Prior authorization from the DGT and transport authorities, usually in controlled environments or delimited zones.
  • Mandatory human supervision (safety operator onboard or remotely).
  • Homologation according to Regulations (EU) 2019/2144, 2022/1426, and 2024/1689 on safety of automated systems.
  • Specific insurance and protocols for safety, cybersecurity, and incident management.

Consequently, to operate a fleet of “robotaxis” in Madrid today in practical terms, the realistic way is to establish a VTC company that meets all the above requirements and use highly automated vehicles but with a responsible driver or operator, integrating the additional DGT test requirements. The true driverless robotaxi will only be possible when the state traffic, penal, and transport framework is deeply reformed.

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