Guidance

Code of Practice: vehicle authorisations and exemptions for more complex CAV trials

Updated 30 November 2023

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This publication is available at https://www.gov.uk/government/publications/trialling-automated-vehicle-technologies-in-public/code-of-practice-vehicle-authorisations-and-exemptions-for-more-complex-cav-trials

The Code of practice: automated vehicle trialling refers to certain more ‘advanced’ on-road trials where either the vehicle or vehicles or aspects of their operation may need exemptions or authorisations for use on UK roads.

This guidance:

  • gives some examples of where this may be the case
  • outlines the various options available to clear a vehicle for use in a trial on UK roads
  • identifies some specific areas for consideration in the case of certain kinds of vehicle/trial
  • gives guidance on what should be considered when modifying production vehicles (and other vehicles which are already registered) for use in a trial

It also covers some of the legal requirements that a trialling organisation should consider when preparing for a trial.

However, each trial will be run differently, and you are urged to obtain independent legal advice to ensure your trial is compliant with UK law.

Ultimately the interpretation of the law is a matter for the courts based on the individual facts of any particular case.

If you are in any doubt about applicable requirements, or for further assistance in identifying the most appropriate route for vehicle registration and/or in-use compliance, contact: [email protected].

Registration

Vehicles must generally be registered to be used on public roads or in a public place, including for testing/trials. Under normal circumstances this requires the provision of vehicle-specific evidence, in the form of an approval certificate, to demonstrate compliance with various technical requirements.

An approval certificate is obtained by undergoing either:

There are specific provisions that exempt certain vehicles from being within the scope of the approval schemes listed above. These specific provisions depend upon the approval scheme applicable to the vehicle in question.

For example, the following may fall out of the scope of approval:

  • prototypes of vehicles used on the road under the responsibility of a manufacturer to perform a specific test programme provided they have been specifically designed and constructed for that purpose
  • M and N category motor vehicles (as defined in Regulation (EU) No. 2018/858 with a maximum design speed that does not exceed 25 km/h
  • L category vehicles (as defined in Regulation (EU) No. 168/2013) with a maximum design speed that does not exceed 6 km/h

There are also several other exemptions relating to vehicles purpose-designed for use in special circumstances (that are not on public roads) such as construction sites, quarries and port/airport facilities, or by certain users including civil protection, fire services and forces responsible for maintaining public order (such as police, Border Force).

These use cases are not discussed further here, but if you require further advice, contact: [email protected].

Type approval

Type approval schemes include:

These options are unlikely to be suitable for trials since they are aimed at mass-produced vehicles and involve comprehensive physical and destructive testing. These schemes are overseen by the Vehicle Certification Agency (VCA).

However, where a modified unregistered production vehicle is used for a trial, its original type approval according to one of these schemes is likely to form part of the required evidence to obtain a new type of approval. Modification of vehicles which are already registered is covered later in this guide.

Approval schemes also exist for individual vehicles. To obtain approval under one of these schemes, all requirements specified for the category of the vehicle must be complied with in full.

See the:

These schemes are aimed at one-off or small batches of vehicles. You can access further information on these Driver and Vehicle Standards Agency (DVSA) approval products.

Assessments under either of these schemes are usually performed by DVSA. They involve a series of non-destructive tests and inspections to demonstrate compliance with The Road Vehicles (Approval) Regulations 2020, or the Motor Cycles etc (single vehicle approval) Regulations 2003 – which are paraphrased in the DVSA inspection manuals requirements.

The applicable requirements differ depending on the vehicle category, base vehicle and existing vehicle compliance evidence. Different inspection manuals are available respectively for IVA and MSVA.

IVA

MSVA

In these cases, the requirements are typically assessed in full during the DVSA inspection. Documentary evidence of compliance with various type approval standards, particularly in the case of large passenger and goods vehicles, may also be required.

Exempt vehicles

Where a vehicle is out of scope of the requirement for an approval certificate, for example, due to its maximum speed or because it is a prototype being tested by the manufacturer, it may be registered as exempt.

The type approval number field on the relevant DVLA V55 (field 11), or the equivalent in an electronic application, should be completed with ‘EXEMPT’. An explanation for this exemption must also be completed on the reverse of the form in the space provided.

Evidence does not need to be provided at the time of applying for registration, but the applicant should be satisfied that the vehicle is out of scope for one of the permitted reasons, seeking legal advice where required.

It is an offence to:

It may be necessary to provide relevant evidence of the reason for exemption at a later date.

The various V55 forms are:

  • V55/1 – supplied for pre-completion by the vehicle manufacturer and import concessionaire. It can only be used to register new, unused and European community whole vehicle type approval (ECWVTA), National Small Series Type Approval (NSSTA) or some Individual Vehicle Approval (IVA) vehicles.

  • V55/2 – supplied in individual form sets, for the use by approved independent traders only. These can only be used for the registration of new, unused and either ECWVTA or NSSTA vehicles or some IVA vehicles.

  • V55/4 form – can be supplied in individual form sets, this is for the registration of new vehicles and is used when a V55/1 or V55/2 is not applicable. This could be because a vehicle has undergone modification, conversion or addition of bodywork.

  • V55/5 form – can be supplied in individual form sets. It is for the first registration in the UK of used vehicles.

See the guidance notes on how to fill in V55 forms for more.

Temporarily importing vehicles into the UK

A vehicle displaying foreign number plates can usually be used on UK roads without registering or taxing in the UK if all of the following apply:

  • the vehicle user is visiting and does not plan to live in the UK
  • the vehicle is registered and taxed in its home country
  • the vehicle is used in the UK for no more than 6 months in total – this can be a single visit or several shorter visits over 12 months

Further guidance is available on importing vehicles into the UK.

Contact the DVLA for any further vehicle registration queries.

Registering a vehicle as ‘automated’ for insurance purposes

Part 1 of The Automated and Electric Vehicles Act 2018 (AEVA) came into force on 21 April 2021.

It sets out a framework for the insurance of automated vehicles in Great Britain by amending and supplementing the provisions of the Road Traffic Act 1988.

It is possible to register a vehicle as an ‘automated vehicle’ as part of the first registration, a process managed by the Driver and Vehicle Licensing Agency (DVLA).

A trial vehicle that requires monitoring would not meet the statutory definition of ‘driving itself’. However, trialling organisations may wish to consider the following information.

Vehicles may only be registered as automated for insurance if they have been listed as such by the Secretary of State for Transport under AEVA.

Vehicles will be listed if they are, in the Secretary of State’s opinion:

Designed or adapted to be capable, in at least some circumstances or situations, of safely and lawfully driving themselves.

This is further defined as requiring no monitoring or control by a human under specific circumstances.

We do not expect that trials of automated vehicle technology will require assessment against the definition of automation. Trialling any level of automated vehicle technology is possible, as set out in the Code of Practice. If an organisation feels their vehicle may be compatible with the definition of automation, then we encourage them to approach the Centre for Connected and Autonomous Vehicles (CCAV).

When registering a trial vehicle, the automated vehicle field must be completed as ‘no’ during first registration, unless the vehicle has already been assessed and included on the Secretary of State’s list.

Requirements while the vehicle is being used

Irrespective of the route used to register a vehicle, it must comply with certain legal requirements while being used on public roads or in a public place.

The applicable requirements will depend on the vehicle itself and its use.

In general, vehicles must always comply in full with the UK road traffic legislation including the construction and use requirements given in:

Under certain circumstances, exemptions from some of these requirements are available under Section 44 of the Road Traffic Act, and these exemptions may be relevant for the trialling of automated vehicles.

There are 2 broad categories of exemptions available via Section 44:

  1. special type general order (STGO) – this legal order allows a vehicle that meets the criteria to be exempt from certain construction and use regulations. There is no application process. The order lists the construction and use regulations that continue to apply. There are conditions, such as that the vehicle must be for sole use in trials and tests.
  2. vehicle special orders (VSOs) – these are issued to specific vehicles or fleets of vehicles, with exemptions and use restrictions agreed on a case-by-case basis and at the discretion of the Secretary of State.

Further detail about these orders is provided in Special Types General Order (STGO) and Vehicle Special Order (VSO).

Vehicles used for public passenger service must also comply with various passenger service requirements. Unless an exemption is available and granted under the relevant legislation, these include those found in the:

Special types general order

The Road Vehicles (Authorisation of Special Types) (General) Order 2003 (STGO) provides for various exemptions for ‘special types’ of vehicles. One of these special types is ‘vehicles for tests, trials or non-UK use etc’, covered by sections 36 and 37 (which refer in turn to schedule 11).

See the summary of the provisions for more.

Certain exemptions from construction and use regulations (including road vehicle lighting regulations) are available for vehicles that meet the following description:

Motor vehicles and trailers which are new or improved types constructed for tests or trials, or which are equipped with new or improved equipment or types of equipment.

The exemptions only apply in the following circumstances:

  • testing
  • demonstration
  • delivery on sale
  • proceeding to, or returning from, a manufacturer or repairer for construction, repair or overhaul

STGO provisions for tests/trials can be applied to ‘motor vehicles’ or ‘trailers’ as defined in the construction and use regulations 1986. This includes the categories of ‘motor car’, ‘heavy motor car’, ‘motor tractor’ and ‘motorcycle’ where the vehicle is intended or adapted for use on roads. As such, providing they are otherwise within the scope of the STGO provisions, vehicles of international categories L, M, N and O may all be eligible.

Some examples of the type of circumstances where the STGO may be used are manufacturers testing new models of a vehicle before they are put on sale, or new equipment being tested in current vehicles.

STGO accommodates these situations through specific provisions, so long as the vehicles meet the criteria in the order.

In the case of vehicles used for tests/trials, the STGO neither explicitly permits nor prohibits operation for ‘hire or reward’. However, it is prohibited to ‘carry any load’ (excluding ballast) or to ‘transport goods or burden’, and the operation on-road must be necessary for the purpose of one of the 4 conditions listed above.

The Law Commission provided commentary on this issue in their paper on remote driving, which trialling organisations may find useful. See paragraphs 3.54 and 9.17 of the Remote driving issues paper and paragraphs 5.31 to 5.39 of Remote driving: advice to government.

The provisions of STGO do not provide any exemption from the requirement to comply with relevant public service vehicle (PSV) regulations when carrying passengers commercially.

Trialling organisations may apply for a Vehicle Special Order (see below) to cover any exemptions required if the vehicle concerned, or its use, does not fall within the scope of STGO (for example, transporting goods).

The requirements and permitted exemptions for this STGO category are listed in the Order.

It follows, therefore, that the regulations not listed are exempted for vehicles being used for tests/trials. It must be noted, however, that construction and use Regulation 100 still applies and so even if a specific section (such as mirrors) is exempted, the vehicle must nevertheless not present any danger to its occupants or other road users. We also draw your attention to Regulations 104 (control of vehicle and view of the road ahead) and 107 (not leaving the vehicle unattended).

For vehicles and use cases that fall within the scope of STGO, there is no application process to make use of the provisions afforded by STGO.

However, it should be noted that some provisions of STGO require ‘authorisation’ (for example, in the case that a vehicle exceeds a certain mass or dimensions, STGO requires police notification). See the STGO for further details.

Vehicle special order

By exception, if the vehicle cannot comply with the required construction regulations for use in trials and testing, even after investing time and effort, then the Department for Transport (DfT) may still allow the vehicle to be used on the road. This is also true if the required use of the vehicle falls outside the restrictions of STGO.

In these cases, the trialling organisation must make a reasoned case for exemption from the regulations that they cannot comply with and apply to the Vehicle Certification Agency (VCA) to be considered for a vehicle special order (VSO) under section 44 of the Road Traffic Act 1988, on the basis that the vehicle is either for ‘tests and trials’, a ‘new or improved type’, or that it is ‘special’.

If the application is justified, the order would be signed by an officer on behalf of the Secretary of State and would authorise the use of that vehicle (identified by vehicle identification number (VIN) and registration number) recognising the non-compliance. That order may place restrictions on the use of the vehicle and the Secretary of State may subsequently revoke an order.

When applying for a VSO, it is expected that the applicant should specify:

  • which areas of the construction regulations the vehicle does not comply with
  • why compliance with these requirements is not possible or impractical in the case of this vehicle
  • what alternative measures have been put in place to ensure the vehicle and its operation remain safe, this could include:
    • alternative construction provisions (such as the use of tyres intended for non-road vehicles)
    • restrictions on the use (geographic limits, maximum speed, external safety provisions, for example)
    • justification that the requirement is not relevant (such as transparency of glazing if there is no driver on board)

In the case of automated vehicles (AV), VSO applications will also be considered in cases where the requirement is not relevant due to the vehicle’s automation. Exemptions for other aspects will need to be justified on the basis that the vehicle cannot comply.

If a VSO is requested because commercial elements of the operation do not permit the use of STGO (see above), the necessity of the commercial element, and any additional safety risks and mitigations, will need to be justified as part of the application.

Further information is available on the VCA website. A case study of how the VSO process works demonstrates the principle of identifying non-compliances and putting in place alternative safety controls.

The VSO process permits modification or exemption from construction and use regulations. However, many aspects of construction and use are defined in broad terms, for example, the steering system requirements.

Trialling organisations may wish to consider the respective type of approval legislation and IVA / MSVA requirements when applying for any required exemptions, to help interpret the requirements of construction and use.

Issuance of a VSO is ultimately at the discretion of the Secretary of State and can be subject to conditions. There is no guarantee as to whether an application will be accepted, and each case is judged on its own merits.

Modifying approved and registered vehicles for trialling automated driving systems

Where a trialling organisation modifies an existing approved vehicle for use in their trial, in many cases the above-mentioned registration and approval processes are not necessary since the vehicle is already registered for use on public roads.

However, there is still a legal obligation to comply with regulations relating to the construction and use of the vehicle, and for it to remain safe at all times.

An offence is committed under section 40A of the Road Traffic Act 1988 if any person uses (or causes or permits another person to use) a motor vehicle on a road so that the use of the vehicle involves a danger of injury to any person due to:

  • the condition of the vehicle, its accessories or equipment
  • the purpose for which it is used
  • the number of passengers carried by it, or how they are carried
  • the weight, position, distribution or security of its load

The extent to which vehicles can be modified after they have been registered and what technical and administrative processes must then be undertaken differ depending upon many specifics including the original vehicle category.

For light passenger and goods vehicles, the onus is on the user to ensure the vehicle remains compliant with road traffic regulations.

If the vehicle is deemed radically altered, then the vehicle has changed its identity and will need to be reregistered using one of the routes in registration.

If any data on the vehicle’s registration document (V5C) has changed (for example, colour, number of seats), DVLA must be notified and the vehicle’s registration record updated.

For most trucks and buses, in addition to the above considerations for light passenger and goods vehicles, many modifications will also need to be notified to the DVSA. The necessity for this notification also depends on the use of the vehicle.

If modifications are made which render the vehicle non-compliant with construction and use legislation, then the vehicle will either need to be made compliant or make use of one of the following:

  • STGO, if the exemptions provided are applicable and sufficient
  • a VSO, where more significant exemptions are needed

In many cases, the modifications made to production vehicles for autonomous vehicle (AV) trials may not warrant reregistration or other administrative processes. However, the trialling organisation should understand its ongoing obligations to comply with construction and use requirements.

The following non-exhaustive list gives examples of some areas that should be considered:

  • attachments to the exterior – the vehicle should not be rendered less safe in the event of a collision, including with a pedestrian or other vulnerable road user nor must they obscure existing systems like lighting
  • equipment fitted to the interior – vehicle occupants should not be at increased risk from additional equipment that has been fitted or is being carried, this includes:
    • items mounted to the dashboard, which could present a risk of head injury or prevent supplementary restraint systems from operating correctly
    • large/heavy/electrical items fitted in the seating or luggage area
  • modifications to the powertrain, steering or braking systems – any such modifications should meet the relevant functional safety principles to ensure that in the event of failure, they do not render the vehicle unsafe and that the safety driver can maintain control
  • changes to vehicle mass, its distribution and any resultant impact on vehicle structure, dynamics or steering/braking systems
  • electromagnetic compatibility
  • modification or disabling of approved safety systems

While many of these items are not explicitly covered by it, attention is drawn to construction and use regulation 100, which requires that no danger is caused or is likely to be caused to any person in the vehicle or on a road.

Consideration should also be given to any other legislation which may apply, for example, the Health and Safety at Work etc Act 1974 Public Passenger Vehicles Act 1981.

Operator licensing

Organisations wishing to trial automated vehicles on public roads in the UK will usually require an operator licence for goods vehicles over 3.5 tonnes gross vehicle weight (GVW) or for public service vehicles that can carry 9 or more passengers.

In the case of goods vehicles entirely driven using alternative fuels a weight concession of 4.25 tonnes GVW is permitted.

See the goods-vehicle-operator-licensing-guide or the PSV operator licence guidance to find out if you need an operator’s licence and how to apply for the correct one.

Trialling organisations who already have an operator’s licence must inform the traffic commissioner at the earliest opportunity, providing details of the trial and confirmation that a detailed safety case is in place before the trial commences. A traffic commissioner may require operators to provide additional assurances regarding the operator’s licence to enable the trial to be undertaken.

See the goods vehicles make-changes-to-a-licence or making-changes-to-your-psv-licence for more information on managing your operator licence.

Operating a local bus service

If your trial will provide a local bus service to carry passengers at separate fares over short distances, the service must be registered with either the local traffic commissioner or in certain circumstances the local authority. See the run a local bus service guide for more information.

Note: services that operate in London have different rules. Seek further guidance from Transport for London (TfL) for more.

Buses operating local services in England will also need to comply with bus open data regulations. See the bus open data service guide](/government/admin/collections/1377773) for more.

Operating taxis or private hire vehicles

You will need a licence to operate vehicles for hire or reward with up to 8 passenger seats.

There are different ways to apply depending on where you operate. They are:

Considerations for trialling vehicles with an off-board driver

As stated in the Code of Practice, it is possible under UK law to operate a vehicle whose driver is not in the vehicle.

Where this is done, all relevant legislation must still be complied with, including the driver’s ability to observe the driving environment around the vehicle, to have adequate control of the vehicle and responsibility for certain passengers (for example, seatbelt wearing). Refer in particular to regulations 104 and regulations 107 of the Constructions and Use Regulations 1986.

The trialling organisation must make a thorough analysis of the compliance of any vehicle operated in this way and, where necessary, an organisation may need to present a thorough safety case as part of an application for a VSO.

See the Law Commission paper on remote driving for more.

Additional regulations, standards and documents for consideration

In addition to the documents referenced throughout this guidance, when assessing vehicle safety and compliance with construction and use regulations trialling organisations are recommended to refer to the following documents as relevant. This list is not exhaustive.

The BSI CAV Programme provides standards, guidance and technical documents designed to support and accelerate the safe and secure development, trialling, testing and deployment of connected and autonomous vehicles.

The DVSA Categorisation of Defects is primarily intended for the use of DVSA vehicle examiners but can also be used as general guidance for the interpretation of construction and use requirements.

  • part 1 covers heavy goods vehicles and public service vehicles
  • part 2 covers passenger cars, private buses and light goods vehicles
  • part 3 covers motorcycles

The DVSA enforcement sanctions policy sets out what action DVSA traffic examiners will take when dealing with most offences they find when carrying out roadside checks. It’s used to make sure that DVSA takes consistent action.

UNECE Vehicle Regulations (used for type approval).

See the application for first vehicle tax and registration of a new motor vehicle for more.

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