- Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?
- Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?
- Who has liability for damages caused by a car in automated driving mode?
- Are there any specific mandatory insurance requirements for AVs?
- Is there general liability based on warranty claims against the manufacturer for AVs?
jurisdiction
1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?
Testing Levels 3-5 AVs on public roads in Spain is permitted only where specific prior authorisation has been obtained from the government.
2. Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?
No, consumers are not currently permitted to use Levels 3-5 AVs on public roads in Spain.
3. Who has liability for damages caused by a car in automated driving mode?
Owner: As a general rule, the registered owner of a vehicle would be liable for damages caused by the vehicle: (i) if he is the driver and the damages consist of personal injuries (except in the case of damages caused by the injured person or because of vis major, which is an event that cannot be foreseen or, even if foreseen, cannot be avoided; or (ii) if he is the driver and the damages to properties are caused by his negligence; or (iii) if the driver is a person for whom the owner should be liable (employee, children of minor age, etc.), unless all necessary measures were taken; or (iv) in any case, if the vehicle has no insurance (which is mandatory). Civil liability insurance is mandatory for the owner of an AV. The insurer must cover up to the limits of the compulsory insurance and civil liability arising from damages to goods or persons.
Driver / operator: The driver of any vehicle (including AVs) would be liable for all damages caused to persons or assets, the amount of indemnity in the case of personal damages being limited by the Law.
Manufacturer: It is an open topic as there are no precedent cases under Spanish jurisdiction and no rules specific to AVs. The general liability rules of Spanish law (including in relation to product liability) would apply and, therefore, the manufacturer could be held liable for negligence. In the application of these rules, the factual circumstances have an essential role, so if the manufacturer was at fault (i.e. technical issues) he could be held liable.
4. Are there any specific mandatory insurance requirements for AVs?
There are no mandatory insurance requirements that apply specifically to the use of AVs in Spain, but there are general mandatory insurance requirements that apply to all vehicles driving on roads in Spain. Therefore, to the extent that AVs are tested on public roads in Spain, the test applicant must have compliant insurance in place.
5. Is there general liability based on warranty claims against the manufacturer for AVs?
We are not aware of any legal requirements in Spain that apply specifically to warranty claims in respect to AVs. However, warranty claims for AVs would be subject to existing general rules on product liability and product warranties.
