The new GB self-driving pilot scheme and Automated Passenger Service Pilot guidance: What Transport Operators and Authorities Need to Know

The UK is entering a pivotal phase in the commercial deployment of self‑driving technology on roads without a safety driver. 

The Government has published new guidance for operators, local authorities and first responders applicable to England, Wales and Scotland on the Self‑Driving Vehicle Pilot Scheme and the new Automated Passenger Service (APS) permitting regime. Transport operators and public authorities now have a defined legal pathway in particular for introducing automated passenger services ahead of the full implementation of the Automated Vehicles Act 2024 (the AV Act). 

This article outlines the key legal and operational considerations for organisations preparing to participate in, regulate, or oversee automated passenger services.

1. A New Statutory Framework for Self‑Driving Deployment

The pilot scheme provides the first lawful route for operating self‑driving vehicles without a safety driver. To participate, operators must secure:

• a type approval or a Vehicle Special Order (VSO);
• registration under s.1 of the Automated and Electric Vehicles Act 2018 (AEVA); and
• where passengers are carried, an APS permit 

This framework is materially different from the existing trialling regime, which requires a safety driver and is governed by the non‑statutory Code of Practice and that remains in place for such trials. The pilot scheme is therefore the first step towards self-driving vehicles without safety drivers and regulated commercial deployment.

Relevant sections of the AV Act and draft regulations in relation to APS are expected to come into force in Spring with remaining provisions of the AV Act following suit in late 2027.

2. Vehicle Approval, Listing and Exemptions

Vehicle Listing

Vehicles must be assessed and listed as self‑driving under AEVA. This requires demonstrating that the automated driving system (ADS) can safely and lawfully perform the entire dynamic driving task within defined operational design domains and listing by the Secretary of State for Transport.

Vehicle Special Orders

VSOs provide exemptions from construction and use requirements that automated vehicles cannot meet — for example, rules relating to driver presence or control interfaces. It is envisaged that pending any type approval arrangements, automated vehicles will need exempting through this route.

Applicants must provide:

• justification for each exemption sought
• evidence of alternative safety measures
• operational controls to mitigate any residual risk

This is a detailed, evidence‑driven process, and early engagement with the Vehicle Certification Agency (VCA) is strongly recommended.

3. The APS Permit Regime: A New Licensing Model

APS permits are required for any automated service that resembles a taxi, private hire vehicle (PHV), or bus operation. The framework will need to overlay over devolved responsibilities but the national regime in England (and Wales and Scotland in respect of bus-like services) will be administered by DVSA and is designed to sit alongside — and in some cases disapply — existing taxi, PHV and bus legislation.

The guidance expands on the application of the framework described in the draft Automated Vehicles (Permits for Automated Passenger Services) Regulations.

Key features include:

• Mandatory consent from the relevant licensing authority (for taxi/PHV‑type services) or franchising authority (for bus‑type services)
• Consultation duties involving traffic authorities and emergency services
• Detailed operational submissions, including safety management, incident response, and passenger‑handling procedures
• Permit conditions, which may regulate routing, service areas, accessibility, or data‑sharing

The APS regime is therefore both a licensing mechanism and a governance tool for local authorities.  Whilst the system borrows from principles under the existing passenger services licensing regime, given the novel circumstances, some features and requirements will be very different. 

4. Safety Case and Safety Management System Requirements

Operators must maintain a comprehensive safety case supported by a robust Safety Management System (SMS). These must address:

• ADS performance and limitations
• operational risk assessments
• remote supervision arrangements
• maintenance, monitoring and software update processes
• cybersecurity controls aligned with NCSC guidance

These obligations are ongoing. Operators must continually assess and demonstrate that the service remains safe throughout the pilot.

5. Incident Reporting, Data Sharing and Regulatory Oversight

The pilot scheme imposes stringent reporting and data sharing duties, including:

• immediate notifications of safety‑related incidents
• short‑term reports within 30 days
• periodic reporting on performance, safety and operational data

Regulators retain powers to suspend or revoke VSOs or APS permits where safety concerns arise. Operators should therefore expect a high level of scrutiny and should ensure that reporting systems are embedded operationally from the outset.

In addition to data sharing as part of VSO or APS applications and conditions, DfT intends to gather additional data to ensure that lessons are learned regarding pilot deployments and made available for public scrutiny.  DfT will seek data sharing agreements for non-personal data accordingly and may revoke VSOs if not adhered to.

6. Incident Management and First Responder Engagement

Operators must provide first responders with:

• vehicle identification and access information
• procedures for stopping or securing the vehicle
• recovery instructions
• training materials

This is required as and forms part of the operator’s safety case in suitable incident management protocols and an incident management plan. Early engagement with the police, fire and ambulance services is therefore essential.

7. The Role of Local and Transport Authorities

The APS regime creates new statutory responsibilities for local authorities and transport bodies underpinning a national authority issued permit.

Licensing and Franchising Authorities

APS permits will be issued by the relevant national authority who is the Secretary of State for Transport (via DVSA) for taxi/PHV-like services in England and bus-like services in GB. However, local authorities such as ordinary taxi/PHV licensing authorities or bus franchising bodies must give or withhold consent for APS permit applications within a six‑week statutory window. Failure to respond is treated as consent. Authorities may impose conditions or refuse consent where justified.

Traffic Authorities and Emergency Services

Where a service is likely to have a substantial impact on the road network, traffic authorities must be consulted by DVSA. Their views may influence permit conditions relating to routing, kerbside management, or congestion impacts.  DVSA must also similarly consult emergency services.

Strategic Engagement

Authorities are encouraged to engage with operators at an early stage to ensure alignment with local transport strategies, accessibility objectives, environmental goals and emergency services.

8. Practical Considerations for Stakeholders

For Operators

• Understand the requirements for VSO and, as appropriate, APS regimes
• Begin early engagement with authorities and first responders
• Prepare detailed application evidence and implement necessary underlying processes including (without limitation):
  • Prepare a detailed safety case and SMS
  • Ensure cybersecurity and data governance frameworks are in place
  • Establish robust incident reporting and monitoring systems
  • Align data capture and retention with expected authority requirements

For Local Authorities

• Develop internal processes for consultation engagement on VSO or APS  (noting the six‑week consent window on the latter)
• Assess how automated services align with local transport and accessibility policies
• Coordinate policy across licensing, highways, legal and emergency services teams

Conclusion

The new pilot scheme and pending Automated Passenger Service regime marks a significant shift in the UK’s approach to self‑driving technology. It introduces a structured, legally clear framework that balances innovation with public safety and local accountability.

For potential operators, the requirements are material and will require good and early preparation. For authorities, the scheme introduces new statutory duties that must be integrated into existing transport governance structures.