An overview of the government’s recent consultation paper
On 21 July 2025 the government published a consultation on Automated Passenger Services (APS) with a view to creating a clear bespoke legal route for deploying driverless commercial passenger services.
The government’s eagerness to introduce driverless technology means that the proposed statutory instrument, accompanying the consultation, will allow for a permitting regime and initial pilots (for taxi and bus schemes) from spring of 2026 ahead of the full implementation of the Automated Vehicles Act 2024 which remains scheduled for the second half of 2027.
With a view to encouraging commercial investment, permits will extend to trials in England, Wales and Scotland, with or without the participation of a safety driver.
The anticipated benefits of introducing the APS permit scheme from the spring 2026 are:
- Identifying, ahead of a full implementation programme, any challenges presented by self-driving vehicles.
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Identifying societal benefits of APS, especially for older and disabled passengers.
Government guidance
The consultation paper seeks guidance on the preliminary discussions between the APS permit applicants and authorities, which are likely include details of safety case from the applicant and expectations from the licensing authorities.
The permit application process
This form and content of the application are likely to include, but will not be limited to:
- A full system safety case
- Reassurance as to the robustness of cybersecurity systems
- Details on data collection, sharing and storage
- Details on the system for recording accidents/near miss incidents
Once a permit is granted it must specify:
- The area where the service will be provided
- Detail of the actual vehicles
- The period for which the permit is valid
Disclosure & Use of Information
Permits conditions may require the permit holder to collect and share a minimum data set, either with public authorities (e.g police) or private businesses, on a confidential basis and there may be additional information sharing requirements in respect of the Secretary of State for Transport if the latter considers it would be in the public interest to collect and disclose such information.
This is likely be an important on-going area for insurers in evaluating and re-evaluating risk.
Duration of permit
The DVSA will be the authority granting APS permits. It is expected that the permits will have a duration of up to 5 years.
However, the Secretary of State will have the ability to vary or withdraw a permit for reasons of safety or non-compliance with the terms of the permit.
Final thoughts
The desired outcome of this consultation is, surely, to deliver a framework of regulatory certainty for stakeholders and a level of road safety that builds public trust and confidence.
Early implementation of the APS permitting scheme will provide the opportunity to accelerate learning in advance of the full implementation of the Automated Vehicles Act 2024.
Timescales
Responses to the consultation close on 28 September 2025.
For further information, please contact our motor solicitors.