Autonomous vehicles law and regulation in Portugal

The Road Traffic Code requires that all vehicles circulating on public roads must have a driver, and the latter may only drive if  legally licensed to do so. 

The legal framework does not allow the circulation of AVs from SAE Levels 3-5, where the driver behind the wheel, or where the wheel used to be, is no longer a person. Notwithstanding, Level 3-5 AV tests on public roads in Portugal are allowed in line with various European projects.

Resolution of the Council of Ministers no. 29/2020, establishes the Government's general principles for the creation and regulation of "Technological Free Zones”, which can facilitate the testing and implementation of Level 3-5 AVs, considering that technological development is only possible by testing and experimenting – particularly in a real environment – with new technologies, their applications and the business models to be adopted.

Considering the applicable legal framework in Portugal, consumers are currently not allowed to use SAE Levels 3-5 AV on public roads.

Taking into account that there is no specific legal framework that is applicable to SAE Levels 3-5 AVs, as these vehicles are still not allowed to operate by law, liability is determined according to the general rules.

Owner: The owner is liable for any damage that the vehicle may cause, considering that the liability associated with the risks of using the vehicle always lies with the person who performs the "effective steering": in short, the owner may still be liable, even when the owner is not the driver if the vehicle is driven under his direction and in his interests.

Driver/Operator: The Driver/Operator is liable for damages caused by the vehicle if one of the foreseen conditions is met:

• actual fault of one or both drivers of the vehicles involved in the collision;
• presumed fault of the driver of the vehicle for hire or reward, except if proven otherwise; and
• risk sharing between the interested parties if fault is not determined.

Notwithstanding, if Level 3-5 AVs cause any damage by their unlawful use, the general civil liability foreseen in the Portuguese Civil Code will be applicable.

Manufacturer: The general liability rules of Portuguese law, namely rules concerning product liability, would apply. The manufacturer could, therefore, be held liable for damage, in particular damage caused by defects in the vehicle.

There is no specific obligation in the Portuguese legal framework that imposes the obligation to enter into an insurance contract for the use of AVs, even in a test context.

However, under the applicable general rules, it is mandatory to have road traffic insurance, covering human acts and fault.  Accordingly, and to the extent that AVs are tested on public roads, it will be necessary to ensure that a road traffic insurance contract is concluded or to conclude a specific AV insurance contract with the insurer.  

We are not aware of any specific legal provisions that apply in Portugal regarding warranty claims to AVs. However, warranty claims will be subject to the general rules on product liability and product warranties.