Self-driving vehicles on the agenda
In Norway, there is growing political interest and ambition to introduce automated vehicles into the national transport system, particularly within the transport sector. A proposal for a national strategy for automated road transport was developed by the Norwegian Public Roads Administration (Vegvesenet) on behalf of the Ministry of Transport and published in 2024. In this strategy, the Norwegian Road Administration recommended that Norwegian authorities should facilitate business models that advance the use of automated commercial vehicles in the desired direction, including enhancing the efficiency of freight transport.
Following up on the proposed national strategy, the Ministry of Transport required the Norwegian Public Roads Administration to organize its activities to facilitate the introduction of automated transport as an instrument to achieve overall transport policy goals in its letter of allocation for 2025. These goals include, but are not limited to, «increased competitiveness for business and industry» and «effective use of new technology.» Referring to the latter, the Ministry of Transport emphasized that predictability and communication are important for road users, and that the government will therefore continue to develop a digital, navigable road network that also facilitates the automated transport of the future.
The Act on testing of self-driving vehicles
Although the political ambition is growing, the legal framework for operating autonomous/self-driving vehicles in Norway has remained unchanged since 2017, when the Norwegian Act on testing of self-driving vehicles was enacted. But don’t be fooled, its age does not diminish the potential it offers to companies interested in either offering autonomous vehicles as a service in the Norwegian market or those interested in testing and utilizing such vehicles.
The Act defines a «self-driving vehicle» as a vehicle equipped with a technical system that automatically drives the vehicle and has control over the driving (SAE level 3-5). It permits the testing of such autonomous vehicles without a driver in the vehicle or in a traditional driver’s seat, or where exemptions from other traffic regulations are necessary. The Act encompasses all trials of autonomous vehicles, both on and off road.
Its purpose is, among other things, to facilitate the testing of self-driving vehicles within a framework that safeguards road safety and privacy considerations. The testing scheme is limited to testing that aims to uncover the effects that automated vehicles can have on road safety, efficiency in traffic management, mobility, and the environment.
Application for permission
Testing of autonomous vehicles is in all cases subject to permission from the Directorate of Public Roads (Vegdirektoratet). The permit must be valid for a specified purpose and applies for a limited period of time. Applying for permission is free, and both companies and private individuals can apply. The latest figures from the Road Directorate show that since 2018, approximately 120 permits have been granted for testing autonomous vehicles, including extensions and expansions of existing permits.
There are several requirements for the content of the application. For example, the application must include the name of the applicant and the person responsible for the safe operation of the vehicles, as well as descriptions of the purpose of the test, the vehicle(s) to be used, automation systems, the plan for the test, the area for the test, and the need for exemptions from current legislation. Additionally, road safety must be safeguarded at least as effectively as it would be when using manual vehicles. This is a crucial consideration in the Directorate of Public Roads’ assessment of whether a permit should be granted, along with factors such as environmental protection, accessibility, privacy, and data security.
To ensure that road safety is safeguarded, the applicant must account for the risks associated with the trial. This risk assessment must be linked to the circumstances surrounding the trial and describe measures to reduce or eliminate risk in the relevant context. For example, if the automated vehicle is to be driven on a road open to general traffic, the risk assessment must consider conditions such as accidents, roadworks, and detours.
It is ultimately up to the Directorate of Public Roads to assess whether permission should be granted in a specific case, based on an overall evaluation of all relevant factors. The Directorate of Public Roads «may» grant permission but is not obliged to do so, even if all requirements in the Act are met. To reduce the risk of application refusal, it is important to ensure that the application adequately provides the required information and substantiates that risks concerning road safety, environmental protection, accessibility, privacy, and data security are identified and mitigated.