With this legislation, Portugal joins the group of European countries with specific rules governing autonomous driving in real-world conditions. Decree-Law 113/2026, published in the Official Gazette on 8 June and approved by the Council of Ministers in April 2026, sets out the technical, operational and safety requirements that manufacturers, research centres and other entities must fulfil to conduct tests of automated driving systems (ADS) on public roads or on private roads open to public traffic.

The regime applies to vehicles that have not been type-approved for normal circulation, or to type-approved vehicles in which the ADS was installed after type-approval — thus excluding driver assistance systems already commercially available under standard European type-approval. Testing is subject to prior licensing by the competent authority, and applicants must demonstrate compliance with a set of requirements, including:

• Prior risk assessment covering ADS cybersecurity and risks to road infrastructure;
• A valid insurance contract covering the full duration of the licence;
• Adequate technical training for the driver and operator, including the ability to assume vehicle control when needed;
• Visual identification of the vehicle as an autonomous driving test vehicle, where the risk assessment so requires;
• An obligation to adopt a minimum-risk condition in the event of any critical incident.

The legislation also regulates the transition of dynamic vehicle control to the human driver and establishes a specific administrative offence framework, with the Highway Code applying on a subsidiary basis. Specific supervisory and intervention duties are imposed on the on-board driver, and the licence holder assumes responsibility for ensuring the test complies with the regime's requirements.

Alongside this, Decree-Law 114/2026, published on the same date, amends the Driving Licence Regulations, providing the normative basis for the future circulation of autonomous vehicles beyond the experimental phase. Together, both instruments lay the foundations of Portugal's regulatory framework for autonomous mobility.

From a business law perspective, the new regime creates significant opportunities for automotive technology companies, manufacturers, research centres and mobility operators seeking to develop or test autonomous driving solutions in Portugal. TOL Legal Team is available to advise on licensing procedures, risk assessment and the structuring of insurance and liability arrangements associated with these tests.