Startups and entrepreneurs in the mobility sector, from all over the world, can find great opportunities, both for investment and implementation of their technology-based projects, through the regulatory sandbox contemplated in the draft Spanish law related to sustainable mobility.
This draft law will permit public-private collaboration so that the mobility sector operators themselves can participate in the development of the laws that will ultimately govern the sector. Startups that participate will have significant advantage.
1.- WHY IS IT NECESSARY TO HAVE A REGULATORY SANDBOX FOR MOBILITY?
Larger populations require that cities improve and satisfy the mobility needs of its population’s consumer in a sustainable manner.
Regulatory sandboxes in the field of mobility promote projects that seek to meet these goals by taking advantage of the opportunities presented by new technologies. These opportunities consist of the generation of new business opportunities, applications and mobility products that, as we said, can satisfy mobility needs.
2.- HOW TO ACCESS THE SANDBOX?
Only those innovative projects in the field of mobility not already governed by existing regulations and that are at a stage of development which allows for execution tests are permitted in the sandbox.
The draft law regulates the existence of a Commission of Experts, the governing body in charge of determining the innovative nature of each application submitted. From this point of view, the innovative character of the projects must relate to one of the following aspects:
– Involving an improvement in terms of administrative harmonization, regulatory compliance or providing potential utility or added value over existing uses.
– Benefiting users of mobility services in terms of quality, availability, safety or cost reduction.
– Increasing operators’ effectiveness or efficiency to provide mobility services.
– Advancing sustainable mobility, social inclusion, and emission reduction.
The Commission of Experts will issue a reasoned report in which it will accept or reject the submitted projects. In the same report, the Commission of Experts shall appoint the authority responsible for supervising the development of the tests.
3.- HOW IS THE TESTING PROTOCOL ESTABLISHED?
The Commission of Experts will also establish the content of the test protocol, which will be developed in the sandbox, including the following criteria:
– Limitations on the volume of the activity, as well as the time to carry it out.
– The way in which the tests will be monitored.
– The information on the outcome of the tests.
– The phases of the project and the objectives to be pursued in each phase.
– The resources available to the developer for the execution of the tests.
– The system of liability guarantees.
– If necessary, the confidentiality clauses on industrial and intellectual property rights or business secrets that may be affected during the tests.
4.- IS THE CONFIDENTIALITY OF THE PROJECTS GUARANTEED?
In terms of confidentiality, it should be noted that the members of the regulatory bodies participating in the sandbox must comply with the duties of secrecy and discretion established in the Basic Statute for Public Employees (RDL 5/2015, of 30 October).
This means that the members of the regulatory bodies participating in the project must, by law, maintain strict confidentiality regarding the projects, as well as the information related to them to which they have access during the development of the tests.
5.- HOW ARE THE TEST RESULTS REFLECTED IN THE FUTURE REGULATION?
Once the tests have been completed, both the promoter and the authorities in charge of supervising the tests shall issue a report containing the results of the tests carried out.
The sponsor and the test monitoring authority will then draft a joint proposal for the applicable regulations, which may consist of issuing a new regulation, amending an existing regulation or any other appropriate initiatives.
The proposal will be forwarded to the Office of the Ministry of Transport, Mobility and Urban Agenda, who will forward them to the relevant legislative bodies who will take them into account in the procedures for drafting laws and regulations. The regulatory proposals are not binding for the legislative bodies but, at a minimum, they will be use as consultation elements in regulatory procedures affecting the mobility sector.
6.- CONCLUSION.
The new mobility sandbox regime represents a great opportunity for operators that test their projects and position themselves at the forefront of the mobility sector.
Eduardo Baamonde de Luis, Lawyer at Across Legal.
