The UK's Automated Vehicles Act received Royal Assent on 20 May 2024, although most of its provisions are to be brought in by secondary legislation. We look at the current regime for automated vehicles (AVs) in the UK and at how this is likely to change as and when the operative provisions of the AV Act are brought into force.
The use of AVs in the UK is currently regulated by the Automated and Electric Vehicles Act 2018 (AEVA), in tandem with existing road traffic laws. Although full self-driving systems are not yet legal to use on UK roads, the AV Act intends to change that. The AEVA laid some of the groundwork in relation to AV technology, such as the introduction of compulsory 'single insurer' insurance, whereby both the driver and any victim of an accident involving and caused by a specific AV will have recourse from an insurer in the first instance, in certain circumstances and subject to certain exceptions. This represented a significant departure from the UK's existing approach to vehicle insurance which attaches only to the driver.
However, the AEVA has certain limitations and gaps which the AV Act seeks to address. For example, the course of redress for insurers from manufacturers of AV technology is somewhat unclear, given the complexities of supply chains and multiple suppliers of discrete elements of the software involved and a lack of clarity around who is responsible for the content of user manuals. The AEVA does not appear to provide for automation which falls short of being "fully autonomous" and does not fully address who is responsible for software updates when, for example, there are multiple drivers of an AV.
The AV Act seeks to address issues of consumer confidence in AVs and to clarify some of the questions around legal liability under the AEVA by broadly implementing the recommendations of a joint report by the Law Commissions of England & Wales and Scotland and introducing a clear framework for the safe operation of AVs in Great Britain. The AV Act does not extend to Northern Ireland or to other countries outside the UK.
The AV Act introduces a new definition of AVs as vehicles that "satisfy the self-driving test", meaning vehicles that are able to travel autonomously (i.e. the vehicle's motion is being controlled by the vehicle's equipment and not by a driver, nor is the driver monitoring the vehicle with a view to immediate intervention in driving it) to an acceptably safe standard and with an acceptably low risk of committing a traffic infraction. This would appear to rule assisted driving technology and/or AVs which have only an element of automation out of scope. This requires AVs, for the purposes of the AV Act, to be able to operate at levels 3-5 on the SAE scale of driving automation, whereby no individual is driving when the automated driving features are engaged, even where an individual is seated in the driver's seat, although where certain features request intervention from the driver, they must drive.
The AV Act leans heavily on secondary legislation and guidance, and it remains to be seen whether plans are impacted by the outcome of the general election. An important pillar of this guidance is a "Statement of Safety Principles" to be prepared by the government in consultation with industry and bodies representing the interests of road users and the cause of road safety. The statement will provide a framework for assessing whether a particular AV can drive autonomously and safely. A new framework is also introduced for the granting of permits for automated passenger services including taxis and buses.
Authorisation regime
The government has recognised that the UK's current type approval scheme will need to adapt to the increased use of AVs on roads in Great Britain. The AV Act provides that the Secretary of State can impose new type approval requirements or change existing type approval requirements in respect of AVs, in order to ensure there is some much-needed flexibility in the type approval scheme.
The AV Act's authorisation regime for AVs can cover individual vehicles or extend to all vehicles of a type described in the authorisation, and a public register of authorisations will be maintained. Each authorisation will identify the self-driving features of the authorised AV and imposes on a designated "authorised self-driving entity" ongoing requirements and conditions necessary for maintaining the authorisation. Authorisations may be withdrawn, varied or suspended if any of the requirements and conditions set out in the authorisation are not met, if the authorised vehicle commits any traffic infraction, or if it no longer satisfies the self-driving test. An authorisation may also be temporarily varied or suspended if grounds for withdrawal are suspected. Any withdrawal, variation or suspension of an authorisation will be reflected on the public register.
"User-in-charge" and "no-user-in-charge"
The AV Act distinguishes between the concepts of "user-in-charge" and "no-user-in-charge" in relation to features of AVs and journeys taken while those features are engaged. An individual driver will be a user-in-charge when an AV has engaged a user-in-charge feature and that individual is in a position to exercise control of the vehicle, but is not controlling it. Provision is also made for "transition demands" made by the AV, requiring a user-in-charge to assume control of the vehicle.
A user-in-charge will, subject to some exceptions (for example, after a transition demand has been made), not be liable for offences arising from the way the AV is driven where the relevant act resulting in the offence is done by the vehicle itself. The AV Act also creates a framework for AVs to legally operate when no-user-in-charge features are engaged, as well as for the licensing of "licensed no-user-in-charge operators". Crucially, when an AV undertakes a no-user-in-charge journey, the licensed no-user-in-charge operator (typically the manufacturer), not the user, will have general responsibility for problems arising from that journey. However, strict parameters for when the user of an AV will remain responsible are introduced, including a number of criminal offences.
Information provision
A new framework for the collection and provision of information by authorised self-driving entities and licensed no-user-in-charge operators is also introduced and requires a nominated individual to be responsible for such information. This information will be shared with public authorities and with third parties such as vehicle manufacturers and insurers for assessing compliance and investigating issues. The AV Act also makes provision for this information to be shared internationally with overseas authorities. The government will be able to compel additional information provision, including interviews and in-person attendance by individuals who have carried out paid work for a regulated body.
Consequences of non-compliance
Failure to comply with the information provision obligations in the AV Act is a criminal offence. In particular, specific offences are introduced for the withholding of information or the provision of false information relevant to vehicle safety, as well as aggravated offences in circumstances where the provision of correct information would have disclosed a heightened risk of a dangerous incident involving the relevant AV and death or serious injury occurs as a result of that incident. Liability can attach to the relevant regulated bodies, as well as the nominated individual and senior managers who "consent or connive" to the failure to comply with the information provision obligations.
Wide-ranging investigative powers are also granted to the government to investigate premises and seize documents where certain information provision obligations have not been complied with, or where there is reason to believe they would not be complied with.
A new set of civil sanctions is also made available to the government where regulatory requirements or licensing obligations have not been met and where road users have suffered loss, damage, inconvenience or annoyance, where notices have not been complied with, or where a traffic infraction has been committed while the relevant authorised self-driving entity was responsible. These sanctions include compliance notices, redress notices and fines.
Monitoring and investigations
The AV Act requires the government to implement arrangements for the general monitoring of AVs, including working with the police and local authorities, with a particular view to ensuring that AVs' performance is consistent with the Statement of Safety Principles and for identifying, investigating and responding to incidents with potential regulatory consequences. Government inspectors will be appointed for identifying, improving understanding of, and reducing the risks of harm arising from the use of AVs. These inspectors will be given powers to investigate incidents involving AVs, compel the provision of information, search premises and to direct road traffic. Impeding inspectors' investigations will be a criminal offence The police are also given additional powers for the stopping, seizure and detention of AVs.
Marketing restrictions
The AV Act introduces new offences for the use of misleading advertising in relation to AVs and corporate officers of the relevant entity may be criminally liable for serious breaches. Advertisers will only be able to use specific designated terms to advertise "appropriate vehicles" or products used as equipment of AVs, meaning that only vehicles which meet the high standard of automation required by the self-driving test can be marketed as AVs. It will also be a criminal offence to use misleading promotional language that is likely to make consumers think that a vehicle that is not an authorised AV is capable of travelling autonomously, safely and legally.
Government policy
The AV Act comes at a time of increased focus for the government and industry on the opportunities presented by AVs. Transport Secretary Mark Harper previously said that the Act would help give people full confidence in the safety of AV technology and that AVs will improve road safety and access, particularly for those with disabilities. He has also said that he expects AVs to start being rolled out on UK roads in 2026 and that the adoption of the legislation represents a big economic opportunity for the UK. Putting its money where its mouth is, the government has recently provided additional funding for several AV-related projects, including self-driving mass transit and connected and automated mobility (see here and here). This coincides with a recent investment of over $1 billion in Wayve, a British company developing AI technology for AVs. It remains to be seen how this evolves after the General Election on 4 July 2024.
The AV Act has received some positive feedback from industry, including from the Association of British Insurers, although they have raised concerns around safety and cyber security, as well as the need to ensure that insurers are provided with sufficient data to be able to effectively support broader adoption of AV technology. While there may be some way to go for the widespread deployment of AV technology that meets the high safety thresholds of the AV Act and a large amount of secondary legislation and guidance still to come, the legislation clearly sets out the road ahead for industry.
