08 Mar 2022

Event round-up: Next steps for automated vehicles in Great Britain

On 3 March, techUK members were joined by representatives for the Law Commission, Society of Motor Manufacturers and Traders (SMMT) and the Centre for Connected and Automated Vehicles (CCAV) to discuss future of automated vehicles (AVs) in the UK.

A new legal framework

Jessica Uguccioni and Matt Timm from the Law Commission outlined the key recommendations for legal reform for AVs, laid before Parliament in January, following four years of work, three consultations and 400 written responses.     

Under their proposed system, vehicle manufacturers or software developers for AVs would become known as Authorised Self-Driving Entities (ASDEs) who must seek approval (either through domestic or international routes) for AVs they wish to put on the road.

An ASDE will need to show that a vehicle can drive “safely and legally”, even if an individual is not monitoring the driving environment, the vehicle or the way that it drives.

When the Law Commission consulted with industry, it was agreed that self-driving vehicles should be safer than conventional human driving but there remains disagreement over how much. Ultimately, the level of safety demanded of AVs comes down to a political choice which is why the Law Commission has recommended that the Secretary of State publishes a safety charter which includes a measurable standard compared with human driving for ASDEs to use when they are seeking vehicle authorisation.    

The effect of authorisation is that people in the driving seat when self-driving is engaged are no longer ‘drivers’ but become ‘users-in-charge’, giving them an immunity from dynamic driving offenses. For example, dangerous driving which carries a sentence of life imprisonment no longer becomes something the user-in-charge is liable for.

The corresponding effect for the entity responsible for how the system drives is that they become accountable for collisions and offenses, but critically, the measures taken would not be the same as they would be for a human driver. In other words, they are not made criminally accountable for a driving infraction but would be subject to a system of regulatory sanctions which are based on safety, understanding what went wrong and taking steps to prevent further incidents being repeated.

Overall, a non-blame culture is critical. There is a lot more to consider as we take steps to bring AVs on our roads, for which an open, discursive and flexible regime will be absolutely necessary.

Clear marketing is key

Members heard from Melanie Wiseman, Senior Legal Counsel at the Society of Motor Manufacturers and Traders (SMMT), on the work that has been undertaken to ensure the marketing of self-driving vehicles and features does not in anyway confuse or attempt to mislead the public.

The ramifications of misleading marketing are potentially fatal which is why the Law Commission has proposed it is made a criminal offence for a company to incorrectly or falsely market AVs.

The view from Government

Jamie Hodsdon, Head of Future AV Regulation at the Centre for Connected and Autonomous Vehicles (CCAV), outlined that the Government is committed to legislating for AVs; something that was outlined in the recent Benefits of Brexit White Paper.

However, this will not be a quick process. CCAV is currently developing its formal response to the Law Commission’s report which is due to be published by Summer 2022.

Any change in the law would require primary legislation which means obtaining parliamentary time, followed by consultation around secondary legislation. The conclusion is that we are still some years off seeing this regime made a reality for the UK but there was a hopeful mention that we could see some form of AVs on our roads by 2025.

There is still much to be worked through and further debates to be had for some years to come. techUK looks forward to continuing to engage constructively on this issue for our members to make automation on our roads a reality.

Ashley Feldman

Ashley Feldman

Programme Manager, Transport and Smart Cities , techUK

Ashley Feldman is the programme manager for transport and smart cities, at techUK. 

Ashley joined techUK in 2022 having worked in the public policy and communications industry for four years. He specialised in advising businesses in the infrastructure, built environment and transport sectors on a wide range of issues including stakeholder engagement and corporate reputation management. 

Ashley obtained a masters degree in Urbanisation and Development studies at the London School of Economics. 

Email:
[email protected]
Phone:
020 7331 2038
LinkedIn:
https://www.linkedin.com/in/ashley-feldman-98159587/

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