Law Commissions reveal legal framework plans for self-driving cars

18/12/2020 | DOMINIC BROWNE

The Law Commissions of England and Wales and Scotland have announced proposals for a comprehensive new legal framework to ensure the safety of self-driving vehicles.

Among other legal innovations, a new concept of the user-in-charge would be created to describe a former driver once the vehicle is driving itself. A user-in-charge would not be criminally liable if a crash occurred while in self-driving mode.

The plans include:

  • Implementing a new, start-to-finish self-driving vehicle safety assurance scheme, including monitoring performance and software updates throughout the vehicle’s life
  • Clearly defining the responsibility of drivers, users and fleet owners according to the capabilities of self-driving technologies to help ensure vehicles are used as intended
  • Ensuring that manufacturers and technology developers recognise their role in guaranteeing the safety of the vehicle, while freeing the driver from responsibility when self-driving mode is engaged.

On the issue of vehicle safety, a two-track system would give manufacturers the choice of type approval for the vehicle under an international framework or a new national scheme.

This would be followed by a categorisation decision to establish whether the vehicle is self-driving for British purposes, and how it can lawfully be used on this country's roads.

The legal framework would create distinctive rules for two types of automated vehicle: Category-1 AVs that might require human driving for part of a journey and Category-2 AVs that can complete a whole journey unaided and without a user in the vehicle.

'Category-1 AVs might only drive themselves on the motorway and need a human to complete the rest of the trip. The human would be a driver while off the motorway but would be a user-in-charge while the vehicle was driving itself. Users-in-charge are not responsible for the driving but continue to have responsibilities such as insuring the vehicle, duties after an accident and ensuring children wear seat belts.

'Category-2 AVs may be entirely remotely operated as part of a licensed fleet with a user classified as a passenger. The vehicle fleets will need to be looked after by a licensed operator who will also have specific responsibilities, for example supervising their fleets and providing prompt support if they get stuck as well as maintenance for example.'

The framework would be 'underpinned by robust incident investigation and enforced through a flexible range of regulatory powers and sanctions.' the Law Commissions said.

The Law Commissions recommend a shift away from the criminal enforcement of traffic rules towards a new 'no-blame safety culture' borrowed from the aviation sector, including a new range of regulatory sanctions.

However the commissions are seeking views on the possibility of new corporate offences where wrongs by a developer resulted in death or serious injury.

Transport minister Rachel Maclean said: 'Self-driving vehicles can contribute to improving and levelling up transport across the country, making everyday journeys greener, safer, more flexible and more reliable.

'The UK is leading the way on the regulation of this technology, supporting innovation and putting safety at the heart of everything we do – ensuring self-driving vehicles are safe, secure and ultimately benefit all of society.'

The proposals were published as the third and final consultation from the Law Commissions after they were tasked by the UK Government's Centre for Connected and Autonomous Vehicles (CCAV) to undertake a far-reaching review of the legal framework for automated vehicles.

Nicholas Paines QC, Public Law Commissioner, said: 'It’s vital that the public have confidence in this technology.

'Our proposed legal framework will ensure that this technology can be safely deployed, whilst the flexibility built into the rules and regulations will allow us to keep up with advances in the technology.'

David Bartos, Scottish Law Commissioner, said: 'The responses to our consultation, from a wide range of stakeholders will help us to create a legal framework that achieves these aims.'

The closing date to respond to the consultation is 18 March 2021.

A final report is due in the final quarter of 2021.

Highways InProfile

latest magazine issue
Highways jobs

Director of Transport

£112,924
East Midlands Combined County Authority (EMCCA) is on a bold journey. East Midlands Region
Recruiter: East Midlands Combined County Authority

Ferry Host - WMF3049i

£25,584 - £25,992
Ferry Host - WMF3049i Windermere, Cumbria
Recruiter: Westmorland and Furness Council

Director of Streetscene

£94,972 - £108,767
We continue to have big ambitions for our borough Fareham, Hampshire
Recruiter: Fareham Borough Council

Principal Engineer - Urban Traffic Control (UTC)

£44,711 - £49,764
Liverpool is home to vibrant, energetic and engaged communities. Liverpool, Merseyside
Recruiter: Liverpool City Council

Roadworker/Driver

Grade 6 £25,183 - £25,638 per annum (Pay Award Pending)
We’re looking for Roadworker/trainee LGV drivers to be part of our team Derbyshire
Recruiter: Derbyshire County Council

Project Chargehand (2 Posts)

Grade 9 £31,344 - £33,253 per annum (Pay Award Pending)
We’re looking for experienced Project Chargehands to be part of the Highways Construction Services team Derbyshire
Recruiter: Derbyshire County Council

Lawyer 2- Planning and Highways

£49,764 - £54,181
We are looking for a fresh thinking and enthusiastic Planning and Highways Lawyer Hereford, Herefordshire
Recruiter: Herefordshire Council

Development Engineer

£35,967 - £41,268 per annum
Are you ready to play a key role in shaping and safeguarding the future of our highways and public spaces? Bexley (City/Town), London (Greater)
Recruiter: London Borough of Bexley

Professional Services Partnering Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We are seeking a dynamic and experienced Professional Services Partnering Manager to lead the strategic management Darley Dale, Matlock
Recruiter: Derbyshire County Council

Technical Supervision Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We are looking for an experienced and driven Technical Supervision Manager to lead our technical supervision teams within the Highways Service. Derbyshire
Recruiter: Derbyshire County Council

Street Lighting Electrician (CDC)

Grade 8, £32,662 - £36,239 (pay award pending)
Highways Operations is a growing service area within the Place directorate. Doncaster, South Yorkshire
Recruiter: City Of Doncaster Council

Highways Assistant Engineer WMF2133e

£39,513 to £40,476
We have an exciting opportunity for the right person to work within the challenging and ever-changing landscape. Penrith, Cumbria
Recruiter: Westmorland and Furness Council

Highways Inspector/NRSWA

£36,345 - £40,344
We are looking for an organised and self-motivated individual to join our Streetworks Team based in Hackney Central. Hackney, London (Greater)
Recruiter: London Borough of Hackney Council

Structures Commissioner

Grade 14 £53,166 - £59,080 per annum (Pay Award Pending)
We are seeking an experienced and strategic leader to join our team as the Structures Commissioner. Derbyshire
Recruiter: Derbyshire County Council

Team Leader Network Co-ordination

£51,429 - £58,140
As Team Leader for Network Coordination, you’ll manage a team that oversees all works and events on our public highways. Kensington and Chelsea, London (Greater)
Recruiter: The Royal Borough of Kensington & Chelsea Council

PRINCIPAL TRANSPORT PLANNING OFFICER

£43693 - £46731
We have an exciting opportunity for an experienced professional to join our team in Hull as a Principal Transport Planning Officer. Kingston upon Hull, East Riding of Yorkshire
Recruiter: Hull City Council

HIGHWAYS AND TRAFFIC ENGINEER - 4 POSTS

£43693 - £46731
We have several exciting opportunities for suitably qualified Highways Civil Engineers and Traffic Engineers Wilson Centre, 1st floor, Hull HU1 2AG
Recruiter: Hull City Council

Principal Transport Planner

£45,718 to £49,764
Do you have considerable experience in the transport strategy and policy, and are you looking for your next career development opportunity? Sheffield, South Yorkshire
Recruiter: Sheffield City Council

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW