Self-driving vehicles have the potential to revolutionise transport. But are we really ready for this innovative technology? As the government introduced the new Automated Vehicles Act 2024, read on to see how Gildeas Solicitors break down the new legislation and what it means for road safety.
Westminster reported that self-driving vehicles could be on the roads by 2026, as the new Automated Vehicles (AV) Act became law in May 2024.
What is the Act?
The Act is extensive, defining automated vehicles and several regulations for their use on roads in the UK. Here’s a breakdown of some of the main points:
➤ The Act legally defines who would be liable for automated vehicles, naming this person as a “user-in-charge”. Specifically, the user-in-charge is “an individual who can exercise control of the vehicle but who is not controlling it, when the vehicle is an authorised automated vehicle with an authorised user-in-charge feature and that feature is engaged”.
➤ Fundamentally, the Act states that users-in-charge must be fully trained and sober – even when driving in fully automated modes. This ensures they can resume control when needed.
➤ The Act sets up an authorisation scheme for automated vehicles, establishes an independent incident investigation function, and ensures traffic regulation data is available for these vehicles.
➤ A key focus of the Act is road safety. The Act sets safety parameters for self-driving vehicles to be at least as “careful and competent as a human driver”. It introduces an approval system, where vehicles will be expected to undergo a technical safety assessment, including the cybersecurity of the vehicle.
➤ The Act prohibits misleading practices such as vague advertisements, and lists specific terms for marketing, for example the term “fully self-driving” which is currently used by some automated vehicle manufacturers.
Former Transport Secretary Mark Harper said:
“Britain stands at the threshold of an automotive revolution and this new law is a milestone moment for our self-driving industry, which has the potential to change the way we travel forever. While this doesn’t take away people’s ability to choose to drive themselves, our landmark legislation means self-driving vehicles can be rolled out on British roads as soon as 2026, in a real boost to both safety and our economy.”
What this means in practice
The law is still new and further legislation is expected to be announced. At the moment, practices are similar to non-automated vehicles: establishing whether or not the user-in-charge was in control of the vehicle at the time of an accident is critical in establishing liability. This is where further legislation is required. For example, information on Road Traffic Accidents where an automated vehicle has been involved should immediately be made available to insurers so that liability can be established and decisions made.
Further concerns exist in terms of how insurers treat cyberattacks on automated vehicles, and whether this would be dealt with as a claim. There is also a gap in the law in terms of uninsured self-driving vehicles.
Mixed awareness and understanding
In studies conducted by the Department for Transport, 99% of people reported being aware of automated vehicles but more than half reported that they knew nothing about them. In particular, people reported feeling unsure how automated vehicles would interact with human-driven vehicles during a ‘transition phase’, and what additional benefits they would bring over and above what could be provided by existing transport options.
Richard Cuerden, Director at the Transport Research Laboratory (TRL), said:
“The promise is more accessible, safer and greener journeys for goods and people, and at TRL we are working hard to ensure that this is delivered. The commercial success will only be possible if the public has trust in the technology and chooses to use AVs. Here, safety is key and we are working hard to develop safe engineering and system requirements, and in parallel recognising that it is as important to provide public confidence.”
What this means for you
As of now, the specifics of liability as to who is at fault between the vehicle and the user-in-charge remains difficult. We at Gildeas Solicitors will be paying close attention to the details of such cases and how the new legislation is being interpreted and applied practically. Our team will be well-informed to advise anyone involved in an accident in or with an automated vehicle.
Ultimately, while there is overall excitement among the public about the introduction of automated vehicles, more needs to be done before the technology and services are fully understood, considered safe enough to use, and are trusted by members of the public.
Established in 1989, Gildeas Solicitors is a Scottish law firm that specialises in personal injury claims, including motorcycle and cycling accidents. We make personal injury personal. We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles. Considering our services? Call our dedicated New Claims team to make the process easy for you at 0141 331 6070.