The Automated Vehicles Bill [HL] is a government bill announced in the Kings Speech (2023) and introduced in the House of Lords at the beginning of the 2023–24 parliamentary session. During Committee Stage in the House of Lords I tabled several amendments regarding accessibility, interoperability and public engagement.
The government says it will “deliver one of the world’s most comprehensive legal frameworks for self-driving vehicles, with safety at its core”. The bill will implement recommendations from the Law Commission and Scottish Law Commission regarding a legal framework for Automated Vehicles and will build on measures in the Automated and Electric Vehicles Act 2018 concerning insurance.
In essence the bill will create a regulatory framework for automated vehicles, establish criminal liability for vehicle use, address issues around policing and investigations, set conditions about the marketing of automated vehicles, set up a system for granting permits for automated passenger services and specify how existing regimes would be adapted to accommodate the measures.
If we think about the purpose of the bill as supporting technology enabled mobility, then what could be more exciting. However, as with all regulation in the digital world we will only deliver safety and growth is we legislate on sound principles and ensure we prioritize public trust.
To these ends my proposed additions to the bill are:
Interoperability:
After Clause 93, insert the following new Clause—
HL Bill 1—II (parliament.uk)
“Interoperability of software and data systems
Onboard and remote software and data systems must be interoperable between
all models of automated vehicles and public transport control and operation
centres.”
Public Engagement
After Clause 93, insert the following new Clause—
HL Bill 1—II (parliament.uk)
“Public engagement programme
(1) Within six months of the day on which this Act is passed, the Secretary of State must launch a public engagement programme setting out information about automated vehicle technologies, regulations, use and opportunities.
(2) In preparing the programme under subsection (1), the Secretary of State must consult such persons as they consider appropriate, including—
(a) automated vehicle manufacturers,
(b) automated vehicle sales companies,
(c) automated vehicle lease companies, and
(d) relevant trade associations.”
Accessibility
After Clause 11, insert the following new Clause—
HL Bill 1—II (parliament.uk)
“Statement of accessibility principles
(1) The Secretary of State must prepare a statement of the principles that they propose to apply in assessing, for the purposes of this Part, whether an automated vehicle meets the required level of accessibility.
(2) The principles must make provision for the accessibility of—
(a) physical features and structures of the automated vehicle,
(b) computer and software systems used in the automated vehicle, and
(c) where relevant, booking platforms and other interactive digital services
and systems used prior to, during and after using an automated vehicle,
including through underpinning such services and systems with
mechanisms to allow human intervention if required.
(3) In preparing the statement under subsection (1), the Secretary of State must consult such persons they consider appropriate, in particular disabled people.
(4) The statement under subsection (1) should include consideration of the accessibility of infrastructure with which automated vehicles must interact, such as pavements, kerbs, drop off and parking points.”
In Britain in 1865, the legislative response to the increasing introduction of self-propelled vehicles on our roads was the Locomotive Act. It is sometimes known as the Red Flag Act due to the inclusion of a requirement that self-propelled vehicles had to be proceeded with a man walking 60 yards ahead carrying a red flag to warn other road users of the vehicles approach.
Reading about that legislation today it is noteworthy that although we are legislating for very different “mechanically propelled vehicles” there is much that is familiar, concerns about safety, damage to infrastructure and disruption to existing markets. The speed of change is faster, I believe the potential for good is greater, but our approach must, as ever, focus on ensuring safety whilst grasping the opportunity. Many important road concepts such as vehicle registration, speed limits and maximum vehicle weights on bridges were set down in early Locomotives legislation. With my amendments to this Bill we have the opportunity to embed the concepts of interoperability and accessibility to our AV market as well as building public trust in this new world. The potential for improved mobility, safer roads, cleaner air – are all to be celebrated but safety, public perception and the right regulation are all essential.