The Law Commission of England and Wales, and the Scottish Law Commission, launched a three year project in 2018, including three consultations seeking views on a new regulatory framework for automated vehicles.
BLM’s Motor Practice Group responded at each stage of the project, with a view to shaping the outcome of the following consultations:
- A three month consultation on safety assurance and legal liability – November 2018
- A consultation on highly automated road passenger services – October 2020
- A third consultation, drawing on responses to previous papers to propose the way forward for automated vehicles – December 2020
Our Motor Practice Group’s response to the third and final consultation has now been submitted. Within the response, we address a number of key themes: self-driving and human intervention, safety, approvals and categorisation, traffic infractions and collisions including compensation for victims of accidents caused by uninsured automated vehicles, and remote operation.
It is our view that in order to mitigate the risk of accidents, and to be properly classified as self-driving, we consider that the vehicle must be capable of achieving a minimal risk condition without any intervention by the user in charge. Therefore, vehicles must be capable of reaching a safe, stationary position if there is failure of an automated driving system, which the individual not is monitoring, because they are not required by law to do so.
For further information about our response(s), and to discuss the future of automated vehicles, including the impact on the motor insurance claims landscape, please contact Head of Motor, Kerris Dale.