The United Kingdom’s highly touted regulations for autonomous vehicles have officially become law with the signing of the Automated Vehicles (AV) Act. This act received royal assent, the concluding step required for legislation to be formally enacted.
The U.K. government anticipates that fully autonomous vehicles could be navigating the nation’s roads within the next two years.
“This landmark legislation not only preserves individuals’ choice to drive but also allows for the deployment of self-driving vehicles on U.K. roads as early as 2026. This is expected to significantly enhance both safety and economic growth,” stated Transport Secretary Mark Harper.
This announcement follows closely on the heels of U.K.-based company Wayve securing over $1 billion from major investors like SoftBank, Nvidia, and Microsoft, intended for the advancement of a self-learning software for autonomous vehicles.
Similar to other global trends, the U.K. has allowed driverless cars on public roads for several years under strict regulatory conditions for testing novel technologies. However, as the autonomous vehicle sector matured and headed towards broader deployment, the necessity for an updated legal framework became evident.
Although initial groundwork for these regulations began years earlier, the AV Act was formally proposed in a 2022 joint report by the Law Commissions of England, Wales, and Scotland. This report underscored that the advent of autonomous vehicles necessitates the creation of a “new vocabulary, new legal actors, and new regulatory schemes.” It articulated that:
“The implementation of automated vehicles will have significant legal ramifications… It necessitates new regulatory frameworks and the introduction of new actors with distinct responsibilities and liabilities. Thus, we recommend primary legislation — a new Automated Vehicles Act — to oversee the regulation of automated vehicles on roads and public spaces throughout Great Britain.”
Automated Vehicles: joint report of the Law Commission of England and Wales and the Scottish Law Commission.
Liability in case of a self-driving car accident
The United Kingdom is actively striving to lead the autonomous vehicle (AV) industry, allocating funds to numerous AV initiatives and research programs centered on safety. The government has highlighted the potential safety advantages of autonomous vehicles, particularly their ability to eliminate human error from driving. However, it acknowledges that accidents will still occur, as evidenced by experiences in the United States, where self-driving cars are more prevalent. Notably, California has become a focal point for proposed AV regulations.
A crucial aspect of the U.K.’s upcoming AV regulations is the determination of liability in the event of an accident. In 2022, the U.K. clarified this issue by publishing a roadmap that stipulated corporations would be held accountable for any incidents, effectively absolving human drivers of responsibility when the vehicle is in autonomous mode.
For each approved self-driving vehicle, there will be an associated “Authorised Self-Driving Entity.” This entity is typically the manufacturer but could also be the software developer or insurance company. This entity will be responsible for the vehicle when it is operating in self-driving mode.
The government plans to establish a vehicle approval system supported by a “completely independent incident investigation function.” Entities approved under these new regulations will be required to adhere to “ongoing obligations” to ensure the ongoing safety of their vehicles.
