<-- Back to proposed bills

Automated Vehicles Bill [Lords] - Sitting 2

19 March 2024

Proposing MP
Knowsley
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses proposed amendments to the Automated Vehicles Bill to address concerns about the Secretary of State's power to amend devolved legislation in relation to automated vehicles. The statement discusses clause 50 of the Automated Vehicles Bill and its implications for the division of responsibility between self-driving technology and human users, as well as its potential impact on devolved legislative authority. The statement addresses the role of inspectors in assessing the accessibility of automated vehicles to improve understanding and reduce risks for disabled users. The statement discusses the role and responsibilities of statutory inspectors for incidents involving automated vehicles, emphasizing that their purpose is to investigate safety issues rather than assign blame or liability. The statement addresses the Automated Vehicles Bill's Clause 82, specifically discussing the requirements for automated vehicles to meet accessibility standards before being granted permits. The statement discusses a new clause proposing regulations for automated passenger services to provide accessible information to disabled passengers. The statement discusses amendments to the Automated Vehicles Bill to extend powers related to digitisation of traffic regulation orders to Wales. George Howarth is proposing the establishment of an Advisory Council within six months of the passing of the Automated Vehicles Bill. MP Gavin Newlands is advocating for new clauses that aim to establish an advisory council for automated vehicles, ensuring representation from devolved Administrations and various stakeholders. The statement discusses the establishment of an advisory council to provide guidance on the Automated Vehicles Bill and ensure broad consultation with various stakeholders. The statement discusses the extensive consultations and engagement processes regarding the Automated Vehicles Bill. Bill Esterson is discussing a new clause in the Automated Vehicles Bill regarding the liability of insurers when an accident involves an automated vehicle. The statement discusses the liability and insurance claims process for accidents involving automated vehicles under the Automated and Electric Vehicles Act 2018. The statement concludes the Committee stage of the Automated Vehicles Bill and expresses gratitude to those involved.

Action Requested

The MP requests that the Minister addresses the concerns raised and commits to meeting with the Cabinet Secretary for Transport at Holyrood. He also proposes amendments to remove or limit the Secretary of State’s power to unilaterally amend Scottish primary legislation, require consent from devolved Governments before exercising certain powers, and extend similar powers to Ministers of the devolved Administrations.

Key Facts

  • Amendment 9 would ensure that 'relevant enactment' cannot apply to Acts or instruments made under Act of the Scottish Parliament or Senedd Cymru.
  • Amendments 7 and 8 would require consent from devolved Governments before exercising Clause 50 power in relation to devolved legislation, and extend this power to Ministers of devolved Administrations respectively.
  • The UK Government's delegated powers memorandum states that the affirmative procedure will ensure scrutiny by Parliament and devolved bodies.
  • Clause 50 allows adjustments based on real-world experiences from self-driving technology deployments.
  • The clause is limited to user-in-charge responsibilities and does not alter general traffic legislation.
  • The Scottish Law Commission and the Law Commission of England and Wales recommended consistent rules for user-in-charge immunity across Great Britain.
  • Disabled people currently take 38% fewer journeys than non-disabled people.
  • The amendment would add a specific obligation for inspectors to assess the accessibility of automated vehicles when investigating incidents.
  • Clause 62 allows inspectors discretion to investigate incidents not specified in regulations made by the Secretary of State.
  • Clause 60 introduces the concept of investigation by statutory inspectors for incidents involving authorised automated vehicles.
  • Clause 61 defines the role of inspectors as identifying, understanding, and reducing risks of harm from self-driving vehicle use in Great Britain.
  • Inspectors will conduct safety investigations similar to those in air and maritime sectors but do not assign blame or liability.
  • Clause 82 of the Automated Vehicles Bill is being discussed.
  • Existing permit systems allow mandates for accessible information provision.
  • An advisory council involving disabled and accessibility groups is committed to being established.
  • New clause 2 aims to bring AVs used as public transport into line with section 17 of the Bus Services Act 2017.
  • The requirement for consultations includes Welsh and Scottish Ministers to increase transparency of regulations.
  • There is a current 38% accessibility transport gap for disabled people in the UK.
  • Amendments extend powers in clause 93 to Welsh Ministers.
  • Clause 93 allows the Secretary of State to digitise traffic regulation orders for an area in England.
  • Consultation with Welsh Government confirmed their desire for similar powers.
  • The Advisory Council must be established within six months of passing the Act.
  • Representatives include consumer groups, driver organizations, road safety experts, relevant businesses, trade unions, police, highway authorities, disability groups, and pedestrian/cyclist representatives.
  • Reports to Parliament on advice provided and related matters are required.
  • The new clauses aim to maintain a broad principle by including various organisations in the advisory council.
  • New clause 1 includes references to devolved institutions, while new clause 3 does not.
  • Automated vehicles could transform industries such as logistics, haulage, personal transport, and public transport.
  • New clause 3 calls for the establishment of an advisory council.
  • Nine sub-groups are listed to be included in consultations: consumer groups, drivers' organizations, road safety experts, businesses, insurance providers, trade unions, police, highway authorities, disability groups, and other road users.
  • The Society of Motor Manufacturers and Traders estimates that the creation of 342,000 jobs could result from this legislation.
  • The Centre for Connected and Autonomous Vehicles has an expert advisory panel.
  • There is a commitment to consult road users, road safety groups, and industry on the statement of safety principles.
  • A statutory consultation body, the Disabled Persons Transport Advisory Committee, will be involved in accessibility consultations.
  • New clause 5 addresses the need for people to prove an automated vehicle was “driving itself” before making a legal claim under section 2 of the Automated and Electric Vehicles Act 2018.
  • The Association of Personal Injury Lawyers has raised concerns about circumstances where victims may be unaware or unable to prove that an automated feature was engaged when the incident occurred.
  • Lord Liddle in the Lords pointed out that the Department does not have a clear stance on how long it takes for a driver to take back control in an UIC vehicle.
  • The Automated and Electric Vehicles Act 2018 established strict liability for accidents involving self-driving mode.
  • Victims claim insurance normally without needing to prove the vehicle was in self-driving mode.
  • Insurers determine if the vehicle was in self-driving mode or not.
  • Negotiations are ongoing with the Motor Insurers' Bureau regarding uninsured drivers and automated vehicles.
  • The Automated Vehicles Bill has completed its Committee stage.
  • George Howarth briefly served as Chair during this session.
  • Various organisations including Cycling UK, Shoosmiths LLP, Starship Technologies, Waymo, and techUK were mentioned.
Assessment & feedback
Summary accuracy