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Automated Vehicles: Consultation Paper 3 - a Regulatory Framework for Automated Vehicles

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Automated Vehicles: Consultation Paper 3 - a Regulatory Framework for Automated Vehicles Automated Vehicles: Consultation Paper 3 - A regulatory framework for automated vehicles A joint consultation paper Law Commission Scottish Law Commission Consultation Paper 252 Discussion Paper 171 Law Commission Consultation Paper No 252 Scottish Law Commission Discussion Paper No 171 Automated Vehicles: Consultation Paper 3 – A regulatory framework for automated vehicles A joint consultation paper 18 December 2020 © Crown copyright 2020 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.lawcom.gov.uk/project/automated-vehicles/ and at https://www.scotlawcom.gov.uk/publications. THE LAW COMMISSIONS – HOW WE CONSULT Topic of this consultation: In 2018, the Centre for Connected and Automated Vehicles (CCAV) asked the Law Commission of England and Wales and the Scottish Law Commission to examine options for regulating automated road vehicles. This is the third paper in that review. We make provisional proposals for a new regulatory system, examining the definition of “self-driving”; safety assurance before AVs are deployed on the road; and how to assure safety on an ongoing basis. We also consider user and fleet operator responsibilities, civil liability, criminal liability and access to data. Duration of the consultation: We invite responses from 18 December 2020 to 18 March 2021. Comments may be sent: Using an online form at: https://consult.justice.gov.uk/law-commission/automated-vehicles-regulatory-framework We have also produced a questionnaire in word format available on request. We are happy to accept comments in other formats. Please send your response: By email to [email protected] OR By post to Automated Vehicles Team, Law Commission, 1st Floor, Tower, 52 Queen Anne’s Gate, London, SW1H 9AG. If you send your comments by post, it would be helpful if, whenever possible, you could also send them by email. Availability of materials: The consultation paper is available on our websites at https://www.lawcom.gov.uk/project/automated-vehicles/ and https://www.scotlawcom.gov.uk/law-reform/law-reform-projects/joint-projects/automated- vehicles/ We are committed to providing accessible publications. If you require this consultation paper to be made available in a different format please email [email protected] or call 020 3334 0200. After the consultation: The responses to this consultation will inform the next stages of this project. We aim to produce a final report with recommendations by the end of 2021. Geographical scope: This consultation paper applies to the laws of England, Wales and Scotland. Consultation Principles: The Law Commission follows the Consultation Principles set out by the Cabinet Office. The Principles are available on the Cabinet Office website at: https://www.gov.uk/government/publications/consultation-principles-guidance. i Information provided to the Law Commissions: We aim to be transparent in our decision- making, and to explain the basis on which we have reached conclusions. This means that we may publish or disclose information you provide, including personal information. For example, we may publish an extract of your response in the Law Commissions’ publications, or publish the response itself. Additionally, we may be required to disclose the information in accordance with the Freedom of Information Act 2000 or the Freedom of Information (Scotland) Act 2002. We will process your personal data in accordance with the General Data Protection Regulation. If you consider that it is necessary for all or some of the information that you provide to be treated as confidential, and so neither published nor disclosed, please contact us before sending it. Please limit the confidential material to the minimum, clearly identify it and explain why you want it to be confidential. We cannot guarantee that confidentiality can be maintained in all circumstances and an automatic disclaimer generated by your IT system will not be regarded as binding on the Law Commissions. Alternatively, you may want your response to be anonymous. That means that we may refer to what you say in your response but will not reveal that the information came from you. If so, please make this clear. We list those who responded to our consultations in our reports. If you provide a confidential response your name will appear in that list. If your response is anonymous, we will not include your name in the list unless you have given us permission to do so. Further information about how we handle data is available at https://www.lawcom.gov.uk/document/handling-data/ and https://www.scotlawcom.gov.uk/about-us/freedom-information/. Any queries about the contents of this Privacy Notice can be directed to: [email protected] and [email protected]. About the Law Commissions: The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Hon Mr Justice Green, Chair, Professor Sarah Green, Professor Nicholas Hopkins, Professor Penney Lewis and Nicholas Paines QC. The Chief Executive is Phillip Golding. The Scottish Law Commissioners are: The Rt Hon Lady Paton, Chair, David Bartos, Professor Gillian Black, Kate Dowdalls QC and Professor Frankie McCarthy. The Chief Executive is Malcolm McMillan. ii List of Abbreviations ABI: The Association of British Insurers. ADS: Automated Driving System. ADAS: Advanced Driver Assistance System. ADSE: Automated Driving System Entity. AEV Act: Automated and Electric Vehicles Act 2018. ALARP: as low as reasonably practicable. ALKS: Automated Lane Keeping System. AV: automated vehicle. BSI: British Standards Institution. CAV: Connected and Autonomous Vehicle. CCAV: Centre for Connected and Autonomous Vehicles. CP1: Consultation Paper 1. CP2: Consultation Paper 2. DfT: Department for Transport. DDT: Dynamic Driving Task. DSSAD: Data Storage Systems for Automated Driving. DVSA: Driver and Vehicle Standards Agency. EDR: Event Data Recorder. GDPR: General Data Protection Regulation 2016/679. GPSR: General Product Safety Regulations 2005 SI 2005/1803. HARPS: Highly Automated Road Passenger Service. IEEE: Institute of Electrical and Electronics Engineers. ISO: International Organization for Standardisation. MSU: Market Surveillance Unit. iii NUIC: No user-in-charge vehicle. NSSTA: National Small Series Type Approval. ODD: Operational Design Domain. OECD: Organisation for Economic Co-operation and Development. OEM: Original Equipment Manufacturer. PHV: Private Hire Vehicle. PSV: Public Service Vehicle. SAE: Society of Automotive Engineers. SMMT: Society of Motor Manufacturers and Traders. StVG: Strassenverkehrsgesetz (the German Road Traffic Act). TfL: Transport for London. TRO: Traffic Regulation Order. UNECE: United Nations Economic Commission for Europe. VCA: Vehicle Certification Agency. WVTA: Whole Vehicle Type-Approval. iv Glossary ABI/Thatcham Report: Association of British Insurers (ABI) and Thatcham Research, Defining Safe Automated Driving. Insurer Requirements for Highway Automation (September 2019). Advanced Driver Assistance System: Vehicle-based electronic systems which provide driver assistance. Automated driving system: A term used in the SAE Taxonomy to describe a vehicle system that uses both hardware and software to perform the dynamic driving task on a sustained basis. Sometimes abbreviated to ADS. Automated driving system entity: The entity that puts the ADS forward for legal categorisation as self-driving and is legally responsible for how the ADS performs dynamic control. The automated driving system entity must have been closely involved in assessing the safety of the ADS and have sufficient funds (e.g. to organise a recall). This may be the vehicle manufacturer or software designer or a joint venture between the two. We discuss the ADSE role and its associated obligations in Chapter 8. Sometimes abbreviated as ADSE. Automated Lane Keeping System (ALKS): a system which steers and controls vehicle speed in lane for extended periods on motorways. ALKS Regulation: UN Regulation 157 on uniform provisions concerning the approval of vehicles with regard to Automated Lane Keeping Systems ECE/TRANS/WP.29/2020/81 (25 June 2020). Allianz study: MA Kreutner and others, Needs and Requirements of EDR for Automated Vehicles – Analysis based on Insurance Claims Reported to Allianz Germany. Automated vehicles: a general term used to describe vehicles containing an automated driving system which is able to perform the dynamic driving task. Call for Evidence: Centre for Connected and Autonomous Vehicles, Safe Use of Automated Driving Systems Call for Evidence (August 2020). Conditional automation: A term used in the SAE Taxonomy to describe an automated driving system which can perform the entire dynamic driving task but with the expectation that a user will be receptive and respond appropriately to requests to intervene and certain failures affecting the vehicle: SAE Level 3. Connectivity: Connectivity in the context of connected cars refers to cars with a wireless connection that allows them to communicate with their internal and external environments, including with a remote supervisor and with other cars in a
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