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Client Alert: Government gives driverless cars the green light

12/02/2015

On 11th February 2015, the Department for Transport (DfT) released their response to the summer 2014 Green Paper on the future of driverless cars in the UK. In an upbeat action plan entitled “The Pathway to Driverless Cars” the Government set out their vision and next steps to move to more autonomous vehicles.

The Green Paper consultation process has confirmed that our legal and regulatory framework is not a barrier to the testing of automated vehicles on public roads. Claire Perry MP, Parliamentary Under Secretary, asserts that driverless vehicle technology has the potential to be a real “game changer” on the UK’s roads, altering the face of motoring in the most fundamental of ways and delivering major benefits for road safety, social inclusion, emissions and congestion. With an estimated 94% of all road accidents caused by human error, the benefits of automated vehicles are not lost on the Government on many financial and social levels.

It is important however, to understand what the Government mean when they use the term “driverless car”. They concede that truly driverless or “fully autonomous” vehicles where a driver does not need to be present are some years away – probably at some point in the 2020s. What the paper focuses on is “high automation” where a driver is required to be present in a vehicle fitted with a full set of controls but where the vehicle is capable of driving itself in certain driving conditions and environments.

The Government has funded four pilots to test highly autonomous vehicles – these will take place in Bristol, Coventry, Milton Keynes and Greenwich in London. These pilots are expected to commence in the summer of 2015. The vehicles involved in the pilots will have a suitably qualified test driver who will be ready to take control of the car if necessary. Before those pilots can commence however, the Government will publish a “Code of Practice” in the spring of 2015 for those conducting the tests on UK roads.

The primary action arising from the Green Paper response is for the Government, working with the relevant devolved administrations, to publish this Code of Practice which will promote safety and set clear guidance to be followed in responsible testing. The Code will be developed in collaboration with key stakeholders. The Government will then subsequently act to review and amend domestic regulations by the summer of 2017 to accommodate driverless technology across the UK.

Of importance to insurers, the Government have specifically flagged one key area where further work is required to prepare for fully autonomous vehicles of the future. That is in regard to “clarification of liabilities”. The Government confirm that there needs to be greater certainty around both criminal and civil liability in the event of an automated vehicle being in a collision. Under the current legal framework these issues would be dealt with on a case by case basis by the courts. The Government will aim to provide additional clarity and certainty in legislation, to provide a sound basis upon which to allocate criminal and civil liability.

Keoghs View

There is no question that the Government is firmly behind this emerging technology. They say that “driverless cars can legally be tested on public roads in the UK today. The UK is uniquely positioned to become a premium global location for the development of these technologies”. They see many social, financial and environmental benefits allied to the extension of social inclusion as people’s mobility is increased.

The Code of Practice is to be published in the spring with the four pilots to follow in the summer. Whilst we are still years away from full automation with no driver, the pilots will allow high automation to be tested which if successful will undoubtedly then act as a stepping stone to further technology being tested and then deployed.

Insurers will doubtless agree that clear guidance will be required as to future criminal and civil liabilities. Whilst we consider that the current practice and law will apply to highly autonomous vehicles, there is an undoubted potential change of approach when one talks about full automation. There is also the question of the future nature of insurance coverage and whether truly driverless cars will dislocate the current model of car ownership. Cultural issues also need to be fully considered – many enjoy the pleasure of driving and may be reluctant to hand over control to an autonomous vehicle. Finally, there is the concern around cyber-attacks and the potential to hack a driverless car whilst in operation.

We are engaging with the DfT directly on this issue and will continue to do so. It will be a fascinating journey and we will continue to keep clients informed as the pilots develop.

Author

Steve Thomas

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