Reforming national legal frameworks for the deployment of automated vehicles. A UK perspective. Tamara Goriely and Jessica Uguccioni Automated Vehicles Team Law Commission of England and Wales
The Law Commission of England and Wales ▪ Independent statutory body established by Act of Parliament in 1965 ▪ Purpose: to promote reform, simplification and modernisation
The Law Commissions’ Automated Vehicles Project ▪ Scope ▪ Joint project with the Scottish Law Commission ▪ Key initial areas of focus: ▪ Safety assurance ▪ Civil and criminal responsibility
Some difficult questions… Who is responsible?
A key regulatory boundary Driver Assistance vs Self-driving SAE Level 3?
Who is criminally responsible… … when speeding? Road Traffic Regulation Act 1984, section 89(1): A person who drives a motor vehicle on a road at a speed exceeding a limit imposed … shall be guilty of an offence.
Who is criminally responsible… … if the vehicle is not roadworthy? Road Traffic Act 1988, section 40(A): A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when the condition… is such that the use of the motor vehicle involves a danger of injury to any person.
Criminal liability… … relating to the way the vehicle was driven • A safe-harbour for users? • The need to investigate • A shift away from criminal law to regulatory sanctions? • Causing death offences
Criminal liability… … if the offence does not arise out of the way the vehicle was driven… eg: - Insurance - Roadworthiness - Duties after an accident Possible responsibility: registered keepers, licensed operators…
“ Machine factors” A digital highway code? Rules vs Standards Some difficult scenarios ▪ Edging through pedestrians? ▪ Should AVs ever mount the curb? ▪ Avoiding animals Illustration by Paul Blow for POLITICO
Q&A automatedvehicles@lawcommission.gov.uk
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