Automated Vehicles Act 2024

• “authorised self-driving entity” means a person for the time being designated under authorisation requirements of the sort described in section 6(1);

• “authorised user-in-charge feature” means an authorised automation feature whose mode of operation is specified in the automated vehicle authorisation as user-in-charge;

• “automated vehicle authorisation” means an authorisation under section 3;

• “control” and related expressions are to be read in accordance with section 1(6);

• “equipment” of a vehicle includes software, and any electronic equipment outside the vehicle, that interacts with equipment in the vehicle;

• “feature” has the meaning given by section 1(4);

• “initial authorisation requirement” means an authorisation requirement of the sort described in section 5(1)(a);

• “the investigative purposes” has the meaning given by section 16(1);

• “licensed no-user-in-charge operator” means a person for the time being licensed under operator licensing regulations;

• “no-user-in-charge journey” has the meaning given by section 12(2);

• “ongoing authorisation requirement” means an authorisation requirement of the sort described in section 5(1)(b);

• “operator licensing regulations” means regulations under section 12;

• “overseen”, in relation to a no-user-in-charge journey, is to be read in accordance with section 12(3);

• “premises” includes any land;

• “regulated body” means an authorised self-driving entity or a licensed no-user-in-charge operator;

• “regulatory requirement” means an authorisation requirement or a requirement under operator licensing regulations;

• “safely” is to be read in accordance with section 1(7);

• “the statement of safety principles” means the statement that has effect for the time being under section 2;

• “transition demand” and “transition period” are to be read in accordance with section 7(2);

• “travels autonomously” and related expressions are to be read in accordance with section 1(5);

• “user-in-charge” has the same meaning as in Part 2 (see section 46);

• “vary” and related expressions are to be read, in relation to an automated vehicle authorisation, in accordance with section 9(1).

• (2) For the purposes of this Part, a vehicle “commits a traffic infraction” if, while an authorised automation feature of the vehicle is engaged, the vehicle does anything that would, were an individual in control of it—

• (a) amount to the commission of an offence by that individual, or

• (b) cause a person to become liable to a penalty charge under an enactment relating to road traffic.

• (3) For the purposes of subsection (2)(a), it is to be assumed that nothing can be proved about the mental state of the notional individual.

• (4) For the purposes of this Part, a regulated body is “responsible” for an authorised automated vehicle—

• (a) in the case of an authorised self-driving entity, if the body is the authorised self-driving entity for the vehicle;

• (b) in the case of a licensed no-user-in-charge operator, when the vehicle undertakes a no-user-in-charge journey overseen by the body.

• (5) Any question arising under this Part as to whether an authorised automation feature is “engaged” or “disengaged” is to be determined in accordance with what is specified under section 4(3)(b).

Related amendments

45

Schedule 2 makes amendments in connection with this Part.

Part 2 — Criminal liability for vehicle use

Chapter 1 — Legal position of user-in-charge

Meaning of “user-in-charge”

46

An individual is the “user-in-charge” of a vehicle if—

• (a) the vehicle is an authorised automated vehicle with an authorised user-in-charge feature,

• (b) that feature is engaged, and

• (c) the individual is in, and in position to exercise control of, the vehicle, but is not controlling it.

User-in-charge not liable for manner of driving

47

• (1) An individual does not commit an offence arising from the way in which a vehicle is driven if subsection (2) or (3) applies (subject to section 48).

• (2) This subsection applies if the individual is the user-in-charge of the vehicle at the time of the act that would constitute the offence.

• (3) This subsection applies if the act that would constitute the offence—

• (a) results from something done by the vehicle while the individual was its user-in-charge, and

• (b) does not also result from the individual’s conduct after ceasing to be the user-in-charge falling below the standard that could reasonably be expected of a careful and competent driver in the circumstances.

• (4) For the purposes of this section, the way in which a vehicle is driven—

• (a) includes (for example) the use of its signals and lighting, but

• (b) does not include (for example) the condition or qualifications of the driver.

Exceptions from immunity

48

• (1) Section 47(1) does not apply in relation to an offence if the act that would constitute the offence takes place after—

• (a) a transition demand has been issued in accordance with authorisation requirements, and

• (b) the transition period has ended.

• (2) But subsection (1) does not apply if the act that would constitute the offence results from the vehicle doing something which amounts to a breach of authorisation requirements of the sort described in section 7(3)(e).

• (3) Section 47(1) does not apply in relation to an offence if—

• (a) the offence arises from the position in which the vehicle is parked or otherwise stops or is left stationary, and

• (b) the user-in-charge voluntarily departs from the vehicle while it is in that position.

• (4) Section 47(1) does not apply in relation to an offence arising from the vehicle’s entering or remaining on a particular road or other area without a required toll or charge being paid.

• (5) Section 47(1) does not apply in relation to an offence if the conditions in subsection (6) of this section are satisfied at the time of—

• (a) the act that would constitute the offence, in a case within section 47(2), or

• (b) the thing done by the vehicle that results in the act that would constitute the offence, in a case within section 47(3).

• (6) The conditions are that—

• (a) the authorised user-in-charge feature in question is engaged other than in the authorised locations and circumstances, and

• (b) the user-in-charge has caused it to be so, or another person has to the knowledge of the user-in-charge caused it to be so, by deliberately interfering with equipment of the vehicle.

User-in-charge otherwise liable as driver

49

• (1) The user-in-charge of a vehicle is to be taken for the purposes of any enactment to be the driver of, and driving, the vehicle.

• (2) Subsection (1)—

• (a) does mean that (subject to section 47) an enactment applies to the user-in-charge as it would apply to a driver who acted in the same way as the user-in-charge in fact acts, but

• (b) does not mean that any particular behaviour of the vehicle is to be treated as brought about by the user-in-charge when it is not in fact so brought about.

• (3) If an individual is for a time the user-in-charge of a vehicle but moves so as no longer to be in position to control the vehicle, this section continues to apply to the individual as it applies to a user-in-charge until—

• (a) another individual becomes the user-in-charge of the vehicle or takes control of it, or

• (b) the authorised user-in-charge feature is disengaged.

Power to change or clarify existing traffic legislation

50

• (1) The Secretary of State may, by regulations, make provision for the purpose of changing or clarifying whether, how or in what circumstances a relevant enactment applies to the user-in-charge of a vehicle.

• (2) A “relevant enactment” is an enactment that—

• (a) was passed or made on or before the relevant day, and

• (b) relates to the driving or use of a vehicle.

• (3) Regulations under this section may amend any enactment passed or made on or before the relevant day.

Supplementary provision

51

• (1) An enactment passed or made after this Act is passed is to be read as subject to sections 47 to 49 unless a clear intention to the contrary appears.

• (2) A person who seeks to rely on section 47(1) in criminal proceedings must prove that—

• (a) the individual concerned was a user-in-charge at the time in question, and

• (b) section 48(1) does not apply (unless the person also seeks to rely on section 48(2)).

• (3) A person who seeks to rely on section 48(2) in criminal proceedings must adduce sufficient evidence that it applies to raise an issue with respect to it; and if the person does so that provision is to be taken to apply unless the contrary is proved beyond reasonable doubt.

• (4) Subsection (5) applies if—

• (a) an automated vehicle authorisation is varied, suspended or withdrawn,

• (b) an individual could not reasonably be expected to know of the variation, suspension or withdrawal, and

• (c) the individual uses a vehicle in reliance on the authorisation as it stood before the variation, suspension or withdrawal.

• (5) Sections 47 to 49, and regulations under section 50, apply in respect of that use of the vehicle by the individual as if the variation, suspension or withdrawal had not occurred.

Interpretation

52

• (1) The following subsections apply for the purposes of this Chapter.

• (2) “User-in-charge” is to be read in accordance with section 46.

• (3) The following terms have the same meaning as in Part 1—

• “authorisation requirements” (see section 44(1));

• “authorised locations and circumstances” (see section 44(1));

• “authorised user-in-charge feature” (see section 44(1));

• “control” and “controlling” (see sections 1(6) and 44(1));

• “equipment” (see section 44(1));

• “transition demand” and “transition period” (see sections 7(2) and 44(1));

• “varied” and “variation” (see sections 9(1) and 44(1)).

• (4) Section 44(5) (authorisation to determine when feature “engaged” or “disengaged”) applies as it applies for the purposes of Part 1.

• (5) The “relevant day” is the final day of the session of Parliament in which this Act is passed.

• (6) Any conduct giving rise to liability to a penalty charge is to be regarded as conduct amounting to an offence.

Chapter 2 — Offences

Use of vehicle without driver or licensed oversight

53

• (1) In the Road Traffic Act 1988, before the italic heading before section 35 insert—

(34B) (1) A person commits an offence if— (a) the person uses, or causes or permits another person to use, a road vehicle on a road or other public place, (b) at any time while the vehicle is so used— (i) the vehicle is mechanically propelled, and (ii) there is no individual who is exercising, or in position to exercise, control of the vehicle, and (c) subsection (2) does not apply. (2) This subsection applies if— (a) an authorised no-user-in-charge feature is engaged at all times when subsection (1)(b) is satisfied, and (b) the journey undertaken by the vehicle is overseen by a licensed no-user-in-charge operator. (3) It is a defence for a person accused of an offence under this section to prove that, at the time of the acts said to constitute the offence, the person did not know, and could not reasonably have been expected to know, that— (a) the facts were, or would be, as described in subsection (1)(b), or (b) the facts were not, or would not be, as described in subsection (2). (4) Subsection (1) does not apply to the use of a vehicle on a public place other than a road if the vehicle is designed primarily for a purpose other than— (a) the carriage of persons, or (b) the carriage of goods on roads. (5) Section 44 of the Automated Vehicles Act 2024 applies for the interpretation of this section as it applies for the interpretation of Part 1 of that Act. (6) In this section, “road vehicle” means a mechanically propelled vehicle intended or adapted for use on roads. (34C) (1) A person commits an offence if— (a) the person commits an offence under section 34B, and (b) while being used in the way that constitutes the offence under section 34B, the vehicle causes the death of another person. (2) A person commits an offence if— (a) the person commits an offence under section 34B, and (b) while being used in the way that constitutes the offence under section 34B, the vehicle causes serous injury to another person. (3) In this section, “serious injury” has the meaning given by section 1A(2).

• (2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988, at the appropriate places insert—

RTA section 34B	Using a road vehicle without a driver or licensed oversight.	Summarily. On indictment.	On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. 2 years or a fine or both.	Discretionary.	Discretionary.	6

;

RTA section 34C(1)	Causing death by using a road vehicle without a driver or licensed oversight.	On indictment.	Imprisonment for life.	Obligatory.	Obligatory.	3-11
34C(2)	Causing serious injury by using a road vehicle without a driver or licensed oversight.	Summarily. On indictment.	On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. 5 years or a fine or both.	Obligatory.	Obligatory.	3-11

• (3) Schedule 3 makes amendments in connection with the preceding provisions of this section.

Dangerous use etc

54

• (1) After section 3A of the Road Traffic Act 1988 insert—

(3B) For the purposes of section 47 of the Automated Vehicles Act 2024 (user-in-charge of authorised automated vehicle not liable for manner of driving), any offence under the preceding sections is to be taken to be an offence arising from the way in which a vehicle is driven. (3C) (1) A person commits an offence if— (a) the person is the user-in-charge of an authorised automated vehicle, (b) the vehicle is on a road or other public place, and (c) it would have been obvious to a competent and careful user of the vehicle, at the moment when the authorised user-in-charge feature in question was engaged, that the current state of the vehicle would make it dangerous to use it in the way in which it is being used. (2) Subsections (3) and (4) of section 2A apply, with the necessary adjustments, for the purposes of subsection (1) of this section as they apply for the purposes of subsection (2) of that section. (3D) (1) A person commits an offence if— (a) the person commits an offence under section 3C, and (b) the use of the vehicle in its dangerous state causes the death of another person. (2) A person commits an offence if— (a) the person commits an offence under section 3C, and (b) the use of the vehicle in its dangerous state causes serious injury to another person. (3) In this section, “serious injury” has the meaning given by section 1A(2). (4) The references in this section to the use of the vehicle in its dangerous state are to the use, and state, of the vehicle that give rise to the offence under section 3C.

• (2) After section 22A of the Road Traffic Act 1988 insert—

(22B) (1) A person commits an offence if— (a) the person commits an offence under section 22A, and (b) the conduct constituting that offence causes an authorised automated vehicle to commit a traffic infraction, and (c) the commission of that traffic infraction causes the death of, or serious injury to, another person. (2) In this section, “serious injury” has the meaning given by section 1A(2). (3) This section does not extend to Scotland.

• (3) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), at the appropriate places insert—

RTA section 3C	Use of automated vehicle in dangerous state.	Summarily. On indictment.	On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. 2 years or a fine or both.	Obligatory.	Obligatory.	3-11

;

RTA section 3D(1)	Causing death by use of automated vehicle in dangerous state.	On indictment.	Imprisonment for life.	Obligatory.	Obligatory.	3-11
RTA section 3D(2)	Causing serious injury by use of automated vehicle in dangerous state.	Summarily. On indictment.	On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. 5 years or a fine or both.	Obligatory.	Obligatory.	3-11
RTA section 22B	Causing danger to road-users resulting in automated vehicle killing or seriously injuring.	On indictment.	14 years or a fine or both.
---	---	---	---	---	---	---

• (4) Schedule 3 makes amendments in connection with the preceding provisions of this section.

Amendment of tampering offence

55

In section 25 of the Road Traffic Act 1988 (tampering with motor vehicles)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) For the purposes of subsection (1), the “mechanism” of a vehicle includes— (a) any equipment in or on the vehicle designed to allow the motion of the vehicle to be controlled other than by an individual in the vehicle, or to facilitate its being so controlled, and (b) any software installed in, or other electronic information stored in, any such equipment.

Amendment of offence concerning fitting of unsuitable parts

56

In section 76 of the Road Traffic Act 1988 (fitting and supply of defective or unsuitable vehicle parts), at the end insert—

(11) In this section— (a) references to a vehicle part include software (except in subsection (5)(a)), and (b) references to fitting a vehicle part to a vehicle include installing software in, or otherwise making software interact with, a vehicle.

Part 3 — Policing and investigation

Chapter 1 — Stopping and seizure

Application of stopping powers etc

57

• (1) Subsection (2) applies in circumstances where—

• (a) a person suspects that a vehicle is travelling while an authorised automation feature is engaged, and

• (b) assuming the vehicle was being driven by an individual, the person would have the power under an enactment (whenever passed or made) to direct the driver to stop the vehicle or act in any other way.

• (2) The person may by an appropriate communication with equipment of the vehicle make any direction that could be given to a driver of the vehicle.

• (3) For that purpose a communication is “appropriate” if it is a communication that equipment of the vehicle could reasonably be expected to receive and react to.

• (4) In determining whether subsection (3) is satisfied, regard is to be had to—

• (a) any relevant authorisation requirements or operator licensing regulations, and

• (b) the design and intended function of the equipment.

• (5) For the purpose of determining whether a vehicle has committed a traffic infraction, a direction made in accordance with subsection (2) has effect as if it were a direction given to a driver of the vehicle.

• (6) But a vehicle with an authorised user-in-charge feature does not commit a traffic infraction by not complying with the direction if—

• (a) the vehicle immediately issues a transition demand,

• (b) by the end of the transition period, equipment of the vehicle communicates the substance of the direction to the user-in-charge in a way that the user-in-charge could be expected to understand, and

• (c) that way of responding to the direction does not breach authorisation requirements.

• (7) A direction the substance of which is communicated as described in subsection (6)(b) (and in a way that does not breach authorisation requirements) is effective against the user-in-charge as soon as—

• (a) the user-in-charge assumes control of the vehicle, or

• (b) (if earlier) the transition period ends,

as if it had been given to that individual as the driver.

Seizure and detention

58

• (1) An authorised officer may seize and detain a road vehicle (using reasonable force to do so) if—

• (a) it appears to the officer that the vehicle is travelling, is about to travel or has recently travelled on a road or other public place, and

• (b) subsections (2) and (3) are satisfied.

• (2) This subsection is satisfied if the authorised officer reasonably suspects that the journey of the vehicle involves, is likely to involve, or did involve—

• (a) an offence under section 34B of the Road Traffic Act 1988,

• (b) the commission of a traffic infraction by the vehicle,

• (c) the vehicle travelling without an individual exercising, or in position to exercise, control of it on a road or other public place on which it is hazardous or unsuitable for the vehicle to travel in that way, or

• (d) the vehicle otherwise behaving in a way that presents a risk of danger or inconvenience to the public while present on a road or other public place without an individual in control of it.

• (3) This subsection is satisfied if the authorised officer reasonably thinks it necessary to seize and detain the vehicle in order to—

• (a) prevent or halt the commission of an offence or a traffic infraction,

• (b) prevent or halt a risk of danger or of inconvenience to the public, or

• (c) enable enquiries to be made with a view to identifying—

• (i) the owner, registered keeper, user, or person in charge of the vehicle,

• (ii) the authorised self-driving entity for the vehicle, or

• (iii) the licensed no-user-in-charge operator by whom the journey of the vehicle is, would be or was overseen.

• (4) The Secretary of State may by regulations make provision about what is to happen after a vehicle has been seized and detained under this section; and the power in subsection (1) may not be exercised unless such regulations are in force.

• (5) Regulations under subsection (4) must be designed with a view to securing that—

• (a) the owner of the vehicle has a reasonable opportunity to find out that it has been detained and recover it, and

• (b) the vehicle is properly stored in the meantime.

• (6) Subsection (5)(a) does not prevent the regulations from—

• (a) making the recovery of the vehicle conditional on the payment of any applicable charges in respect of its removal or storage (see subsection (7)(a)),

• (b) conferring a power to keep the vehicle in detention pending the completion of—

• (i) enquiries of a sort referred to in subsection (3)(c), or

• (ii) investigations or proceedings arising from the matters in connection with which the vehicle was seized (including proceedings for the imposition of a compliance notice, redress notice or monetary penalty notice under Chapter 5 of Part 1), or

• (c) making the ability to recover the vehicle subject to any power existing apart from this section under which the vehicle could be kept in detention.

• (7) Regulations under subsection (4) may—

• (a) require the owner of the vehicle to pay charges in respect of the removal, storage or disposal of the vehicle;

• (b) (subject to subsection (5)(a)) provide for the disposal of the vehicle;

• (c) make provision about the destination of any proceeds of such a disposal;

• (d) provide for a person to be treated as, or presumed to be, the owner of the vehicle for the purposes of the regulations (in which case the references to the owner in subsection (5) and paragraph (a) are to be read accordingly).

• (8) In this section, “authorised officer” means—

• (a) a constable, or

• (b) an examiner appointed under section 66A of the Road Traffic Act 1988.

• (9) The power in subsection (1) does not extend to directing the driver of a vehicle to stop it; but—

• (a) a constable in uniform, or

• (b) a stopping officer appointed under section 66B of the Road Traffic Act 1988,

may make such a direction with a view to the exercise of the power in subsection (1).

Interpretation

59

• (1) This section applies for the purposes of this Chapter.

• (2) “Direction” includes any form of instruction or requirement (and “direct” is to be read accordingly).

• (3) “Registered keeper” means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 1994.

• (4) The following terms have the same meaning as in Part 1—

• “authorisation requirements” (see section 44(1));

• “authorised automation feature” (see section 44(1));

• “authorised self-driving entity” (see section 44(1));

• “authorised user-in-charge feature” (see section 44(1));

• “control” (see sections 1(6) and 44(1));

• “equipment” (see section 44(1));

• “licensed no-user-in-charge operator” (see section 44(1));

• “operator licensing regulations” (see section 44(1));

• “overseen” (see section 12(3));

• “transition demand” and “transition period” (see sections 7(2) and 44(1)).

• (5) Subsections (2) (commission of traffic infraction by vehicle) and (5) (authorisation to determine when feature “engaged” or “disengaged”) of section 44 apply as they apply for the purposes of Part 1.

• (6) “User-in-charge” is to be read in accordance with section 46.

Chapter 2 — Investigation of incidents by statutory inspectors

Authorised automated vehicle incident inspectors

The role of inspector

60

• (1) The Secretary of State must appoint one or more persons as inspectors of automated vehicle incidents.

• (2) An inspector—

• (a) must be a person serving in the civil service of the State,

• (b) is to hold the role of inspector on such terms as the Secretary of State determines, and

• (c) is to exercise the functions of an inspector under the direction and control of any other inspector who, under arrangements made by the Secretary of State, is of a senior rank.

• (3) The Secretary of State may, by regulations, make further provision about how the functions of an inspector are to be exercised.

Purpose of inspectors

61

• (1) The main purpose of the role of inspector is that of identifying, improving understanding of, and reducing the risks of harm arising from the use of authorised automated vehicles on roads in Great Britain.

• (2) It is no part of that purpose to establish blame or liability on the part of any person in relation to a particular incident.

• (3) The functions conferred by this Chapter are to be exercised in view of that purpose.

Investigations

General power to investigate certain incidents

62

• (1) If a relevant incident occurs, an inspector may carry out an investigation in order to try to determine what caused it (but not to determine blame or liability).

• (2) An incident is a relevant incident if it—

• (a) occurs on a road in Great Britain,

• (b) arises out of the presence of an authorised automated vehicle on that road,

• (c) causes or has the potential to cause damage to a person or property, and

• (d) is not of a kind specified in regulations made by the Secretary of State.

• (3) An incident is also a relevant incident if it—

• (a) occurs in Great Britain,

• (b) involves an authorised automated vehicle, and

• (c) either—

• (i) would fall within subsection (2) if it occurred on a road, or

• (ii) could lead to the occurrence of an incident within subsection (2).

• (4) Nothing in sections 63 to 65 limits what an inspector may do for the purposes of an investigation without relying on powers of coercion.

Powers in respect of persons

63

• (1) If an inspector considers it necessary for the purposes of an investigation, the inspector may require a person—

• (a) to provide to the inspector, or allow the inspector access to, information, items or material in any manner the inspector considers appropriate;

• (b) not to access, disturb, move or alter anything specified by the inspector.

• (2) The Secretary of State may make regulations authorising an inspector to require a person to provide other forms of assistance for the purposes of an investigation.

Powers in respect of premises

64

• (1) If an inspector considers it necessary for the purposes of an investigation, the inspector may exercise the powers in subsection (2) in respect of any premises.

• (2) The powers in this subsection are powers to—

• (a) enter the premises;

• (b) search the premises;

• (c) examine any document, equipment or other item or material on the premises (including by operating a computer or other device in order to gain access to information);

• (d) seize any document, equipment or other item or material on the premises and remove it;

• (e) record (in whatever form) any document, equipment or other item or material on the premises, or any information contained in or accessible by means of any such document, equipment, item or material;

• (f) require any person on the premises to provide information or assistance for the purpose of—

• (i) enabling or facilitating the exercise of the preceding powers, or

• (ii) allowing anything inspected, seized or recorded in the exercise of those powers to be better understood.

• (3) An inspector may not exercise the power to seize and remove something unless the inspector considers that exercising the power to record it would be insufficient.

• (4) An inspector may take other persons, equipment and materials onto premises for the purposes of assisting in the exercise of the powers in subsection (2).

• (5) A person so taken onto the premises may also exercise those powers on behalf of the inspector if the person is in the company, and under the supervision, of the inspector.

• (6) An inspector or other person exercising the powers in subsection (2) may use reasonable force if necessary (except to enforce a requirement under subsection (2)(f)), but only if accompanied by a constable.

• (7) The powers in subsection (2) may only be exercised in accordance with a warrant issued by a justice of the peace, unless the inspector considers that the exercise of the powers is urgent and that waiting to seek consent or a warrant would undermine the investigation.

• (8) A warrant under subsection (7)—

• (a) may be granted only if the justice of the peace is satisfied, on the basis of information or evidence given on oath by an inspector, that it is necessary for the purposes of the investigation to exercise the powers in subsection (2) in respect of the premises,

• (b) authorises the exercise of those powers—

• (i) only at a reasonable hour,

• (ii) only within a period of one month beginning with the day on which it is issued, and

• (iii) only on one occasion, unless the warrant specifies a greater number of occasions, and

• (c) may be granted subject to further conditions or limitations

• (9) An inspector who enters premises under this section—

• (a) must produce, on request by any person appearing to be in charge of the premises, proof of identity and of authority;

• (b) if the entry is made under warrant—

• (i) must give a copy of the warrant to any person appearing to be in charge of the premises at the earliest opportunity (if possible before entering the premises),

• (ii) if no such copy is given during the period of entry on the premises, must leave a copy of the warrant in a prominent place on the premises, and

• (iii) must return the warrant to the court from which it was issued as soon as reasonably practicable with an endorsement summarising the exercise of the powers in subsection (2);

• (c) if no person appearing to be in charge of the premises is present, must leave the premises as effectively secured against trespassers as the inspector found them;

• (d) must make and retain a written record of the powers exercised in respect of the premises.

• (10) The Secretary of State must arrange for the publication of information on the exercise of the powers in subsection (2) at such intervals as seem appropriate.

• (11) If a warrant under subsection (7) is not executed, an inspector must return it to the court from which it was issued as soon as reasonably practicable with an endorsement stating that it was not executed.

• (12) References in this section to a justice of the peace include a sheriff in Scotland.

Powers in respect of road traffic

65

• (1) An inspector may for the purposes of an investigation—

• (a) direct a person driving or propelling a vehicle, or riding an animal, on a road to—

• (i) stop the vehicle or animal, or

• (ii) make it proceed in, or keep to, a particular line of traffic;

• (b) direct a person proceeding on foot on or immediately adjacent to a road to stop.

• (2) Such a direction may be made by placing a traffic sign—

• (a) on the road,

• (b) immediately adjacent to the road, or

• (c) on any structure on the road or immediately adjacent to the road.

• (3) The inspector must remove such a sign by the end of the period of seven days beginning with the day it was placed; and a sign remaining in place after the end of that period no longer has effect.

Offences of impeding investigation

66

• (1) A person commits an offence if the person—

• (a) intentionally obstructs a person in the exercise of the powers conferred by or under section 63, 64 or 65,

• (b) fails, without reasonable excuse, to comply with a requirement made of the person in the exercise of those powers, or

• (c) in response to such a requirement, makes a statement that is false or misleading in a material respect, knowing it to be so or being reckless as to whether it is.

• (2) A person commits an offence if the person impersonates an inspector and purports to be carrying out an investigation.

• (3) A person commits an offence if the person fails to comply with a direction under section 65.

• (4) A person who commits an offence under subsection (1) or (2) is liable—

• (a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

• (c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (5) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) Schedule 4 makes amendments in connection with the offence in subsection (3).

Application to police officers

67

• (1) An inspector may exercise a power under sections 63 to 65 in relation to a constable as in relation to any other person, subject to regulations under subsection (3).

• (2) In particular—

• (a) an inspector may require a constable to provide information, items or material held by the constable or by the force or body to which the constable belongs in connection with an investigation conducted by the constable, force or body;

• (b) where a constable is investigating an incident that an inspector is also investigating, the inspector may require the constable to—

• (i) allow the inspector access to a place where the constable is investigating;

• (ii) allow the inspector access to information, items or material relevant to the inspector’s investigation;

• (iii) allow the inspector to interview a witness to the incident (including a person suspected of committing an offence in connection with the incident) in advance of any other interview of that witness.

• (3) The Secretary of State may by regulations specify circumstances in which—

• (a) an inspector may not exercise a power in relation to a constable;

• (b) a constable is not required to comply with a requirement of an inspector;

• (c) a constable does not commit an offence under section 66.

Report of findings

68

• (1) An inspector must report any findings of an investigation to the Secretary of State.

• (2) A report under this section is not prevented by section 61(2) or 62(1) from making a finding from which blame or liability could be inferred (although it may not express an opinion on such blame or liability).

• (3) The Secretary of State may, by regulations, make further provision about reports under this section.

• (4) Such regulations may, in particular, make provision as to—

• (a) the form a report is to take;

• (b) the time by which a report must be made;

• (c) the circumstances in which a report must or must not make a recommendation;

• (d) whether and how interested persons are to be given the opportunity to comment on a draft report;

• (e) publication of reports;

• (f) the admissibility of reports in judicial proceedings;

• (g) how an inspector is to monitor and take action further to the recommendations in a report.

Appointment of additional persons to exercise investigatory powers

69

• (1) The Secretary of State may make regulations—

• (a) requiring or permitting an inspector to appoint a person to conduct or participate in an investigation;

• (b) conferring on such a person a power of an inspector for the purposes of an investigation.

• (2) A person given functions by regulations under this section is to exercise them on behalf of the Crown (and, in particular, is to be taken in respect of those functions to be an officer of the Crown for the purposes of the Crown Proceedings Act 1947).

Supplementary powers

Additional power in respect of information and material

70

• (1) The Secretary of State may make regulations requiring a person to provide to an inspector, or allow an inspector access to, information, items or material other than in response to a requirement made under section 63, in such manner as is specified in the regulations.

• (2) Regulations under this section must specify the purpose for which the information, items or material is or are to be provided (which must be purposes of an investigation or of any other function of an inspector).

• (3) Regulations under this section may create an offence (see further section 76).

Obtaining reports from police

71

• (1) The Secretary of State may, by regulations, require a chief officer of police to report to an inspector incidents which—

• (a) occur in the area of the chief officer’s police force, and

• (b) are of a description set out in the regulations.

• (2) Regulations under this section may limit the requirement to cases in which an inspector requests a report.

• (3) Regulations under this section must be framed with the intention that only relevant incidents, or incidents that may be found to be relevant incidents, will be reported.

• (4) Regulations under this section may contain provision about the timing, form and contents of reports.

Ancillary functions

72

• (1) An inspector may—

• (a) produce and publish information about the safety of authorised automated vehicles or about investigations;

• (b) support the functions of a person within subsection (3);

• (c) assist any other person in or outside the United Kingdom, with or without charge, in doing anything that the inspector considers would contribute to—

• (i) the purpose in section 61, or

• (ii) an equivalent purpose outside Great Britain;

• (d) carry out such other functions as the inspector considers would contribute to such a purpose.

• (2) The Secretary of State may make regulations—

• (a) requiring an inspector to exercise a power in subsection (1) in such manner as is specified in the regulations;

• (b) limiting the manner in which any such power may be exercised.

• (3) The persons referred to in subsection (1)(b) are—

• (a) a person appointed as an inspector of marine accidents under section 267 of the Merchant Shipping Act 1995;

• (b) a person responsible for the investigation of accidents arising out of or in the course of air navigation under regulations made under section 75 of the Civil Aviation Act 1982;

• (c) a person appointed as an inspector of rail accidents under section 3 of the Railways and Transport Safety Act 2003;

• (d) a person responsible for the investigation of accidents arising out of or in the course of spaceflight activities under regulations made under section 20 of the Space Industry Act 2018;

• (e) any other person an inspector considers to have functions corresponding to those of an inspector, or a person within the preceding paragraphs, whether in or outside the United Kingdom.

Supplementary provision

Protection of information

73

• (1) This section applies in relation to information obtained by an inspector in connection with the inspector’s functions.

• (2) The Secretary of State may, by regulations, make

• (a) provision authorising the inspector to disclose the information to another person for a purpose specified in the regulations;

• (b) other provision about how the information is to be dealt with.

• (3) Such regulations may, in particular—

• (a) permit or require the retention or destruction of the information;

• (b) disapply any power under an enactment that might otherwise be used to obtain the information;

• (c) make provision about the admissibility in judicial proceedings of the information;

• (d) confer jurisdiction on a court or tribunal.

• (4) Subsection (5) applies to—

• (a) the inspector,

• (b) any person who obtains the information on behalf of the inspector, and

• (c) any person who obtains the information directly or indirectly from the inspector (other than by way of publication).

• (5) It is an offence for the person to—

• (a) disclose the information to any other person, or

• (b) use the information for a purpose other than the purpose for which it was obtained,

except as authorised by or under this Part or any other enactment.

• (6) But it is a defence to prove that—

• (a) the person who provided the information to the inspector consented to the disclosure or use,

• (b) the person to whom subsection (5) applies reasonably believed that the disclosure or use was lawful, or

• (c) in the case of a disclosure, that the information had already lawfully been disclosed to the other person.

• (7) A person who commits an offence under subsection (5) is liable—

• (a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

• (c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

Further provision about physical evidence

74

• (1) This section applies in relation to an item or material obtained by an inspector under section 63 or 64 or regulations under section 70.

• (2) The inspector must, on request by the person from whom the item or material is obtained—

• (a) give a receipt for the item or material, and

• (b) in the case of a document readily capable of being copied, give a copy of it.

• (3) The item or material may be retained in the possession of the inspector for so long as the inspector considers necessary for the purposes for which it was obtained.

• (4) An inspector may for those purposes—

• (a) examine the item or material (using reasonable force if necessary), and

• (b) record (in whatever form) any information obtained from the item or material.

• (5) The Secretary of State may, by regulations, make further provision about how items or material obtained by an inspector in connection with the inspector’s functions are to be dealt with.

• (6) Such regulations may, in particular—

• (a) authorise the retention or use of an item or material for purposes other than those for which it was obtained;

• (b) authorise the delivery of an item or material to a person other than its owner;

• (c) authorise the destruction of an item or material;

• (d) make provision about the admissibility in judicial proceedings of evidence relating to an item or material;

• (e) create an offence (see further section 76);

• (f) confer jurisdiction on a court or tribunal.

Expenses

75

• (1) The Secretary of State may make regulations entitling—

• (a) the Secretary of State to recover from any other person, or

• (b) any other person (including an inspector) to recover from the Secretary of State,

expenses, costs or losses incurred in, or in connection with, the exercise of an inspector’s functions.

• (2) Regulations under this section may confer jurisdiction on a court or tribunal.

Offences under regulations

76

• (1) Where regulations under this Chapter create an offence, they may provide for the offence to be triable—

• (a) only summarily, or

• (b) summarily or on indictment.

• (2) Where the regulations provide for the offence to be triable only summarily, they may provide for the offence to be punishable—

• (a) on summary conviction in England or Wales, by imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

• (b) on summary conviction in Scotland, by imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);

or (in either case) by any lesser punishment.

• (3) Where the regulations provide for the offence to be triable summarily or on indictment, they may provide for the offence to be punishable—

• (a) on summary conviction in England or Wales, by imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (b) on summary conviction in Scotland, by imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

• (c) on conviction on indictment, by imprisonment for a term not exceeding 2 years or a fine (or both);

or (in any of those cases) by any lesser punishment.

• (4) In subsection (2)(a), “the maximum term for summary offences” means—

• (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

• (b) if the offence is committed after that time, 51 weeks.

Interpretation

77

In this Chapter—

• “authorised automated vehicle” includes a vehicle that has been, but is no longer, an authorised automated vehicle within the meaning given by section 94;

• “dwelling” means any premises wholly or mainly used as a place of residence (and includes any garden, yard, outhouse or other appurtenance which is not used in common by the occupants of multiple such premises);

• “inspector” means an inspector appointed under section 60, and also includes, in relation to the exercise of a power further to regulations under section 69(1)(b), the person exercising that power;

• “investigation” means an investigation under section 62;

• “premises” includes any land;

• “relevant incident” has the meaning given by section 62;

• “traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984.

Part 4 — Marketing restrictions

Restriction of certain terms to authorised automated vehicles

78

• (1) The Secretary of State may, by regulations, specify words, expressions, symbols or marks as appropriate for use in connection with road vehicles only if used in connection with authorised automated vehicles (whether generally or of a description given in the regulations).

• (2) A person commits an offence if—

• (a) the person uses, or causes or permits the use of, a restricted term in connection with the promotion or supply of a road vehicle,

• (b) the person is acting in the course of business,

• (c) the use of the restricted term is directed at an end-user or potential end-user of the vehicle,

• (d) it is reasonable to anticipate that the use of the term will come to the attention of an end-user or potential end-user of the vehicle in Great Britain, and

• (e) the vehicle is not an appropriate vehicle.

• (3) A person commits an offence if—

• (a) the person uses, or causes or permits the use of, a restricted term in connection with the promotion or supply of a product intended for use as equipment of a road vehicle,

• (b) the person is acting in the course of business,

• (c) the use of the restricted term is directed at an end-user or potential end-user of a road vehicle,

• (d) it is reasonable to anticipate that the use of the term will come to the attention of an end-user or potential end-user of a road vehicle in Great Britain, and

• (e) the restricted term is not used specifically in relation to the use of the product as equipment of an appropriate vehicle.

• (4) It is a defence for a person accused of an offence under this section to prove that the restricted term was used in a way that was not intended to convey, and could not reasonably have been understood as conveying, any meaning to do with automation.

• (5) It is a defence for a person accused of an offence under this section to prove that—

• (a) the use of the restricted term was directed only at end-users or potential end-users of vehicles outside Great Britain, and

• (b) the person took all reasonable precautions and exercised all due diligence—

• (i) to prevent the use of the restricted term from coming to the attention of end-users or potential end-users of road vehicles in Great Britain, or

• (ii) to ensure that such end-users or potential end-users would understand that the use of the restricted term was not directed at them.

• (6) It is a defence for a person accused of an offence under this section to prove that—

• (a) the business in the course of which the person was acting did not involve the manufacture or supply of the vehicle or equipment in question,

• (b) the communication in which the restricted term was used was formulated in the course of another business, and

• (c) the person did not know, and had no reason to suspect, that the use of the restricted term would amount to an offence under this section.

• (7) A person who commits an offence under this section is liable—

• (a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

• (c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

• (8) In this section—

• “appropriate vehicle”, in relation to the use of a restricted term, means an authorised automated vehicle in connection with which the use of the restricted term is specified under subsection (1) as appropriate;

• “restricted term” means a word, expression, symbol or mark specified under subsection (1).

• (9) For the purposes of this section, a person is to be taken to use a restricted term if the person uses a word, expression symbol or mark so closely resembling a restricted term as to be likely to be mistaken for it.

Communications likely to confuse as to autonomous capability

79

• (1) A person commits an offence if—

• (a) the person makes, or causes or permits the making of, a communication in connection with the promotion or supply of any product or service,

• (b) the person is acting in the course of business,

• (c) the communication is directed at an end-user or potential end-user of a road vehicle,

• (d) it is reasonable to anticipate that the communication will come to the attention of an end-user or potential end-user of a road vehicle in Great Britain, and

• (e) the communication would be likely to confuse end-users of road vehicles in Great Britain as to whether a vehicle that is not an authorised automated vehicle is capable of travelling autonomously, safely and legally on roads or other public places in Great Britain.

• (2) It is to be assumed for the purposes of this section that a vehicle that is not an authorised automated vehicle is not so capable.

• (3) It is a defence for a person accused of an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to prevent end-users or potential end-users of road vehicles in Great Britain from being confused as described in subsection (1)(e).

• (4) It is a defence for a person accused of an offence under this section to prove that—

• (a) the business in the course of which the person was acting did not involve the manufacture or supply of the product, or the supply of the service, in question,

• (b) the communication was formulated in the course of another business, and

• (c) the person did not know, and had no reason to suspect, that the making of the communication would amount to an offence under this section.

• (5) A person who commits an offence under this section is liable—

• (a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

• (c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

Liability of corporate officers etc

80

• (1) Where—

• (a) a relevant entity commits an offence under section 78 or 79, and

• (b) the offence is—

• (i) committed with the consent or connivance of a responsible person, or

• (ii) attributable to any neglect on the part of a responsible person,

that person also commits the offence.

• (2) In subsection (1), “relevant entity” means—

• (a) a body corporate,

• (b) a partnership, or

• (c) a firm or other entity similar in nature to a partnership established under a foreign law.

• (3) In subsection (1), “responsible person” means—

• (a) in the case of a body corporate other than one within paragraph (b), a director, manager, secretary or other similar officer;

• (b) in the case of a limited liability partnership, or an entity of similar nature established under a foreign law, a member who takes part in the management of the partnership or entity;

• (c) in the case of a partnership or an entity within subsection (2)(c), a partner who takes part in the management of the partnership or entity.

• (4) A reference in subsection (3) to a person holding a particular position includes—

• (a) in the case of a body or entity established under a foreign law, any person holding a corresponding position under that law, and

• (b) any person purporting to act in the position referred to in subsection (3) (including as it is read by virtue of paragraph (a)).

Interpretation and supplementary provision

81

• (1) In sections 78 and 79—

• “end-user”, in relation to a vehicle, means a person who uses the vehicle on a road or other public place other than for commercial purposes to do with the development, manufacture or supply of the vehicle;

• “equipment” has the same meaning as in Part 1 (see section 44(1));

• “product” includes software.

• (2) For the purposes of those sections, a communication is to be taken to be directed at an end-user or potential end-user of a vehicle if it is directed at a class of persons likely to include such a person.

• (3) An offence under those sections can be committed anywhere in the world.

• (4) Schedule 5 makes provision about the enforcement of sections 78 and 79.

• (5) If section 78 or 79 comes into force before paragraph 5 of Schedule 2, it is to be read as if any reference to an authorised automated vehicle included a vehicle listed under section 1 of the Automated and Electric Vehicles Act 2018.

Part 5 — Permits for automated passenger services

Content and effect of permits

Power to grant permits

82

• (1) The appropriate national authority may grant a person a permit for the provision by the person of automated passenger services.

• (2) An “automated passenger service” is a service that consists of the carrying of passengers in a road vehicle that—

• (a) is designed or adapted to travel autonomously, or

• (b) is being used for a trial with the aim of developing vehicles that are so designed or adapted.

• (3) A permit may be granted for either or both of the following purposes—

• (a) securing the application of section 83 (disapplication of taxi, private hire vehicle and bus legislation);

• (b) satisfying a requirement imposed by regulations under section 12 (licensing of no-user-in-charge operators) in relation to the holding of a permit.

• (4) A permit must specify—

• (a) the areas in which services may be provided under the permit,

• (b) the vehicles (or descriptions of vehicle) in which services may be provided under the permit,

• (c) the period for which the permit is valid, and

• (d) any conditions subject to which the permit is granted (“permit conditions”).

• (5) Permit conditions may take the form of—

• (a) further limitations on the services that may be provided under the permit, or

• (b) obligations that the permit holder has to fulfil as a condition of holding the permit.

• (6) In subsection (2)(a), “travel autonomously” has the same meaning as in Part 1 (see section 1(5)).

Disapplication of taxi, private hire vehicle and bus legislation

83

• (1) Subsections (2) and (3) apply while a permit holder is providing an automated passenger service in an area in which, and in a vehicle in which, services may be provided under the permit.

• (2) The vehicle is not to be treated for any purpose as being, or as being used or operated as—

• (a) a hackney carriage within the meaning of the Town Police Clauses Act 1847 or the Metropolitan Public Carriage Act 1869,

• (b) a private hire vehicle within the meaning of the Private Hire Vehicles (London) Act 1998, the Plymouth City Council Act 1975 or Part 2 of the Local Government (Miscellaneous Provisions) Act 1976,

• (c) a public service vehicle within the meaning of the Public Passenger Vehicles Act 1981, or

• (d) a hire car within the meaning of section 23 of the Civic Government (Scotland) Act 1982.

• (3) The provision of the service is not to be treated as driving, standing or plying for hire with the vehicle for the purposes of section 45 of the Town Police Clauses Act 1847.

Civil sanctions for infringements

84

• (1) A permit holder commits an infringement of the permit scheme if the permit holder breaches a permit condition of the sort described in section 82(5)(b).

• (2) A permit holder also commits an infringement of the permit scheme if—

• (a) the permit holder provides, or offers to provide, a service that consists of the carrying of passengers in a road vehicle,

• (b) the permit holder says or does anything that would lead a reasonable passenger (or potential passenger) of the service to think that the service was provided under a permit, and