Automated Vehicles Act 2024

• “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

• (c) the service is not such as could be provided under the permit.

• (3) Schedule 6 provides for civil sanctions in respect of infringements of the permit scheme.

Requirements before granting permit

Consent requirement for services resembling taxis or private hire vehicles

85

• (1) Subsection (3) applies where—

• (a) the appropriate national authority proposes to grant a permit, and

• (b) under the proposed permit, an automated passenger service may be provided in a way that would, on the assumptions in subsection (2), require a taxi or private hire vehicle licence.

• (2) The assumptions are—

• (a) that section 83 does not apply, and

• (b) (so far as would not otherwise be the case) that the vehicle in which the service is provided is driven by an individual.

• (3) The appropriate national authority may not grant the permit without the consent of each licensing authority in whose area the service may be provided under the proposed permit.

• (4) A licensing authority is to be taken to have given such consent if—

• (a) the appropriate national authority requests consent in writing, and

• (b) within the relevant period, the licensing authority either—

• (i) fails to give or refuse consent, or

• (ii) refuses consent but fails to give written reasons for doing so.

• (5) For the purposes of subsection (4), “the relevant period” is the period of six weeks beginning with the day on which the request is made.

• (6) In this section, “taxi or private hire vehicle licence” means a licence under—

• (a) section 37 or 46 of the Town Police Clauses Act 1847 (hackney carriages: England and Wales),

• (b) section 6 or 8 of the Metropolitan Public Carriage Act 1869 (hackney carriages: London),

• (c) section 5, 9 or 13 of the Plymouth City Council Act 1975 (private hire vehicles: Plymouth),

• (d) section 48, 51 or 55 of the Local Government (Miscellaneous Provisions) Act 1976 (private hire vehicles: England and Wales),

• (e) section 10 or 13 of the Civic Government (Scotland) Act 1982 (taxis and private hire vehicles: Scotland), or

• (f) section 3, 7 or 13 of the Private Hire Vehicles (London) Act 1998 (private hire vehicles: London),

and a “licensing authority” means a person who is responsible for granting a licence under any of those provisions.

Consent requirement for services resembling buses

86

• (1) Subsection(2) applies where—

• (a) the appropriate national authority proposes to grant a permit, and

• (b) under the proposed permit, an automated passenger service may be provided that would, if section 83 did not apply, be subject to bus franchising restrictions.

• (2) The appropriate national authority may not grant the permit without the consent of each relevant franchising body.

• (3) A service is “subject to bus franchising restrictions” if it is a local service within the meaning of section 2 of the Transport Act 1985, and—

• (a) it is provided in Greater London,

• (b) it is provided in an area in England covered by a franchising scheme and is not exempt from the scheme, or

• (c) it is provided in an area in Scotland covered by a franchising framework and is not exempt from the framework.

• (4) In subsection (2), “relevant franchising body” means—

• (a) where subsection (3)(a) applies, Transport for London;

• (b) where subsection (3)(b) applies, the franchising authority or authorities operating the scheme;

• (c) where subsection (3)(c) applies, the local transport authority by which the framework was made.

• (5) A relevant franchising body is to be taken to have given consent under subsection (2) if—

• (a) the appropriate national authority requests consent in writing, and

• (b) within the relevant period, the body either—

• (i) fails to give or refuse consent, or

• (ii) refuses consent but fails to give written reasons for doing so.

• (6) For the purposes of subsection (5), “the relevant period” is the period of six weeks beginning with the day on which the request is made.

• (7) In this section—

• “franchising authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 123A(4) of that Act);

• “franchising framework” means a framework made under section 13A of the Transport (Scotland) Act 2001 (asp 2);

• “franchising scheme” means a scheme made under section 123A(1) of the Transport Act 2000;

• “local transport authority” has the same meaning as in the Transport (Scotland) Act 2001 (asp 2) (see section 82(1) of that Act).

• (8) For the purposes of subsection (3)—

• (a) a service is exempt from a franchising scheme if it is of a class that is excepted from regulation arising because of the scheme (see section 123H of the Transport Act 2000);

• (b) a service is exempt from a franchising framework if it is of a description that is exempted from the framework (see section 13D(2) of the Transport (Scotland) Act 2001 (asp 2)).

Further requirements

87

• (1) Before granting a permit, the appropriate national authority must consult any traffic authorities and emergency services that it considers are likely to be substantially affected if the permit is granted.

• (2) In subsection (1), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act) (but does not include the appropriate national authority itself).

• (3) In deciding whether to grant a permit, the appropriate national authority must have regard to whether, and to what extent, the granting of the permit is likely to lead to an improvement in the understanding of how automated passenger services should best be designed for, and provided to, older or disabled passengers.

• (4) Where the appropriate national authority grants a permit, it must include a permit condition (of the sort described in section 82(5)(b)) requiring the permit holder to publish reports about the automated passenger services which it provides, and in particular about the steps which it takes—

• (a) to meet the needs of older or disabled passengers, and

• (b) to safeguard passengers more generally.

Supplementary provision

Collection, sharing and protection of information

88

• (1) Permit conditions may, in particular, include conditions as to the collection and sharing of information.

• (2) That reference to sharing includes—

• (a) sharing with the appropriate national authority or other public authorities, and

• (b) sharing with private businesses (such as vehicle manufacturers or insurers).

• (3) The following provisions of this section apply in relation to information that a person obtains further to a permit condition as to the sharing of information.

• (4) In those provisions, “the recipient” means—

• (a) the person who obtains the information as described in subsection (3), or

• (b) any other person to whom the information is subsequently disclosed.

• (5) The appropriate national authority may make regulations authorising the recipient to—

• (a) disclose the information to another person for a purpose specified in the regulations, or

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

• (6) It is an offence for the recipient to—

• (a) disclose the information to another person, or

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

except as authorised by regulations under subsection (5) or any other enactment.

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

• (a) the person from whom the information was obtained as described in subsection (3) consented to the disclosure or use, or

• (b) the recipient 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.

• (8) A person who commits an offence under subsection (6) is liable—

• (a) on summary conviction in England and Wales, to a fine;

• (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

• (c) on conviction on indictment, to a fine.

• (9) Regulations under subsection (5) are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—

• (a) the regulations otherwise provide, or

• (b) the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations.

Procedural and administrative matters

89

• (1) A permit may be varied, renewed, suspended or withdrawn in such circumstances as are specified in regulations made by the appropriate national authority.

• (2) The appropriate national authority may, by regulations, make provision about the procedure to be followed in connection with the grant, retention, renewal, expiry, variation, suspension or withdrawal of a permit.

• (3) Regulations under subsection (2) may, in particular, make provision about—

• (a) the form and content of an application for a permit (or for the renewal of a permit);

• (b) fees payable in respect of—

• (i) an application for a permit (or for the renewal of a permit), or

• (ii) the grant, retention or renewal a permit;

• (c) the notification of decisions;

• (d) reviews of, or appeals against, decisions.

• (4) If fees are made payable as mentioned in subsection (3)(b)(ii), the amount of such a fee may be determined by reference to any costs incurred, or likely to be incurred, by the appropriate national authority in connection with any function under this Part (whether or not directly related to what the fee is for).

• (5) But a given amount of costs (or likely costs) may not be taken into account more than once in determining amounts of fees under this Part.

• (6) The appropriate national authority may, by regulations, set a maximum period for which a permit may be valid.

• (7) The appropriate national authority may, by regulations, provide for its functions under any provision made by or under this Part to be exercisable by a traffic commissioner instead of, or in addition to, the appropriate national authority.

• (8) Regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers—

• (a) if they apply to a function in respect of which a fee is payable, must also apply to the function of charging and receiving that fee;

• (b) if they apply to the function of issuing a notice under paragraph 1 or 2 of Schedule 6 (compliance notices and monetary penalty notices), must also apply to the functions under paragraph 4 of that Schedule (costs notices) so far as exercisable in connection with the first function.

• (9) Money received by a traffic commissioner as a result of regulations under subsection (7) must, unless subsection (10) applies, be paid into the Consolidated Fund in such manner as the Treasury may direct.

• (10) Money received by a traffic commissioner under paragraph 2(2) of Schedule 6 (monetary penalties) as a result of regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers must be paid to those Ministers.

Interpretation

90

• (1) In this Part—

• “automated passenger service” has the meaning given by section 82(2);

• “permit” means a permit under section 82(1) (and “permit holder” is to be read accordingly);

• “permit condition” has the meaning indicated in section 82(4)(d).

• (2) The remaining subsections apply for the purposes of this Part.

• (3) An automated passenger service is “provided in” an area if (and only if) it involves passengers being carried in that area.

• (4) Subject to subsection (5), the “appropriate national authority” is—

• (a) the Secretary of State, in relation to a permit for the provision of a service in England;

• (b) the Scottish Ministers, in relation to a permit for the provision of a service in Scotland;

• (c) the Welsh Ministers, in relation to a permit for the provision of a service in Wales.

• (5) In relation to a permit for the provision of a service in a public service vehicle, the “appropriate national authority” is the Secretary of State.

• (6) A permit is of that description if, under the permit, a service could be provided in a vehicle that, by virtue of its use in providing that service, would count as a public service vehicle within the meaning of the Public Passenger Vehicles Act 1981 (assuming that section 83 did not apply).

• (7) In relation to the exercise of power by a traffic commissioner further to regulations under section 89(7), references in this Part to the appropriate national authority are to be read as including a traffic commissioner.

Part 6 — Adaptation of existing regimes

Power to update type approval requirements

91

• (1) The Secretary of State may exercise the power in subsection (2) if the Secretary of State considers it appropriate to do so for the purpose of making the assimilated type approval legislation more suitable for—

• (a) vehicles that are designed to travel autonomously, or

• (b) any other type of vehicle that—

• (i) includes equipment designed to allow its motion to be controlled other than by an individual in it, or to facilitate its being so controlled, or

• (ii) is designed to incorporate or interact with software.

• (2) The power is to make regulations amending the assimilated type approval legislation so as to—

• (a) impose new type approval requirements, or

• (b) alter or remove existing type approval requirements.

• (3) The new requirements that may be imposed include—

• (a) requirements on a person who is not already subject to type approval requirements (such as a person who is an authorised self-driving entity or licensed no-user-in-charge operator for the purposes of Part 1);

• (b) requirements designed for the purpose of securing, demonstrating, recording or assessing compliance with other type approval requirements.

• (4) In this section—

• “the assimilated type approval legislation” means— Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles, Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles; Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor, Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles, Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles, Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service, Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, any assimilated direct legislation made under, or for the purposes of, any of the regulations listed above, the Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), the Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), and the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818);

• “travel autonomously” has the same meaning as in Part 1 (see section 1(5));

• “type approval requirements” means requirements in connection with the placing or keeping of a vehicle, or any item designed for use in connection with a vehicle, on the market in Great Britain.

Application of roadside testing powers etc

92

• (1) The Road Traffic Act 1988 is amended as follows.

• (2) In section 67 (testing of condition of vehicle on roads)—

• (a) after subsection (1) insert—

(1A) An authorised examiner may test an authorised automated vehicle on a road for the purpose of ascertaining whether authorisation requirements or operator licensing regulations are being complied with as respects the vehicle. (1B) In the sections from this section to section 73 as they apply in relation to an authorised automated vehicle— (a) references to the driver include any person in charge of the vehicle, and (b) references to driving the vehicle include operating it in any other way.

;

• (b) in subsection (3B)—

• (i) omit the “and” after paragraph (b);

• (ii) after paragraph (c) insert

, and (d) authorised automated vehicles.

;

• (c) after subsection (8) insert—

(8A) Subsection (8), as it applies in respect of an authorised automated vehicle, is to be read as if any failure to comply with authorisation requirements or operator licensing regulations were a defect.

;

• (d) at the end insert—

(11) For the purposes of the sections from this section to section 73, inspecting a vehicle includes examining any electronic information stored on, or accessible from, equipment of the vehicle.

• (3) In section 68 (general power of examiners to inspect goods vehicles and passenger vehicles)—

• (a) in the heading, for “and goods vehicles” substitute “, goods vehicles and authorised automated vehicles”;

• (b) in subsection (6)—

• (i) omit the “and” after paragraph (b);

• (ii) after paragraph (c) insert

and (d) authorised automated vehicles;

;

• (c) at the end insert—

(7) But this section does not authorise entry onto domestic premises in respect of a vehicle to which this section applies only because it is an authorised automated vehicle. (8) In subsection (7), “domestic premises” means premises used as a private dwelling or as an appurtenance to a private dwelling.

;

and in the italic heading preceding that section, for “and goods vehicles” substitute “, goods vehicles and automated vehicles”.

• (4) In section 69 (power to prohibit driving)—

• (a) in subsection (1), after paragraph (c) insert

, or (d) in the case of an authorised automated vehicle, by means of one or more of its authorised automation features.

;

• (b) in subsection (2), after paragraph (c) insert

, or (d) in the case of an authorised automated vehicle, by means of one or more of its authorised automation features.

;

• (c) at the end insert—

(10) This section, as it applies in respect of an authorised automated vehicle, is to be read as if any failure to comply with authorisation requirements or operator licensing regulations were a defect.

Provision of information about traffic regulation measures

93

• (1) The Secretary of State may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in England.

• (2) The Welsh Ministers may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in Wales.

• (3) In this section—

• “traffic regulation authority” means a person who has the power to make a traffic regulation measure;

• “traffic regulation measure” means an order or notice under any of the following provisions of the Road Traffic Regulation Act 1984— section 1 (traffic regulation orders), section 6 (orders regulating traffic in Greater London), section 9 (experimental traffic orders), section 14 (temporary orders and notices), section 16A (special events), or section 84 (speed limits).

• (4) For the purposes of this section, a traffic regulation measure is a “relevant traffic regulation measure”, in relation to a traffic regulation authority, if it—

• (a) is made by that authority, or

• (b) otherwise has effect in the area for which that authority has the power to make a traffic regulation measure of that type.

• (5) Regulations under this section may be made only if the person making them considers that the provision of information in accordance with the regulations will help to enable information about the effects of traffic regulation measures to be communicated to or acted upon by—

• (a) authorised automated vehicles, or

• (b) electronic equipment designed to undertake or facilitate the driving of other vehicles on roads.

• (6) In relation to regulations under this section that amend previous regulations under this section (see section 14 of the Interpretation Act 1978), subsection (5) applies as if the second reference to regulations were a reference to the previous regulations as they would be amended by the new regulations.

• (7) Regulations under this section must make provision about—

• (a) to whom the information is to be provided,

• (b) when it is to be provided, and

• (c) the manner and form in which it is to be provided.

• (8) Provision made under subsection (7)(c) may, in particular, provide that information is to be provided in accordance with a specified model, standard or set of specifications as it exists from time to time.

• (9) Regulations under this section may apply in respect of traffic regulation measures made before the regulations come into force (including those made before this Act is passed).

Part 7 — General provision

General definitions

94

In this Act—

• “authorised automated vehicle” means a vehicle authorised under section 3;

• “enactment” includes an enactment comprised in— an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act), or any instrument corresponding to such legislation made under an Act of the Scottish Parliament or an Act or Measure of Senedd Cymru;

• “information” includes recorded images or sounds;

• “road” has the same meaning as in the Road Traffic Act 1988 (see section 192(1) of that Act);

• “road vehicle” means a mechanically propelled vehicle intended or adapted for use on roads.

Disclosure of information: interaction with external constraints

95

• (1) This section applies in relation to any provision for the disclosure, obtaining or use of information made by or under this Act.

• (2) The provision does not require or authorise any disclosure, obtaining or use of information that—

• (a) contravenes the data protection legislation, or

• (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (3) But the provision is to be taken into account in determining whether the disclosure, obtaining or use of information would contravene the data protection legislation.

• (4) The disclosure of information in accordance with the provision (as read subject to subsection (2)) does not breach—

• (a) any obligation of confidence owed by the person making the disclosure, or

• (b) any other restriction on the disclosure of information (however imposed).

• (5) The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.

• (6) In the application of subsection (5) in Scotland, the reference to legal professional privilege is to be read as a reference to confidentiality of communications.

• (7) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Crown application

96

• (1) The following provisions bind the Crown (but not so as to make the Crown itself, as opposed to persons in the service of the Crown, criminally liable)—

• (a) section 42;

• (b) section 73;

• (c) section 88.

• (2) The following provisions apply to vehicles and persons in the public service of the Crown—

• (a) Chapter 1 of Part 2;

• (b) Chapter 1 of Part 3.

• (3) The Secretary of State may by regulations provide for Chapter 2 of Part 3 to bind the Crown in a manner described in the regulations.

Regulations

97

• (1) This section applies to regulations under this Act (except those under section 99).

• (2) Before making regulations, the person proposing to make them must consult with such representative organisations as that person thinks fit.

• (3) Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument (and see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) in relation to regulations made by the Scottish Ministers).

• (4) Regulations may make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes or areas;

• (c) provision that allows for the exercise of discretion.

• (5) The following regulations are subject to the affirmative procedure—

• (a) regulations under section 36(9),

• (b) regulations under section 50 that amend an Act, an Act of the Scottish Parliament or an Act of Senedd Cymru, and

• (c) regulations under paragraph 2(7) of Schedule 6;

and all other regulations are subject to the negative procedure.

• (6) The effect of regulations being subject to the affirmative procedure is—

• (a) in the case of regulations made by the Secretary of State, that the statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament;

• (b) in the case of regulations made by the Welsh Ministers, that the statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by a resolution of, Senedd Cymru;

• (c) in the case of regulations made by the Scottish Ministers, the effect provided by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.

• (7) The effect of regulations being subject to the negative procedure is—

• (a) in the case of regulations made by the Secretary of State, that the statutory instrument containing the regulations is (unless it also contains regulations subject to the affirmative procedure) subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) in the case of regulations made by the Welsh Ministers, that the statutory instrument containing the regulations is (unless it also contains regulations subject to the affirmative procedure) subject to annulment in pursuance of a resolution of Senedd Cymru;

• (c) in the case of regulations made by the Scottish Ministers, the effect provided by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.

Extent

98

• (1) This Act extends to England and Wales and Scotland, except as provided below.

• (2) Sections 54(2) and 93 extend only to England and Wales.

• (3) An amendment made by Schedule 2 or 3 has the same extent as the provision amended (and sections 53(3) and 54(4) accordingly extend to England and Wales, Scotland and Northern Ireland).

• (4) Paragraph 2 of Schedule 5 extends to England and Wales, Scotland and Northern Ireland (and accordingly so does section 81(4)).

• (5) This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement and transitional provision

99

• (1) The preceding Parts come into force on a day appointed by regulations made by the Secretary of State.

• (2) Different days may be appointed for different purposes or areas.

• (3) This Part comes into force on the day on which this Act is passed.

• (4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (5) The power to make regulations under subsection (4) includes power to make different provision for different purposes or areas.

• (6) Regulations under this section are to be made by statutory instrument.

Short title

100

This Act may be cited as the Automated Vehicles Act 2024.

Schedule 1

Part 1 — Unilateral variation, suspension or withdrawal of authorisation

Ordinary procedure

1

• (1) Before varying, suspending or withdrawing an automated vehicle authorisation under section 8(2) or (3), the Secretary of State must—

• (a) issue to the authorised self-driving entity a notice under sub-paragraph (2), and

• (b) consider any representations made by the authorised self-driving entity in response to (and in accordance with) that notice.

• (2) A notice under this sub-paragraph is a notice that—

• (a) states the Secretary of State’s intention to vary, suspend or withdraw the authorisation,

• (b) explains the Secretary of State’s reasons for intending to vary, suspend or withdraw the authorisation, and

• (c) specifies the time by which, and manner in which, representations may be made.

• (3) Sub-paragraph (4) applies if, having complied with sub-paragraph (1), the Secretary of State decides to vary, suspend or withdraw the authorisation.

• (4) The Secretary of State must, in, or in a document issued together with, the notice by which the variation, suspension or withdrawal takes effect, explain the Secretary of State’s reasons for the decision.

Procedure for urgent suspension or temporary variation

2

• (1) If the Secretary of State considers that the need to suspend an automated vehicle authorisation under section 8(2) or (3) is too urgent for the procedure in paragraph 1 to be followed, that paragraph does not apply and sub-paragraphs (2) and (3) apply instead.

• (2) The Secretary of State must—

• (a) in, or in a document issued together with, the notice by which the suspension takes effect—

• (i) explain the Secretary of State’s reasons for suspending the authorisation, and

• (ii) specify the time by which, and manner in which, representations may be made, and

• (b) as soon as reasonably practicable after suspending the authorisation—

• (i) consider any representations made by the authorised self-driving entity in response to (and in accordance with) that notice, and

• (ii) decide whether to lift the suspension.

• (3) If, having complied with sub-paragraph (2), the Secretary of State decides not to lift the suspension, the Secretary of State must issue to the authorised self-driving entity a notice that—

• (a) states the Secretary of State’s decision, and

• (b) explains the Secretary of State’s reasons for the decision.

• (4) The preceding sub-paragraphs apply in relation to temporary variation as they apply in relation to suspension; and for that purpose the references to lifting the suspension are to be read as references to reversing the variation.

Appeals

3

• (1) If an automated vehicle authorisation is varied, suspended or withdrawn under section 8(2) or (3), the authorised self-driving entity may appeal to the Tribunal.

• (2) The grounds on which an appeal may be brought are—

• (a) in a case where the Secretary of State acted under section 8(2) in reliance on section 8(4)(a), that the failure to meet authorisation requirements did not occur;

• (b) in a case where the Secretary of State acted under section 8(2) in reliance on section 8(4)(b), that the commission of a traffic infraction did not occur;

• (c) in a case where the Secretary of State acted under section 8(2) in reliance on section 8(4)(c), that the Secretary of State’s conclusion was based on a mistaken finding of fact;

• (d) that the decision to vary, suspend or withdraw the authorisation was unreasonable;

• (e) that the Secretary of State failed to comply with paragraph 1 or 2, or made some other procedural error, in respect of the variation, suspension or withdrawal.

• (3) If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and—

• (a) direct that the variation, suspension or withdrawal be undone, or

• (b) remit the matter to the Secretary of State with a direction that the Secretary of State consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to undo the variation, suspension or withdrawal.

• (4) Otherwise, the Tribunal must dismiss the appeal.

• (5) Sub-paragraph (6) applies if—

• (a) a direction is made under sub-paragraph (3)(b), and

• (b) by the specified time, the Secretary of State has not undone the variation, suspension or withdrawal.

• (6) The authorised self-driving entity may on application re-open the appeal on any of the original grounds further to which the direction under sub-paragraph (3)(b) was made; and sub-paragraphs (3) and (4) apply again in relation to the grounds on which the appeal is re-opened.

• (7) In this paragraph—

• (a) references to the undoing of a variation, suspension or withdrawal refer—

• (i) in the case of variation, to the reversal of the variation,

• (ii) in the case of suspension, to the lifting of the suspension, or

• (iii) in the case of withdrawal, to the restoration of the withdrawn authorisation;

• (b) references to the authorised self-driving entity include, in the case of a withdrawn authorisation, the person who was the authorised self-driving entity immediately before the withdrawal;

• (c) “the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (8).

• (8) Tribunal Procedure Rules may provide for an appeal under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.

Backstop procedure for cases where authorised self-driving entity defunct

4

• (1) Sub-paragraph (2) applies if the Secretary of State is satisfied, in relation to an authorised automated vehicle, that—

• (a) there is no longer an authorised self-driving entity, or

• (b) the authorised self-driving entity is no longer capable of being issued with a notice under paragraph 1 or 2.

• (2) The Secretary of State may suspend or withdraw the automated vehicle authorisation in question without the agreement of the authorised self-driving entity and without complying with paragraph 1 or 2.

• (3) Section 9(6) does not apply to a suspension or withdrawal in reliance on this paragraph, which instead takes effect—

• (a) when notice of it is published by the Secretary of State, or

• (b) at such later time as is specified in the notice.

• (4) If an automated vehicle authorisation is suspended or withdrawn in reliance on this paragraph, the authorised self-driving entity may appeal to the Tribunal on the ground that the Secretary of State was wrong to be satisfied as described in sub-paragraph (1).

• (5) If satisfied that that ground is made out, the Tribunal must allow the appeal and direct that the suspension or withdrawal be undone; and otherwise the Tribunal must dismiss the appeal.

• (6) Sub-paragraphs (7) and (8) of paragraph 3 apply in relation to sub-paragraphs (4) and (5) of this paragraph as they apply in relation to that paragraph.

Part 2 — Civil sanctions

Notices of intent

5

• (1) Before issuing a compliance notice, redress notice or monetary penalty notice (“the principal notice”) to a regulated body, the Secretary of State must—

• (a) issue to the body a notice of intent, and

• (b) consider any representations made by the body in response to (and in accordance with) that notice.

• (2) A notice of intent is a notice that—

• (a) states the Secretary of State’s intention to issue the principal notice,

• (b) sets out the intended terms of that notice,

• (c) explains the Secretary of State’s reasons for intending to issue that notice, and

• (d) specifies the time by which, and manner in which, representations may be made.

• (3) A notice of intent may also—

• (a) state the Secretary of State’s intention to issue a costs notice in connection with the principal notice, and

• (b) give a general indication of the nature of the costs that the Secretary of State is likely to seek to recover by way of the costs notice.

Costs

6

• (1) If—

• (a) the Secretary of State issues a compliance notice, redress notice or monetary penalty notice (“the principal notice”) to a regulated body, and

• (b) the notice of intent that preceded the principal notice included the contents set out in paragraph 5(3),

the Secretary of State may also issue a costs notice to that body.

• (2) A costs notice is a notice requiring the regulated body to pay a sum specified in the notice to the Secretary of State.

• (3) That sum must be no greater than the total of the costs reasonably incurred by the Secretary of State in connection with the principal notice.

• (4) The costs that may be taken into account for that purpose include—

• (a) costs of investigating the matters to which the principal notice relates,

• (b) administrative costs, and

• (c) costs of obtaining expert advice (including legal advice).

• (5) A costs notice must—

• (a) particularise the costs relied on in arriving at the sum specified in the notice,

• (b) explain (if it is not otherwise apparent) how those costs have been calculated, and

• (c) specify the time by which, and manner in which, the sum must be paid.

• (6) If a sum payable under a costs notice is not paid in time—

• (a) the sum (or the unpaid part of it) carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838;

• (b) the Secretary of State may recover the sum (or the unpaid part of it), with the interest, as a civil debt.

• (7) The cancellation of a compliance notice, redress notice, or monetary penalty notice has the effect of cancelling any costs notice issued in connection with it.

Appeals

7

• (1) A person to whom a compliance notice, redress notice, monetary penalty notice or costs notice is issued may appeal to the Tribunal.

• (2) The grounds on which an appeal may be brought are—

• (a) in the case of a compliance notice or redress notice—

• (i) that the failure to meet requirements, or commission of a traffic infraction, on the grounds of which the notice was issued did not occur, or

• (ii) that the actions specified in the notice, or the time or period specified for taking them, are unreasonable;

• (b) in the case of a monetary penalty notice—

• (i) that the failure to meet requirements, or commission of a traffic infraction, on the grounds of which the notice was issued did not occur, or

• (ii) that the sum or amount specified in the notice, or the time or manner specified for paying it, is unreasonable;

• (c) in the case of a compliance notice, redress notice or monetary penalty notice issued under section 34(2), 35(2) or 36(2), that the commission of a traffic infraction on the grounds of which the notice was issued was caused as described in section 34(3), 35(3) or 36(3);

• (d) in the case of a costs notice—

• (i) that costs relied on in arriving at the sum specified in the notice were not reasonably incurred as described in paragraph 6(3), or

• (ii) that the time or manner specified for payment is unreasonable;

• (e) that the Secretary of State failed to comply with a requirement of paragraph 5, or made some other procedural error, in respect of the notice.

• (3) If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and do whichever of the following it considers appropriate—

• (a) cancel the notice,

• (b) remit the matter to the Secretary of State with a direction that the Secretary of State consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to cancel or vary the notice under section 37(2), or

• (c) if the appeal is allowed on a ground in sub-paragraph (2)(b)(ii) or (d), vary the notice.

• (4) Otherwise, the Tribunal must dismiss the appeal.

• (5) Sub-paragraph (6) applies if a direction is made under sub-paragraph (3)(b) and—

• (a) the Secretary of State varies the notice further to the direction, or

• (b) by the specified time, the Secretary of State has neither varied nor cancelled the notice.

• (6) The person who appealed against the notice may on application re-open the appeal—

• (a) on any of the original grounds further to which the direction under sub-paragraph (3)(b) was made, or

• (b) in the case of a variation, on any further ground within sub-paragraph (2) that arises from the variation;