What this means for you
1. On- the-road-testing of driverless cars does not require legislative change nor will the ordinary rules of the road be altered – a non-statutory Code of Practice is sufficient
2. The responsibility for a safe system of testing sits with the testing organisation but test drivers will remain fully responsible once the vehicle is on the road
3. The Code can be taken into account if an accident occurs but will not of itself determine liability
4. The Code applies to the full range of manned and unmanned test vehicles
The Government has now published its Code of Practice for the testing of driverless cars on UK roads [20 July 2015]. It is a subject much debated as the UK contemplates the significant technological changes for motorists and society envisaged by the Department for Transport, in addition to the huge investment opportunity that it represents for the UK (see “Pathway to Driverless Cars”, February 2015).
How will the Code impact insurers, their brokers and customers?
Day to day, there is little immediate concern but as an indicator of longer term developments it is significant. The technology already exists for driverless vehicles to be on our roads today but in reality there may be no more than a handful. The question is how many may be on the road by 2020, and then by 2030, and how will the legal and regulatory framework evolve to support this fast developing technology?
The Code, which is non-statutory, promotes responsible testing through a “business as usual” approach coupled with clear guidance on expectations for maintaining the safety of all road users. It applies to the full range of test vehicles from smaller automated pods and shuttles, through to cars and heavy duty vehicles and it includes a requirement for compliance with all existing road traffic laws, construction and use regulations, licensing and training needs.
The benefit of the non-statutory approach by the Government is its flexibility and that the current legal and insurance framework is effectively unchanged, allowing those not directly involved to proceed with relative certainty for the time being. Neither observance nor breach of the Code will itself determine liability in the event of an accident.
The scope of the Code does however need to be understood and is as follows:
• It will apply whenever a highly or fully automated vehicle is tested on a public road or in a public place;
• If a fully automated vehicle is tested there must always be a facility for manual control to be resumed at any time;
• Responsibility for the safety of the testing will rest with those organising the testing;
• Responsibility for the safe operation of the vehicle will rest with the test driver or test operator.
Responsible driving is key
The ‘test drivers, operators and assistants’ are expected to have skills over and above conventional drivers and the testing organisation, as any employer would be, is obliged to ensure proper training and guidelines for driver conduct. Test drivers/operators are fully responsible for the safe operation of the vehicle whether it be in automated or manual mode.
All existing laws on driver behaviour will continue to apply even if the vehicle is in a fully automated mode; using the technology will not excuse driving too fast, using a phone or engaging in other distracting activities.
A key section of the Code covers data recording and cyber security. These points only need to be noted for now but are a signpost for future developments:
• The Data Protection Act 1998 applies to the personal data of the test crew
• A minimum data collection requirement is set out, sufficient to determine who or what was controlling the vehicle at any time
• This data “should be provided to the relevant authorities upon request”
• The obvious need for cyber security standards is stated without making compliance mandatory.
The Code holds few surprises, but it reconfirms the critical areas that our legal framework must address if automated vehicle technology is to thrive in the UK. The Government’s review of that framework has started but will not be completed until at least summer 2017.
Nick Rogers is head of motor at BLM, the UK and Ireland’s leading risk and insurance law business.
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