Session 2016-17
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1

 

House of Commons

 
 

Tuesday 14 March 2017

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1-21, NC1-NC10

 

Vehicle Technology and Aviation Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 13 March (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 14

 

March) meet—

 

(a)  

at 2.00 pm on Tuesday 14 March; 

 

(b)  

at 11.30 am and 2.00 pm on Thursday 16 March;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 21 March;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 23 March;

 

(2)  

the Committee shall hear oral evidence on Tuesday 14 March in accordance

 

with the following Table:

 

TABLE

 

Time

Witness

 
 

Until no later than 10.25 am

Automated Driving Insurers Group;

 
  

Society of Motor Manufacturers and

 
  

Traders; RAC Foundation; TRL

 
 

Until no later than 11.25 am

National Grid; UK Electric Vehicle Supply

 
  

Equipment Association; Quentin Willson,

 
  

motoring journalist

 
 

Until no later than 3.00 pm

The Institute of the Motor Industry;

 
  

Downstream Fuel Association;

 
  

Association of Convenience Stores

 
 

Until no later than 3.45 pm

Association of British Insurers; Centre for

 
  

Connected and Autonomous Vehicles

 
 

Until no later than 4.30 pm

Civil Aviation Authority; Association of

 
  

British Travel Agents

 
 

Until no later than 5.30 pm

British Airlines Pilots Association;

 
  

Metropolitan Police; National Police Air

 
  

Services; UK Flight Safety Committee

 

 
 

Public Bill Committee: 14 March 2017                  

2

 

Vehicle Technology and Aviation Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 16; Schedules 1 and 2; Clause 17; Schedules 3

 

and 4; Clauses 18 to 24; Schedule 5; Clauses 25 to 27; new Clauses; new

 

Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 23 March.

 

Mr John Hayes has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

Mr John Hayes

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

 

 


 

Mr John Hayes

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 



 
 

Public Bill Committee: 14 March 2017                  

3

 

Vehicle Technology and Aviation Bill, continued

 
 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

17

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  at end insert—

 

“(1A)    

The Secretary of State must consult on and publish the criteria that they will use

 

to determine whether, in their opinion, a motor vehicle is designed or adapted to

 

be capable, in at least some circumstances or situations, of safely driving

 

themselves without having to be monitored by an individual.

 

(1B)    

The Secretary of State may not change the criteria until further consultation has

 

taken place with vehicle manufacturers, insurers and other such persons as the

 

Secretary of State considers appropriate.”

 

Member’s explanatory statement

 

This amendment requires the Government to consult on and publish criteria for the definition of

 

“automated vehicles” that will be used by the Secretary of State.

 


 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

18

 

Parliamentary Star    

Clause  2,  page  2,  line  18,  leave out “owner of the vehicle” and insert “person in

 

charge of the vehicle at the time of the accident”

 

Member’s explanatory statement

 

This amendment ensures that the person who was in charge of the vehicle at the time of the

 

accident is liable, rather than the owner of the vehicle who may not necessarily have been in the

 

vehicle at the time. However “person in charge of the vehicle at the time of the accident” can also

 

include the owner of the vehicle if they were in charge of it at the time.

 


 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

19

 

Parliamentary Star    

Clause  3,  page  3,  line  6,  at end insert—

 

“(3)    

The Secretary of State may by regulations define when it is and is not appropriate

 

for a person in charge of the vehicle to allow the vehicle to drive itself.”

 

Member’s explanatory statement

 

This amendment requires the Government to provide regulatory guidance for when it is and is not

 

appropriate for a person to allow an automated vehicle to drive itself.

 


 

Mr Steve Baker

 

1

 

Parliamentary Star    

Clause  4,  page  3,  line  12,  leave out “operating system” and insert “software”

 

Member’s explanatory statement

 

This amendment replaces “operating system” which is too narrow a term. A vehicle may have


 
 

Public Bill Committee: 14 March 2017                  

4

 

Vehicle Technology and Aviation Bill, continued

 
 

firmware which is software in non-volatile memory, an operating system which is software in

 

volatile memory, and application software.

 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

20

 

Parliamentary Star    

Clause  4,  page  3,  line  15,  leave out “vehicle’s operating system” and insert

 

“application software related to the vehicle’s automated function”.

 

Member’s explanatory statement

 

This amendment makes clear that insurance liability is limited or excluded where damage is

 

suffered following an accident as a result of failure to update the application software related to

 

the vehicle’s automated function, rather than the whole operating system.

 

Mr Steve Baker

 

2

 

Parliamentary Star    

Clause  4,  page  3,  line  15,  leave out “’s operating system”

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.

 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

21

 

Parliamentary Star    

Clause  4,  page  3,  line  17,  at end insert “, provided that the vehicle manufacturer has

 

made all reasonable efforts to—

 

(i)    

notify the owner of a vehicle about the need for an update of the

 

vehicle’s operating system,

 

(ii)    

provide the relevant update of the vehicle’s operating system to

 

the owner or insured person, and

 

(iii)    

arrange for the installation and update of the vehicle’s operating

 

system.”

 

Member’s explanatory statement

 

This amendment ensures that manufacturers have made all reasonable efforts to provide an update

 

to the vehicle’s system for the owner before placing liability on the owner for not updating the

 

software.

 

Mr Steve Baker

 

3

 

Parliamentary Star    

Clause  4,  page  3,  line  20,  leave out “operating system” and insert “software”

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.

 

Mr Steve Baker

 

4

 

Parliamentary Star    

Clause  4,  page  3,  line  23,  after “install software updates” add “to the vehicle”

 

Mr Steve Baker

 

5

 

Parliamentary Star    

Clause  4,  page  3,  line  29,  leave out “operating system” and insert “software”

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.


 
 

Public Bill Committee: 14 March 2017                  

5

 

Vehicle Technology and Aviation Bill, continued

 
 

Mr Steve Baker

 

6

 

Parliamentary Star    

Clause  4,  page  3,  line  32,  leave out “’s operating system”

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.

 

Mr Steve Baker

 

7

 

Parliamentary Star    

Clause  4,  page  3,  line  39,  leave out “operating system” and insert “software

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.

 


 

Mr Steve Baker

 

8

 

Parliamentary Star    

Clause  7,  page  5,  line  31,  at end insert ““software” in relation to an insured vehicle,

 

means those components of the vehicle’s computer system that are intangible rather than

 

physical, however stored.”

 

Member’s explanatory statement

 

This amendment would add a definition of software.

 


 

Mr Steve Baker

 

9

 

Parliamentary Star    

Clause  8,  page  6,  line  5,  leave out “electrical”

 

Member’s explanatory statement

 

This amendment would allow the Bill to cover hydrogen fuel used to power internal combustion

 

engines.

 


 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

12

 

Parliamentary Star    

Clause  9,  page  6,  line  33,  at end insert—

 

“(4)    

The Secretary of State must consult charge point operators and vehicle

 

manufacturers on the prescribed requirements for connecting components (before

 

regulations under subsection 9(1b) are made).”

 

Member’s explanatory statement

 

This amendment requires consultation with charge point operators and vehicle manufacturers on

 

the requirements for connecting components for the charging of electric vehicles.

 



 
 

Public Bill Committee: 14 March 2017                  

6

 

Vehicle Technology and Aviation Bill, continued

 
 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

11

 

Parliamentary Star    

Clause  10,  page  7,  line  2,  at end insert—

 

“(2A)    

Regulations under subsection (1) must provide exemptions for retailers and

 

operators in instances where adhering to such regulations would—

 

(a)    

require an expansion of land, or

 

(b)    

result in any other disproportionate costs for retailers and operators.”

 

Member’s explanatory statement

 

This amendment ensures that there are exemptions for operators with limited forecourt space who

 

are unable to accommodate public charging points without an expansion of land and that retailers

 

and operators do not incur disproportionate costs for complying with regulations.

 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

13

 

Parliamentary Star    

Clause  10,  page  7,  line  4,  at end insert—

 

“(4)    

The Secretary of State must publish, in draft, the criteria and definition of “large

 

fuel retailers” and “service area operators” at least six months before regulations

 

under subsection 10(3) are made.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to consult on and publish criteria to be used

 

for the definitions of “large fuel retailers” and “service area operators”. This will make clear to

 

the industry which kinds of companies are covered by these regulations.

 


 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

14

 

Parliamentary Star    

Clause  12,  page  7,  line  38,  after “security” insert “and provide safeguards against

 

hacking”

 

Member’s explanatory statement

 

This amendment clarifies that smart charge points must have measures in place to safeguard

 

against the risk of being hacked.

 


 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

15

 

Parliamentary Star    

Clause  15,  page  9,  line  1,  leave out from “consult” to end and insert—

 

“(a)    

the National Grid,

 

(b)    

large fuel retailers and service area operators as defined under section 10,

 

and


 
 

Public Bill Committee: 14 March 2017                  

7

 

Vehicle Technology and Aviation Bill, continued

 
 

(c)    

any other such persons as the Secretary of State considers appropriate.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to consult specifically with the National

 

Grid, large fuel retailers and service area operators before introducing regulations.

 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

16

 

Parliamentary Star    

Clause  15,  page  9,  leave out line 14

 

Member’s explanatory statement

 

This amendment makes the first regulations made under section 12 subject to an affirmative

 

resolution.

 


 

Mr Steve Baker

 

10

 

Parliamentary Star    

Clause  22,  page  17,  line  9,  leave out “five” and insert “ten”

 

Member’s explanatory statement

 

This amendment would increase the maximum term of imprisonment from five years to 10 years

 

for conviction on indictment for the offence of shining or directing a laser at a vehicle.

 


 

New Clauses

 

Sir Greg Knight

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Automated vehicles and criminal liability

 

(1)    

Where a road traffic offence is committed by an automated vehicle which is

 

driving itself, neither the owner of the vehicle nor the occupant who would be

 

deemed to be in charge of the vehicle, shall be liable for the offence unless the

 

following condition applies.

 

(2)    

The condition is that the owner or occupant of the vehicle knew, or ought

 

reasonably to have known, before the journey began that an offence was likely to

 

be committed.”

 


 

Sir Greg Knight

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Access to driving log and recorded data

 

(1)    

The Secretary of State must set out in regulations a system for owning, recording,

 

monitoring and accessing data produced by automated vehicles.


 
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Revised 14 March 2017