Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 14 March 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Public Bill Committee


 

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withdrawn amendments at the end.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 Order of the Committee [14 March 2017].

 


 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

17

 

Parliamentary Star - white    

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.

 



 
 

Notices of Amendments: 14 March 2017                  

2

 

Vehicle Technology and Aviation Bill, continued

 
 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

18

 

Parliamentary Star - white    

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 - white    

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 - white    

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

 

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 - white    

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 - white    

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

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.


 
 

Notices of Amendments: 14 March 2017                  

3

 

Vehicle Technology and Aviation Bill, continued

 
 

Andy McDonald

 

Richard Burden

 

Vicky Foxcroft

 

21

 

Parliamentary Star - white    

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 - white    

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 - white    

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

 

Mr Steve Baker

 

5

 

Parliamentary Star - white    

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

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.

 

Mr Steve Baker

 

6

 

Parliamentary Star - white    

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 - white    

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

 

Member’s explanatory statement

 

See explanatory statement for amendment 1.

 



 
 

Notices of Amendments: 14 March 2017                  

4

 

Vehicle Technology and Aviation Bill, continued

 
 

Mr Steve Baker

 

8

 

Parliamentary Star - white    

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 - white    

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 - white    

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.

 


 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

11

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 14 March 2017                  

5

 

Vehicle Technology and Aviation Bill, continued

 
 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

13

 

Parliamentary Star - white    

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 - white    

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 - white    

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

 

(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 - white    

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.

 



 
 

Notices of Amendments: 14 March 2017                  

6

 

Vehicle Technology and Aviation Bill, continued

 
 

Mr Steve Baker

 

10

 

Parliamentary Star - white    

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 - white    

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 - white    

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.

 

(2)    

These regulations must make provision for—

 

(a)    

the format and content of the data recorded by automated vehicles,

 

(b)    

how such data may be shared between interested parties, and

 

(c)    

any limitation that should be placed on how that data can be shared or

 

used.

 

(3)    

Where a statutory instrument contains the first regulations made under this

 

section, the instrument may not be made unless a draft of it has been laid before

 

Parliament and approved by a resolution of each House.

 

(4)    

A statutory instrument containing regulation under this section, that is not the first

 

such regulation made under this section, is subject to annulment in pursuance of

 

a resolution of either House of Parliament.”

 



 
 

Notices of Amendments: 14 March 2017                  

7

 

Vehicle Technology and Aviation Bill, continued

 
 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

NC3

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Strategy for encouraging uptake of electric vehicles

 

The Secretary of State must, within 12 months, lay a report before Parliament

 

setting out a strategy to further encourage the uptake of electric vehicles in the

 

United Kingdom.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to bring forward a broader Government

 

strategy to address the issue of encouraging the uptake of electric vehicles in the United Kingdom.

 


 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

NC4

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Air pollution and vehicle technology

 

The Secretary of State must, within 12 months, lay a report before Parliament

 

setting out a strategy for using vehicle technologies, including electric vehicles,

 

to contribute to meeting Government ambitions relating to air pollution and the

 

UK’s climate change obligations.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to bring forward a strategy for using vehicle

 

technology to address the issue of air pollution in the UK.

 


 

Richard Burden

 

Andy McDonald

 

Vicky Foxcroft

 

NC5

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Review of regulations in Part 2

 

(1)    

Within 12 months, and once in each 12 month period thereafter, the Secretary of

 

State must lay a report before Parliament on the regulations made using powers

 

granted in Part 2 of this Act.

 

(2)    

The report must consider—

 

(a)    

the effectiveness of the regulations,

 

(b)    

the impact the regulations are having on public charge point operators,

 

(c)    

the impact the regulations are having on fuel retailers,

 

(d)    

the impact the regulations are having on the National Grid, and


 
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Revised 14 March 2017