Automated and Electric Vehicles Bill (HC Bill 112)

A

BILL

TO

Make provision about automated vehicles and electric vehicles.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Automated vehicles: liability of insurers etc

1 Listing of automated vehicles by the Secretary of State

(1) The Secretary of State must prepare, and keep up to date, a list of all motor
5vehicles that—

(a) are or might be used on roads or in other public places in Great Britain,
and

(b) are in the Secretary of State’s opinion designed or adapted to be
capable, in at least some circumstances or situations, of safely driving
10themselves.

(2) The list may identify vehicles—

(a) by type,

(b) by reference to information recorded in a registration document issued
under regulations made under section 22 of the Vehicle Excise and
15Registration Act 1994, or

(c) in some other way.

(3) The Secretary of State must publish the list when it is first prepared and each
time it is revised.

(4) In this Part “automated vehicle” means a vehicle listed under this section.

2 20Liability of insurers etc where accident caused by automated vehicle

(1) Where—

(a) an accident is caused by an automated vehicle when driving itself,

Automated and Electric Vehicles BillPage 2

(b) the vehicle is insured at the time of the accident, and

(c) an insured person or any other person suffers damage as a result of the
accident,

the insurer is liable for that damage.

(2) 5Where—

(a) an accident is caused by an automated vehicle when driving itself,

(b) the vehicle is not insured at the time of the accident,

(c) section 143 of the Road Traffic Act 1988 (users of motor vehicles to be
insured or secured against third-party risks) does not apply to the
10vehicle at that time—

(i) because of section 144(2) of that Act (exemption for public
bodies etc), or

(ii) because the vehicle is in the public service of the Crown, and

(d) a person suffers damage as a result of the accident,

15the owner of the vehicle is liable for that damage.

(3) In this Part “damage” means death or personal injury, and any damage to
property other than—

(a) the automated vehicle,

(b) goods carried for hire or reward in or on that vehicle or in or on any
20trailer (whether or not coupled) drawn by it, or

(c) property in the custody, or under the control, of—

(i) the insured person (where subsection (1) applies), or

(ii) the person in charge of the automated vehicle at the time of the
accident (where subsection (2) applies).

(4) 25In respect of damage to property caused by, or arising out of, any one accident
involving an automated vehicle, the amount of the liability under this section
of the insurer or owner of the vehicle is limited to the amount for the time being
specified in section 145(4)(b) of the Road Traffic Act 1988 (limit on compulsory
insurance for property damage).

(5) 30This section has effect subject to section 3.

(6) Except as provided by section 4, liability under this section may not be limited
or excluded by a term of an insurance policy or in any other way.

(7) The imposition by this section of liability on the insurer or vehicle owner does
not affect any other person’s liability in respect of the accident.

3 35Contributory negligence etc

(1) Where—

(a) an insurer or vehicle owner is liable under section 2 to a person (“the
injured party”) in respect of an accident, and

(b) the accident, or the damage resulting from it, was to any extent caused
40by the injured party,

the amount of the liability is subject to whatever reduction under the Law
Reform (Contributory Negligence) Act 1945 would apply to a claim in respect
of the accident brought by the injured party against a person other than the
insurer or vehicle owner.

Automated and Electric Vehicles BillPage 3

(2) The insurer or owner of an automated vehicle is not liable under section 2 to
the person in charge of the vehicle where the accident that it caused was wholly
due to the person’s negligence in allowing the vehicle to begin driving itself
when it was not appropriate to do so.

4 5Accident resulting from unauthorised software alterations or failure to
update software

(1) An insurance policy in respect of an automated vehicle may exclude or limit
the insurer’s liability under section 2(1) for damage suffered by an insured
person arising from an accident occurring as a direct result of—

(a) 10software alterations made by the insured person, or with the insured
person’s knowledge, that are prohibited under the policy, or

(b) a failure to install safety-critical software updates that the insured
person knows, or ought reasonably to know, are safety-critical.

(2) But as regards liability for damage suffered by an insured person who is not
15the holder of the policy, subsection (1)(a) applies only in relation to software
alterations which, at the time of the accident, the person knows are prohibited
under the policy.

(3) Subsection (4) applies where an amount is paid by an insurer under section 2(1)
in respect of damage suffered, as a result of an accident, by someone who is not
20insured under the policy in question.

(4) If the accident occurred as a direct result of—

(a) software alterations made by an insured person, or with an insured
person’s knowledge, that were prohibited under the policy, or

(b) a failure to install safety-critical software updates that an insured
25person knew, or ought reasonably to have known, were safety-critical,

the amount paid by the insurer is recoverable from that person to the extent
provided for by the policy.

(5) But as regards recovery from an insured person who is not the holder of the
policy, subsection (4)(a) applies only in relation to software alterations which,
30at the time of the accident, the person knew were prohibited under the policy.

(6) For the purposes of this section—

(a) “software alterations” and “software updates”, in relation to an
automated vehicle, mean (respectively) alterations and updates to the
vehicle’s software;

(b) 35software updates are “safety-critical” if it would be unsafe to use the
vehicle in question without the updates being installed.

5 Right of insurer etc to claim against person responsible for accident

(1) Where—

(a) section 2 imposes on an insurer, or the owner of a vehicle, liability to a
40person who has suffered damage as a result of an accident (“the injured
party”), and

(b) the amount of the insurer’s or vehicle owner’s liability to the injured
party in respect of the accident (including any liability not imposed by
section 2) is settled,

45any other person liable to the injured party in respect of the accident is under
the same liability to the insurer or vehicle owner.

Automated and Electric Vehicles BillPage 4

(2) For the purposes of this section, the amount of the insurer’s or vehicle owner’s
liability is settled when it is established—

(a) by a judgment or decree,

(b) by an award in arbitral proceedings or by an arbitration, or

(c) 5by an enforceable agreement.

(3) If the amount recovered under this section by the insurer or vehicle owner
exceeds the amount which that person has agreed or been ordered to pay to the
injured party (ignoring so much of either amount as represents interest), the
insurer or vehicle owner is liable to the injured party for the difference.

(4) 10Nothing in this section allows the insurer or vehicle owner and the injured
party, between them, to recover from any person more than the amount of that
person’s liability to the injured party.

(5) For the purposes of—

(a) section 10A of the Limitation Act 1980 (special time limit for actions by
15insurers etc in respect of automated vehicles), or

(b) section 18ZC of the Prescription and Limitation (Scotland) Act 1973
(actions under this section),

the right of action that an insurer or vehicle owner has by virtue of this section
accrues at the time of the settlement referred to in subsection (1)(b).

6 20Application of enactments

(1) Any damage for which a person is liable under section 2 is treated as if it had
been caused—

(a) for the purposes of the Fatal Accidents Act 1976, by that person’s
wrongful act, neglect or default;

(b) 25for the purposes of sections 3 to 6 of the Damages (Scotland) Act 2011
(asp 7) (rights of relatives of a deceased), by that person’s act or
omission;

(c) for the purposes of Part 2 of the Administration of Justice Act 1982
(damages for personal injuries, etc Scotland), by an act or omission
30giving rise to liability in that person to pay damages.

(2) Section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (“the 1976
Act”) has effect for the purposes of section 2 of this Act—

(a) as if a person were answerable to a child in respect of an accident
caused by an automated vehicle when driving itself if the person—

(i) 35is or has been liable under section 2 in respect of any effect of the
accident on a parent of the child, or

(ii) would be so liable if the accident caused a parent of the child to
suffer damage;

(b) as if the provisions of this Part relating to liability under section 2
40applied in relation to liability by virtue of paragraph (a) above under
section 1 of the 1976 Act;

(c) as if subsection (6) of section 1 of the 1976 Act (exclusion of liability)
were omitted.

(3) For the purposes of section 3(1), the Law Reform (Contributory Negligence)
45Act 1945 and section 5 of the Fatal Accidents Act 1976 (contributory
negligence) have effect as if the behaviour of the automated vehicle were the
fault of the person made liable for the damage by section 2 of this Act.

Automated and Electric Vehicles BillPage 5

(4) Liability under section 2 is treated as liability in tort or, in Scotland, delict for
the purposes of any enactment conferring jurisdiction on a court with respect
to any matter.

(5) An insurer or vehicle owner who has a right of action against a person by
5virtue of section 5 does not have a right to recover contribution from that
person under the Civil Liability (Contribution) Act 1978 or under section 3 of
the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

7 Interpretation

(1) For the purposes of this Part—

(a) 10a vehicle is “driving itself” if it is operating in a mode in which it is not
being controlled, and does not need to be monitored, by an individual;

(b) a vehicle is “insured” if there is in force in relation to the use of the
vehicle on a road or other public place in Great Britain a policy of
insurance that satisfies the conditions in section 145 of the Road Traffic
15Act 1988.

(2) In this Part—

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

  • “damage” has the meaning given by section 2(3);

  • “insured person”, in relation to an insured vehicle, means any person
    20whose use of the vehicle is covered by the policy in question;

  • “insurer”, in relation to an insured vehicle, means the insurer under that
    policy.

(3) In this Part—

(a) a reference to an accident includes a reference to two or more causally
25related accidents;

(b) a reference to an accident caused by an automated vehicle includes a
reference to an accident that is partly caused by an automated vehicle.

Part 2 Electric vehicles: charging

30Introductory

8 Definitions

(1) For the purposes of this Part—

(a) “charge point” means a device intended for charging a vehicle that is
capable of being propelled by electrical power derived from a storage
35battery (or for discharging electricity stored in such a vehicle);

(b) “hydrogen refuelling point” means a device intended for refuelling a
vehicle that is capable of being propelled by electrical power derived
from hydrogen;

(c) a charge point or a hydrogen refuelling point is a “public charging
40point” if it is provided for use by members of the general public.

(2) In this Part—

  • “operator”, in relation to a public charging point, has the meaning given
    by regulations;

  • Automated and Electric Vehicles BillPage 6

  • “prescribed” means prescribed by regulations;

  • “vehicle” means a vehicle that is intended or adapted for use on roads.

Requirements and prohibitions

9 Public charging points: access and connection

(1) 5Regulations may impose requirements on operators of public charging points
in connection with—

(a) the method of payment or other way by which access to the use of
public charging points may be obtained;

(b) the components of public charging points that provide the means by
10which vehicles connect to such points (“connecting components”).

(2) Regulations under subsection (1)(a) may require operators—

(a) to provide a prescribed method of payment or verification for obtaining
access to the use of public charging points;

(b) to co-operate with each other for the purposes of a requirement
15imposed by the regulations (for example, by sharing facilities or
information);

(c) to take prescribed steps for the purposes of such a requirement (for
example, to provide information to a prescribed person).

(3) Regulations under subsection (1)(b) may, for example, require the operator of
20a public charging point to ensure that its connecting components comply with
prescribed requirements (which may include technical specifications for
connecting components or any related equipment).

10 Large fuel retailers etc: provision of public charging points

(1) Regulations may impose requirements on—

(a) 25large fuel retailers falling within a prescribed description, or

(b) service area operators falling within a prescribed description,

in connection with the provision on their premises of public charging points.

(2) Regulations under subsection (1) may, for example—

(a) require large fuel retailers or service area operators to provide public
30charging points;

(b) require public charging points to be available for use at prescribed
times;

(c) require services or facilities prescribed by the regulations to be
provided in connection with public charging points.

(3) 35In this section “large fuel retailer” and “service area operator” have the
meaning given by regulations.

11 Information about public charging points

(1) Regulations may require operators of public charging points to make available
prescribed information relating to such points.

(2) 40The information that may be prescribed under subsection (1) in relation to a
public charging point is such information as the Secretary of State considers

Automated and Electric Vehicles BillPage 7

likely to be useful to users or potential users of the point, for example
information about—

(a) the location of the point and its operating hours,

(b) available charging or refuelling options,

(c) 5the cost of obtaining access to the use of the point,

(d) the method of payment or other way by which access to the use of the
point may be obtained,

(e) means of connection to the point,

(f) whether the point is in working order, and

(g) 10whether the point is in use.

(3) The regulations may make provision—

(a) about when, how, to whom and in what form the information is to be
made available;

(b) for the information to be made available without restrictions on its use
15and disclosure.

(4) The regulations may be made so as to have effect for a prescribed period.

12 Smart charge points

(1) Regulations may provide that a person must not sell or install a charge point
unless it complies with prescribed requirements.

(2) 20The requirements that may be imposed under subsection (1) include
requirements relating to the technical specifications for a charge point,
including for example the ability of a charge point—

(a) to receive and process information provided by a prescribed person,

(b) to react to information of a kind mentioned in paragraph (a) (for
25example, by adjusting the rate of charging or discharging),

(c) to transmit information (including geographical information) to a
prescribed person,

(d) to monitor and record energy consumption,

(e) to comply with requirements relating to security,

(f) 30to achieve energy efficiency, and

(g) to be accessed remotely.

(3) Regulations under subsection (1) may also prescribe requirements to be met in
relation to the sale or installation of a charge point.

(4) In this section—

(a) 35“sell” includes let on hire, lend or give;

(b) references to a prescribed person include references to—

(i) a person of a prescribed description, and

(ii) a device operated by one or more prescribed persons.

General and supplementary

13 40Enforcement

(1) Regulations under this Part may make provision for enforcement in connection
with a contravention of a requirement or prohibition imposed by the
regulations.

Automated and Electric Vehicles BillPage 8

(2) Regulations made by virtue of subsection (1) may, for example—

(a) contain provision for determining whether there has been a failure to
comply with a requirement or prohibition;

(b) provide for the imposition of a financial penalty (and for the payment of
5such a penalty into the Consolidated Fund
);

(c) set out the procedure to be followed in imposing a penalty;

(d) make provision about the amount of a penalty;

(e) make provision about the enforcement of a penalty;

(f) provide for a right of appeal against the imposition of a penalty;

(g) 10provide for a determination for the purposes of the regulations to be
made by the Secretary of State or a prescribed person.

(3) The provision referred to in subsection (2)(a) includes provision authorising
prescribed persons to enter any land, in accordance with the regulations, for
the purpose of inspecting a public charging point on the land.

14 15Exceptions

(1) Regulations under this Part may create exceptions from any requirement or
prohibition imposed by the regulations.

(2) An exception may be created in relation to a prescribed description of persons
or public charging points.

(3) 20The Secretary of State may determine that a requirement or prohibition
imposed by regulations under this Part does not apply in relation to a person
or public charging point specified in the determination.

(4) The Secretary of State must publish a determination made under subsection
(3).

15 25Regulations

(1) Regulations under this Part —

(a) may make different provision for different purposes or different areas;

(b) may make supplemental, incidental, transitional or consequential
provision.

(2) 30A power to make regulations under this Part is exercisable by the Secretary of
State by statutory instrument.

(3) Before making regulations under this Part, the Secretary of State must consult
such persons as the Secretary of State considers appropriate.

(4) Subject to subsection (6), where—

(a) 35a statutory instrument contains regulations under this Part, and

(b) any of those regulations are the first regulations under a provision of
this Part,

the instrument may not be made unless a draft of it has been laid before
Parliament and approved by a resolution of each House.

(5) 40A statutory instrument containing regulations under this Part, none of which
are the first regulations under a provision of this Part, is subject to annulment
in pursuance of a resolution of either House of Parliament.

(6) Where regulations contain only provision made by virtue of—

Automated and Electric Vehicles BillPage 9

(a) section 9(3) (prescribed requirements for connecting components), or

(b) section 12 (prescribed requirements for charge points),

the instrument containing the regulations is subject to annulment in pursuance
of a resolution of either House of Parliament.

5Part 3 Miscellaneous and general

16 Minor and consequential amendments

(1) The Schedule (minor and consequential amendments) has effect.

(2) The Secretary of State may by regulations make provision that is consequential
10on any provision made by this Act.

(3) The power to make regulations under this section is exercisable by statutory
instrument.

(4) Regulations under this section may amend any enactment passed or made
before this Act or in the same Session.

(5) 15A statutory instrument containing regulations under this section any of which
amend primary legislation may not be made unless a draft of the instrument
has been laid before Parliament and approved by a resolution of each House.

(6) A statutory instrument containing regulations under this section none of
which amends primary legislation is subject to annulment in pursuance of a
20resolution of either House of Parliament.

(7) In this section—

  • “amend” includes repeal or revoke;

  • “primary legislation” means—

    (a)

    an Act of Parliament;

    (b)

    25an Act of the Scottish Parliament;

    (c)

    an Act or Measure of the National Assembly for Wales;

    (d)

    Northern Ireland legislation.

17 Commencement

(1) This Act comes into force on whatever day or days the Secretary of State
30appoints by regulations.

(2) Subsection (1) does not apply to the following provisions of this Act (which
come into force on the day on which this Act is passed)—

(a) section 16(2) to (7);

(b) this section;

(c) 35sections 18 and 19.

(3) The power to make regulations under this section is exercisable by statutory
instrument.

(4) Regulations under this section—

(a) may appoint different days for different purposes or different areas;

(b) 40may make transitional, transitory or saving provision.