Automated and Electric Vehicles Bill (HC Bill 112)

18 Extent

(1) Part 1 extends to England and Wales and Scotland.

(2) Part 2 extends to England and Wales, Scotland and Northern Ireland.

(3) An amendment made by the Schedule has the same extent as the provision to
5which it relates.

19 Short title

This Act may be cited as the Automated and Electric Vehicles Act 2017.

Section 16

Schedule Minor and consequential amendments

Prescription and Limitation (Scotland) Act 1973 (c. 52)1973 (c. 52)

1 In section 17 of the Prescription and Limitation (Scotland) Act 1973 (actions
5in respect of personal injuries not resulting in death), after subsection (1)
insert—

“(1A) This section does not apply to an action of damages in respect of
personal injuries to which section 18ZA applies.””

2 In section 18 of that Act (actions where death has resulted from personal
10injuries), after subsection (1) insert—

“(1A) This section does not apply to an action of damages in respect of
personal injuries or death to which section 18ZA applies.””

3 After that section insert—

“18ZA Actions under section 2 of the Automated and Electric Vehicles Act
152017

(1) This section applies to an action of damages under section 2 of the
2017 Act (liability of insurers etc where accident caused by
automated vehicle).

(2) An action may not be brought after the expiry of the period of 3 years
20beginning with—

(a) the date of the accident mentioned in subsection (1) or (as the
case may be) subsection (2) of that section, or

(b) where subsection (3) applies, the date on which the person
who sustained the injuries first became aware of the facts
25mentioned in subsection (4) (if later).

(3) This subsection applies where the damages claimed consist of or
include damages in respect of personal injuries (to the pursuer or any
other person).

(4) The facts are—

(a) 30that the injury in question was significant;

(b) that the injury was attributable in whole or in part to an
accident caused by an automated vehicle when driving itself;
and

(c) the identity of the insurer of the vehicle (in the case of an
35action under section 2(1) of the 2017 Act) or the owner of the
vehicle (in the case of an action under section 2(2) of that Act).

(5) Expressions used in subsection (4) that are defined for the purposes
of Part 1 of the 2017 Act have the same meaning in that subsection as
in that Part.

(6) In the computation of the period specified in subsection (2) above
any time during which the person who sustained the injuries was
under legal disability by reason of nonage or unsoundness of mind
is to be disregarded.

(7) 5If a person injured in the accident dies before the expiry of the period
mentioned in subsection (2) above, an action may not be brought
after the expiry of the period of 3 years beginning with—

(a) the date of death of the person, or

(b) where subsection (3) applies, the date on which the pursuer
10first became aware of the facts mentioned in subsection (4) (if
later).

(8) Where an action has not been brought before the expiry of the period
mentioned in subsection (2) above and the person subsequently dies
in consequence of injuries sustained in the accident, an action may
15not be brought in respect of those injuries or that death.

(9) Subsection (10) applies if a person injured in the accident dies and
the person seeking to bring the action is a relative of the deceased.

(10) In the computation of the period specified in subsection (7) any time
during which the relative was under legal disability by reason of
20nonage or unsoundness of mind is to be disregarded.

(11) In this section—

• “the 2017 Act” means the Automated and Electric Vehicles Act
  2017;

• “relative” has the same meaning as in the Damages (Scotland)
  25Act 2011.

18ZB Section 18ZA: extension of limitation periods

(1) Subsection (2) applies where a person would be entitled, but for
section 18ZA, to bring an action other than one in which the damages
claimed are confined to damages for loss of or damage to property.

(2) 30The court may, if it seems to it equitable to do so, allow the person to
bring the action despite that section.

18ZC Actions under section 5 of the Automated and Electric Vehicles Act
2017

(1) Subsection (2) applies where, by virtue of section 5 of the Automated
35and Electric Vehicles Act 2017 (right of insurer etc to claim against
person responsible for accident), an insurer or vehicle owner
becomes entitled to bring an action against any person.

(2) The action may not be brought after the expiry of the period of 2
years beginning with the date on which the right of action accrued
40(under subsection (5) of that section).””

4 In section 19CA of that Act (interruption of limitation period: arbitration), in
subsection (1), after “18(2),” insert “18ZA(2) or (7), 18ZC(2),”.

5 In section 19F of that Act (extension of limitation periods: cross-border
mediation), in subsection (1), after “18,” insert “18ZA, 18ZC,”.

6 In section 22 of that Act (interpretation of Part 2 and supplementary
provisions), in subsection (2)—

(a) for “or 18A” substitute “, 18A or 18ZA”;

(b) after “the said section 18A” insert “or subsection (3) or (7)(b) of the
5said section 18ZA”.

7 In Schedule 1 to that Act (obligations affected by prescriptive periods of 5
years under section 6), in paragraph 2, after sub-paragraph (g) insert—

“(ga) to any obligation to make reparation arising from liability
under section 2 of the Automated and Electric Vehicles Act
102017 (liability of insurer etc. where accident caused by
automated vehicle);”.”

Limitation Act 1980 (c. 58)1980 (c. 58)

8 In section 9 of the Limitation Act 1980 (time limit for actions for sums
recoverable by statute), in subsection (2), after “section 10” insert “or 10A”.

9 15After section 10 of that Act insert—

“10A Special time limit for actions by insurers etc in respect of automated
vehicles

(1) Where by virtue of section 5 of the Automated and Electric Vehicles
Act 2017 an insurer or vehicle owner becomes entitled to bring an
20action against any person, the action shall not be brought after the
expiration of two years from the date on which the right of action
accrued (under subsection (5) of that section).

(2) An action referred to in subsection (1) shall be one to which sections
32, 33A and 35 of this Act apply, but otherwise Parts 2 and 3 of this
25Act (except sections 37 and 38) shall not apply for the purposes of this
section.””

10 In the italic heading before section 11 of that Act, after “personal injuries or
death” insert “etc”.

11 After section 11A of that Act insert—

“11B 30Actions against insurers etc of automated vehicles

(1) None of the time limits given in the preceding provisions of this Act
shall apply to an action for damages under section 2 of the
Automated and Electric Vehicles Act 2017 (liability of insurer etc
where accident caused by automated vehicle).

35But this subsection does not affect the application of section 5A of
this Act.

(2) An action for damages against an insurer under subsection (1) of
section 2 of the Automated and Electric Vehicles Act 2017 (including
an action by an insured person under a contract of insurance in
40respect of the insurer’s obligations under that section) shall not be
brought after the expiration of the period of three years from—

(a) the date of the accident referred to in that subsection; or

(b) where subsection (3) below applies, the date of knowledge of
the person injured (if later).

(3) This subsection applies where the damages claimed consist of or
include damages in respect of personal injuries (to the claimant or
any other person).

(4) An action for damages against the owner of a vehicle under
5subsection (2) of that section shall not be brought after the expiration
of the period of three years from—

(a) the date of the accident referred to in that subsection; or

(b) where subsection (3) above applies, the date of knowledge of
the person injured (if later).

(5) 10If a person injured in the accident dies before the expiration of the
period mentioned in subsection (2) or (4) above, the period
applicable as respects the cause of action surviving for the benefit of
the person’s estate by virtue of section 1 of the Law Reform
(Miscellaneous Provisions) Act 1934 shall be three years from—

(a) 15the date of death; or

(b) where subsection (3) above applies, the date of the personal
representative’s knowledge (if later).

(6) If there is more than one personal representative, and their dates of
knowledge are different, subsection (5)(b) above shall be read as
20referring to the earliest of those dates.

(7) In this section “personal representative” has the same meaning as in
section 11 of this Act.””

12 In section 12 of that Act (special time limit for actions under Fatal Accidents
legislation), in subsection (1), for “or 11A” substitute “, 11A or 11B”.

13 (1) 25Section 14 of that Act (definition of date of knowledge for purposes of
sections 11 and 12) is amended as follows.

(2) In the heading, for “sections 11 and 12” substitute “sections 11 to 12”.

(3) In subsection (1), for “subsection (1A)” substitute “subsections (1A) and
(1B)”.

(4) 30After subsection (1A) insert—

“(1B) In section 11B of this Act and in section 12 of this Act so far as that
section applies to an action by virtue of section 6(1)(a) of the
Automated and Electric Vehicles Act 2017 (“the 2017 Act”) (death
caused by automated vehicle) references to a person’s date of
35knowledge are references to the date on which he first had
knowledge of the following facts—

(a) that the injury in question was significant; and

(b) that the injury was attributable in whole or in part to an
accident caused by an automated vehicle when driving itself;
40and

(c) the identity of the insurer of the vehicle (in the case of an
action under section 2(1) of the 2017 Act) or the owner of the
vehicle (in the case of an action under section 2(2) of that Act).

Expressions used in this subsection that are defined for the purposes
45of Part 1 of the 2017 Act have the same meaning in this subsection as
in that Part.””

14 In section 28 of that Act (extension of limitation period in case of disability),
in subsection (6), after “section 11” insert “, 11B”.

15 (1) Section 32 of that Act (postponement of limitation period in case of
concealment etc) is amended as follows.

(2) 5In subsection (1), for “and (4A)” substitute “, (4A) and (4B)”.

(3) After subsection (4A) insert—

“(4B) Subsection (1) above shall not apply in relation to the time limit
prescribed by section 11B(2) or (4) of this Act or in relation to that
time limit as applied by virtue of section 12(1) of this Act.””

16 (1) 10Section 33 of that Act (discretionary exclusion of time limit) is amended as
follows.

(2) In subsection (1), in paragraph (a), for “or 11A” substitute “, 11A, 11B”.

(3) After subsection (1A) insert—

“(1B) Where the damages claimed are confined to damages for loss of or
15damage to any property, the court shall not under this section
disapply any provision in its application to an action under section 2
of the Automated and Electric Vehicles Act 2017.””

(4) In subsections (2) and (4), for “or subsection (4) of section 11A” substitute
“, 11A(4) or 11B(2) or (4)”.

(5) 20In subsection (3)(b), after “section 11A” insert “, by section 11B”.

(6) In subsection (8), for “or 11A” substitute “, 11A or 11B”.

Road Traffic Act 1988 (c. 52)1988 (c. 52)

17 In section 143 of the Road Traffic Act 1988 (users of motor vehicles to be
insured or secured against third-party risks), after subsection (1) insert—

“(1A) 25In the application of this Part to automated vehicles—

(a) subsection (1) above has effect with the omission of the words
“or such a security in respect of third party risks” in
paragraphs (a) and (b);

(b) this Part has effect with the omission of sections 146 and
30147(2);

(c) any other references to a security or certificate of security in
this Act are to be ignored.””

18 In section 144 of that Act (exceptions from requirement of third-party
insurance etc), in subsection (1), after “does not apply to a vehicle” insert
35“, other than an automated vehicle,”.

19 (1) Section 145 of that Act (requirements in respect of policies of insurance) is
amended as follows.

(2) After subsection (3) insert—

“(3A) In the case of an automated vehicle, the policy must also provide for
40the insurer’s obligations to an insured person under section 2(1) of
the Automated and Electric Vehicles Act 2017 (liability of insurers etc

where accident caused by automated vehicle) to be obligations under
the policy.”

(3) At the end of subsection (4) insert—

““Paragraph (a) does not apply where the vehicle in question is an
5automated vehicle.””

20 In section 161 of that Act (interpretation), in subsection (1), at the
appropriate place insert—

• “““automated vehicle” means a means a vehicle listed by the
  Secretary of State under section 1 of the Automated and
  10Electric Vehicles Act 2017,”.”

21 In section 162 of that Act (index to Part 6), at the appropriate place in the
table insert—