This is a House of Commons Committee Special Report
The Transport Committee published its Seventh Report of Session 2022–23, Self-driving vehicles (HC 519) on 15 September 2023. The Government response was received on 13 November 2023 and is appended below.
Introduction
The Government thanks the Transport Select Committee for undertaking its inquiry into self-driving vehicles and welcomes the Select Committee’s report.
The Government welcomes the Committee’s view that it broadly accepts the Government strategy for self-driving vehicles with their benefit being “obvious”, and its welcome for self-driving vehicles. The Government is grateful that the committee shares its own view that safety is a key priority, and that the introduction of self-driving vehicles must be handled to ensure that safety and other benefits are realised.
On 19 August 2022, the Government published its white paper ‘Connected & Automated Mobility 2025: Realising the benefits of self-driving vehicles in the UK’ (CAM 2025), which sets out the Government’s plan for the introduction of self-driving vehicles onto our roads.
The Government welcomes the Committee’s recognition of the world-leading work that has been done on self-driving vehicles and future legislative frameworks for them. This work includes the ground-breaking four-year review of legislation by the Law Commission of England and Wales and the Scottish Law Commission (the Law Commissions), which involved extensive consultation with self-driving stakeholders, including manufacturers, insurers, academics, and civil society.
The Government continues to work with industry, trade bodies, road safety groups, accessibility champions and other stakeholders on delivering the CAM 2025 strategy. To support this, the Government and industry have jointly invested £600 million since 2015 in over 100 research and development projects. This investment includes a £100 million budget allocated for projects between 2022 and 2025. Of this, £66 million is focused on helping industry to commercialise self-driving technologies. This funding was awarded across seven projects through the Commercialising CAM programme to a range of shared mobility and self-driving freight services.
Safety is a high priority in all forms of transport and self-driving vehicles are no exception. This is why the Government has jointly funded £200 million in testing infrastructure to create a world-leading Connected and Automated Vehicle (CAV) testing ecosystem and also dedicated £34 million dedicated to the safety and security of self-driving technologies.
The Government understands the importance of the integration of self-driving technologies and vehicles into the wider transport system and supply chain. The Government has therefore made available £18.5 million to UK companies to strengthen the capabilities of the UK’s CAM supply chain, and £1.5 million to fund feasibility studies into the use of CAM as part of mass transit solutions.
Overall, at least £476 million in direct industry investment and an estimated 1,465 jobs have already been generated in the UK CAM sector between 2018 and 2022.1 The Government continues to build the foundation for a projected £42 billion sector, recognises that it has the potential to address many of the known transport issues for both urban and rural areas, including increased accessibility and a better transport experience for all road users.
The Government’s responses to the Committee’s recommendations are set out below:
Recommendation 1:
In principle we welcome the introduction of self-driving vehicles, but the Government must take a cautious, gradual approach with the technology introduced only in well-defined and appropriate contexts. As such, we broadly welcome the strategy the Government has set out. However, without careful handling, self-driving vehicles could worsen congestion and exacerbate existing inequalities in transport access. The Government must ensure the introduction of self-driving vehicles is responsive to the wider population and meets the UK’s transport goals. (Paragraph 35)
The Government accepts this recommendation.
The Government’s CAM 2025 white paper recognised the importance of delivering the social benefits of self-driving vehicles and working to avoid potential negative consequences. In particular, it recognised the need to support implementation in line with the Future of Transport principles, to develop CAM with the public, and to integrate with wider transport networks.
As with other new vehicles and technologies, it is expected that the uptake of self-driving vehicles will be gradual and that they will make up only a small proportion of vehicles on the road for a number of years. This uptake period provides an opportunity for the Government to learn from trials and early deployments, and to adapt its plans. It also provides the public with a period of time within which to adjust to this new technology.
The self-driving vehicles safety framework, which is set out in the recently announced Automated Vehicles Bill, makes it clear that self-driving systems will be assessed for use in well-defined locations and circumstances. This is essential to ensure their safe and proper deployment.
CAM 2025 highlighted how the Future of Transport principles apply to self-driving vehicles. This includes consideration of access and congestion. The Government is committed to ensuring that CAM services are available to all parts of the UK and across society. In support of this, the Government’s Centre for Connected and Autonomous Vehicle’s (CCAV) latest funding round (Commercialising Connected and Automated Mobility (CCAM)) was focussed on shared services and logistics. Further to this, CCAV awarded £1.5 million in funding for feasibility studies which consider the part which self-driving vehicles can and should play in mass transit.
The Automated Vehicles Bill also considers equality in the provision of passenger services. In deciding whether to grant an automated passenger service permit, government must have regard to how the service will meet the needs of disabled and older persons. The permit scheme is designed to support learning and improvements over time. Accessibility needs are also part of more detailed research being undertaken as part of the Government’s safety assurance programme (Connected and Automated Vehicles: Process for Assuring Safety and Security (CAVPASS)), involving stakeholders such as the Disabled Persons Transport Advisory Committee (DPTAC).
Public support and acceptance of self-driving vehicles will be essential to their success. The Government’s programme of social and behavioural research is designed to explore and understand the expectations and needs of the public in relation to self-driving vehicles. The results will be fed into policy development and planning.
Recommendation 2:
While it is widely assumed that self-driving vehicles will prove safer than human drivers, this is not a given. Optimistic predictions are often based on widespread self-driving vehicle usage that is decades away, or assertions about human error that ignore other risks. Safety must remain the Government’s overriding priority as self-driving vehicles encounter real-world complexity. Given this, we question the Government’s proposed ambition that self-driving vehicles must be as safe as a competent and careful human driver. This is too weak and too vague. The Government should set a clearer, more stretching threshold. (Paragraph 62)
The Government does not accept the Committee’s view on the proposed safety ambition.
Safety is a priority for the Government and is a focus of the recently announced Automated Vehicles Bill. As set out in the Bill, it is the Government’s intention to publish a statutory ‘Statement of Safety Principles’ which will support the safety ambition and which will be used in the assessment of the safety of self-driving vehicles.
CAM 2025 highlighted that balancing safety, innovation and public expectations is challenging, and must be considered carefully in the context of technologies that are still under development and about which public understanding is still being developed. Setting too high a level of ambition could have the effect of stifling the introduction of the technology and needlessly delay near-term safety improvements. A lower level of ambition would not deliver a publicly acceptable level of safety and risk undermining the introduction and uptake of the technology. It is the Government’s view that a competent and careful driver is safer than the average human driver and that a level of safety equivalent to that of a competent and careful driver it is an appropriate ambition at this time.
As set out in CAM 2025, Government recognises that no technology is infallible and that new technologies generally bring new risks and challenges which must be managed and met. Government also recognises that road safety is not the result of vehicle technology alone, which is why CAM 2025 set out a ‘safe system’ approach aimed at embedding safety throughout the development, deployment and use of self-driving vehicles. This includes the development of detailed, clear and verifiable technical requirements for pre-deployment approval and in-use operation. These technical requirements are being developed as part of the CAVPASS programme, in discussion with stakeholders.
Recommendation 3:
Greater automation will reduce time spent driving. Over time drivers may become less practised and therefore less skilled. Conversely, the demands on drivers will grow as they will be called upon to retake control of vehicles in challenging circumstances with little notice. The Government should set out a strategy for the future of human driving in a world of self-driving vehicles. This should include possible changes to driving tests and a plan to ensure that all drivers fully understand self-driving vehicles and both acquire and maintain the necessary skills for taking control of a vehicle in all circumstances. (Paragraph 63)
The Government partially accepts this recommendation.
As set out in CAM 2025 and the recently announced Automated Vehicles Bill, a vehicle will not be considered as self-driving if human monitoring or intervention is needed in order for the vehicle to drive safely and legally. If a human is needed to monitor or control the driving, any system fitted on the vehicle is considered driver assistance - the driver must remain engaged at all times and is responsible at all times
A self-driving system must be capable of driving safely and legally when engaged (noting that a system may only be engaged under certain circumstances). If a self-driving system can only undertake part of a journey, for example motorway driving only, a driver will be required for the remainder of the journey. Any hand-over from the system to the driver must be safe and will be regulated by the Government. A hand-over, known as a ‘transition demand’, must meet specific safety criteria which include allowing sufficient time for the driver to safely re-take control.
The Government recognises that driver skills must be kept up to date and must remain sufficient to ensure the safety of the vehicle they are driving. The Government keeps the law under review so that it is fit for purpose and there is an ongoing evolution of driver testing. For example, the safe use of sat nav is now included in the driving test.
As part of the Government’s CAVPASS safety assurance programme, work is underway to consider the education, training and licensing needs of drivers and the wider public in relation to self-driving vehicles. Changes have already been made to The Highway Code to support driver understanding of self-driving technology, and a communication toolkit has been developed for those who may be selling self-driving vehicles in the future.
Recommendation 4:
The Government has put good structures in place, but it is not enough just to participate in or facilitate conversations about unresolved policy issues, including access to data, verifying roadworthiness, legal liability and insurance implications. If self-driving vehicles are to be deployed on our roads by 2025, safely and successfully, the Government must take the lead to resolve these issues. (Paragraph 80)
The Government has noted this recommendation.
The Government recognises the need to make progress on issues of unresolved policy.
Based on the Law Commissions’ review of the law, and extensive consultation on their proposals, the recently announced Automated Vehicles Bill provides further clarity in many of these areas. It sets out an approach to legal liability for self-driving vehicles, with liability whilst a vehicle drives itself being transferred to new legal entities once a vehicle has been authorised.
The Bill also provides a framework for detailed safety requirements and conditions. These requirements, set as part of the authorisation process, can cover ongoing requirements around data sharing and vehicle roadworthiness. Specific requirements will be set out in secondary legislation and will be subject to public consultation.
Safety requirements are being developed within the Government’s CAVPASS safety assurance programme. The Government is working closely with industry, in particular Government funded trials of self-driving vehicles, to identify issues that require further consideration and/or support. Other parts of the CAVPASS programme are considering data and roadworthiness issues.
Access to data will be an important part of the safety assurance of self-driving vehicles, and the Automated Vehicles Bill makes provision for information to be shared for the purposes of safety regulation. In support of this, the Government is working across Departments and in conjunction with stakeholders, including manufacturers, telecom operators and enforcement agencies, to map out data availability and requirements. This work will also consider the right to personal privacy in line with GDPR guidelines enshrined in the Data Protection Act 2018.
The Automated and Electric Vehicles Act 2018 extended compulsory motor insurance to self-driving vehicles. The insurance industry have been supportive of self-driving vehicles and the forthcoming Automated Vehicles Bill. The Government continues to work with the insurance industry, including the Motor Insurance Bureau (MIB) and the Association of British Insurers (ABI), to consider and address issues relating to the insurance of self-driving vehicles.
Although the Government is able to address many of the issues relating to self-driving vehicles at a national level, it also takes a leading role in international discussions under the United Nations Economic Commission for Europe (UNECE) Global Forum for Road Traffic Safety (WP1) and World Forum for Harmonization of Vehicle Regulations (WP29) to ensure consistent approaches to regulation of self-driving vehicles. This international work supports the industry’s desire for international harmonisation of vehicle standards and regulation of self-driving vehicles, which in turn supports UK business opportunities overseas.
Recommendation 5:
Self-driving vehicles will need well-maintained roads and signage, nationwide connectivity, and up-to-date digital information about the road network. While some steps have been taken towards this by the Government and public bodies, these preparations are too siloed and divorced from broader planning. If the Government is serious about self-driving vehicles, it should ensure meeting their needs is an integral part of future infrastructure strategy. (Paragraph 89)
The Government partially accepts this recommendation.
As set out in CAM 2025, self-driving vehicles will need to be able to safely operate using the infrastructure available when they are deployed. The Government recognises that physical and digital infrastructure has the potential to support and enhance self-driving and connected vehicle technologies. The Automated Vehicles Bill therefore includes provisions for the digitisation of Traffic Regulation Orders (TROs). This follows a consultation in 2022 in which 87% of respondents supported the proposal. TROs hold information that can facilitate a self-driving vehicle’s understanding of the road and the legal parameters of the road network, for example information on speed limits, parking bays, bus lanes and road works. However, the information is currently held by individual traffic regulation authorities on separate systems. Making the information available digitally, in a common format, and on a published platform, can support the safe operation of self-driving vehicles.
A study by the International Transport Forum examined how infrastructure needs to prepare for self-driving vehicles, drawing on experience from 19 countries and a number of developers and industry experts. The study reported in 2023 and found:
The Government recognises this shift in requirements, as well as their relevance for human-driven vehicles. On 18 October 2023, at Highways UK, Ministers launched Roads to Tomorrow, an engagement programme with the roads sector exploring opportunities and challenges of the rising use of technology on the road network. The immediate needs of self-driving vehicles and other forms of vehicle automation will be a theme of this work. The results of this will inform the creation of the third road investment strategy (RIS3) and other major strategies.
Alongside this work, the Government will continue to work with industry to understand future connectivity needs on UK roads. This will form part of the delivery of the Government’s Wireless Infrastructure Strategy, which will set out a strategic framework for the development, deployment and adoption of 5G and future networks. The Government will build on the Connected Places Cyber Security Principles developed by the National Cyber Security Centre (NCSC) to ensure that transport applications such as CAM can be safely integrated into the smart cities of the future.
Guidance will be required from the Government to ensure that road authorities can invest in their existing traffic control systems both to deliver dynamic data services and to benefit from the richer sources of network intelligence offered by connected vehicles, which will enable improved network management. Work in this area is already in progress through the National Highways Digital Roads programme, which will act as a model for other road authorities.
National Highways Digital Roads vision sets out how they will continue to harness data, technology, and connectivity to improve the way the Strategic Road Network (SRN) is designed, built, operated and used. This will enable safer journeys, faster delivery and an enhanced customer experience for all. It will also tackle the digital infrastructure implications; adopting a digital-by-default approach to everything across the organisation and lifecycle of the road network.
Recommendation 6:
The self-driving vehicle sector is a British success story. We were impressed, unfailingly so, by the energy, creativity, and expertise of all those we met, whether from industry, academia, Government or somewhere in between. We have a competitive advantage, and we must maintain it. To do this the Government must bring forward and pass comprehensive legislation in the next parliamentary session to put in place the robust regulatory framework it promised. Failing to do so will do significant and lasting damage both to the UK’s self-driving vehicle industry and to this country’s reputation as a trailblazer. We recommend that legislation be brought forward as a matter of urgency, with an expectation that any legislation will have to be regularly reviewed and updated subsequently as technology evolves. (Paragraph 103)
The Government accepts this recommendation.
The Government agrees that the sector is a success and that our competitive advantage must be maintained. The Government thanks the Committee for recognising the Government’s part in this progress to date, and is delighted to be able to bring the Automated Vehicles Bill to the fourth Parliamentary session, as announced in the King’s Speech on 7 November 2023.
The Automated Vehicles Bill implements the recommendations of the four-year review of regulation for self-driving vehicles carried out by the Law Commissions. It is intended to set the legal framework for the safe deployment of self-driving vehicles in Great Britain.
The Bill includes three key provisions:
The Bill sets out a flexible framework that can be adapted to address new use cases, new business models and new technology development.
The Government thanks the Committee for their continuing scrutiny and thoughtful recommendations. The Government looks forward to continuing the progress made both across Departments and working with industry and stakeholders to introduce self-driving vehicles to our UK roads in a safe and secure manner.
1 Internal analysis by the Department for International Trade (now the Department of Business and Trade)