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Driverless cars: danger ahead

22 February 2023
Issue: 8014 / Categories: Legal News , Regulatory , Health & safety , Technology , Insurance / reinsurance
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The Law Commission has highlighted serious safety concerns surrounding driverless cars, and has called on the government to impose a ban on remotely driving a vehicle from overseas due to lack of enforcement powers.

It also warned that, under the current law, there is no express prohibition on remote driving where the driver is beyond the line of sight—possibly in an operations centre miles away and using several screens and a control system to direct the vehicle on the road. It said clarity in the law on this was ‘urgently required’ and advised a prohibition measure be brought in ‘immediately’.

The advice paper, ‘Remote driving review’, published this week, proposes that short-term measures be introduced under which companies wanting to use beyond line-of-sight remote driving can submit a safety case to the Vehicle Certification Agency and apply for a vehicle special order.

In the long term, however, an Act of Parliament will be required to introduce a comprehensive regulatory regime for remote driving, the commission said.

The commission considered safety challenges such as connectivity issues, driver situational awareness, a possible sense of ‘detachment’ from the physical world, cybersecurity and terrorist attacks.

In terms of liability, it advised that remote drivers should be prosecuted for the same crimes as in-vehicle drivers, but should not be liable for problems beyond their control such as faulty equipment. Remote driving companies should instead incur regulatory sanctions and in serious cases, prosecution. It advised that all victims of road incidents caused by remote driving should receive no-fault compensation.

Nicholas Paines KC, public law commissioner, said: ‘Remote driving is an exciting technology, but before we see remotely operated cars on UK roads, we must address safety concerns through strong regulation.

‘Regulations must respond to other fundamental concerns around security threats and liability in the event of an accident.’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

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Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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