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22 February 2023
Issue: 8014 / Categories: Legal News , Regulatory , Health & safety , Technology , Insurance / reinsurance
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Driverless cars: danger ahead

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
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Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
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