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20 provisions
Title and introductory text
Automated Vehicles Act 2024
2024 Chapter 10
An Act to regulate the use of automated vehicles on roads and in other public places; and to make other provision in relation to vehicle automation.
[20th May 2024]
Be it enacted by the King’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:—
Propose a change55 Amendment of tampering offence
In section 25 of the Road Traffic Act 1988 (tampering with motor vehicles)—
(a) the existing text becomes subsection (1);
(b) after that subsection insert—
(2) For the purposes of subsection (1), the “mechanism” of a vehicle includes—
(a) any equipment in or on the vehicle designed to allow the motion of the vehicle to be controlled other than by an individual in the vehicle, or to facilitate its being so controlled, and
(b) any software installed in, or other electronic information stored in, any such equipment.
Propose a change56 Amendment of offence concerning fitting of unsuitable parts
In section 76 of the Road Traffic Act 1988 (fitting and supply of defective or unsuitable vehicle parts), at the end insert—
(11) In this section—
(a) references to a vehicle part include software (except in subsection (5)(a)), and
(b) references to fitting a vehicle part to a vehicle include installing software in, or otherwise making software interact with, a vehicle.
Propose a change78 Restriction of certain terms to authorised automated vehicles
(1) The Secretary of State may, by regulations, specify words, expressions, symbols or marks as appropriate for use in connection with road vehicles only if used in connection with authorised automated vehicles (whether generally or of a description given in the regulations).
(2) A person commits an offence if—
(a) the person uses, or causes or permits the use of, a restricted term in connection with the promotion or supply of a road vehicle,
(b) the person is acting in the course of business,
(c) the use of the restricted term is directed at an end-user or potential end-user of the vehicle,
(d) it is reasonable to anticipate that the use of the term will come to the attention of an end-user or potential end-user of the vehicle in Great Britain, and
(e) the vehicle is not an appropriate vehicle.
(3) A person commits an offence if—
(a) the person uses, or causes or permits the use of, a restricted term in connection with the promotion or supply of a product intended for use as equipment of a road vehicle,
(b) the person is acting in the course of business,
(c) the use of the restricted term is directed at an end-user or potential end-user of a road vehicle,
(d) it is reasonable to anticipate that the use of the term will come to the attention of an end-user or potential end-user of a road vehicle in Great Britain, and
(e) the restricted term is not used specifically in relation to the use of the product as equipment of an appropriate vehicle.
(4) It is a defence for a person accused of an offence under this section to prove that the restricted term was used in a way that was not intended to convey, and could not reasonably have been understood as conveying, any meaning to do with automation.
(5) It is a defence for a person accused of an offence under this section to prove that—
(a) the use of the restricted term was directed only at end-users or potential end-users of vehicles outside Great Britain, and
(b) the person took all reasonable precautions and exercised all due diligence—
(i) to prevent the use of the restricted term from coming to the attention of end-users or potential end-users of road vehicles in Great Britain, or
(ii) to ensure that such end-users or potential end-users would understand that the use of the restricted term was not directed at them.
(6) It is a defence for a person accused of an offence under this section to prove that—
(a) the business in the course of which the person was acting did not involve the manufacture or supply of the vehicle or equipment in question,
(b) the communication in which the restricted term was used was formulated in the course of another business, and
(c) the person did not know, and had no reason to suspect, that the use of the restricted term would amount to an offence under this section.
(7) A person who commits an offence under this section is liable—
(a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(8) In this section—
“appropriate vehicle”, in relation to the use of a restricted term, means an authorised automated vehicle in connection with which the use of the restricted term is specified under subsection (1) as appropriate;
“restricted term” means a word, expression, symbol or mark specified under subsection (1).
(9) For the purposes of this section, a person is to be taken to use a restricted term if the person uses a word, expression symbol or mark so closely resembling a restricted term as to be likely to be mistaken for it.
Propose a change82 Power to grant permits
(1) The appropriate national authority may grant a person a permit for the provision by the person of automated passenger services.
(2) An “automated passenger service” is a service that consists of the carrying of passengers in a road vehicle that—
(a) is designed or adapted to travel autonomously, or
(b) is being used for a trial with the aim of developing vehicles that are so designed or adapted.
(3) A permit may be granted for either or both of the following purposes—
(a) securing the application of section 83 (disapplication of taxi, private hire vehicle and bus legislation);
(b) satisfying a requirement imposed by regulations under section 12 (licensing of no-user-in-charge operators) in relation to the holding of a permit.
(4) A permit must specify—
(a) the areas in which services may be provided under the permit,
(b) the vehicles (or descriptions of vehicle) in which services may be provided under the permit,
(c) the period for which the permit is valid, and
(d) any conditions subject to which the permit is granted (“permit conditions”).
(5) Permit conditions may take the form of—
(a) further limitations on the services that may be provided under the permit, or
(b) obligations that the permit holder has to fulfil as a condition of holding the permit.
(6) In subsection (2)(a), “travel autonomously” has the same meaning as in Part 1 (see section 1(5)).
Propose a change83 Disapplication of taxi, private hire vehicle and bus legislation
(1) Subsections (2) and (3) apply while a permit holder is providing an automated passenger service in an area in which, and in a vehicle in which, services may be provided under the permit.
(2) The vehicle is not to be treated for any purpose as being, or as being used or operated as—
(a) a hackney carriage within the meaning of the Town Police Clauses Act 1847 or the Metropolitan Public Carriage Act 1869,
(b) a private hire vehicle within the meaning of the Private Hire Vehicles (London) Act 1998, the Plymouth City Council Act 1975 or Part 2 of the Local Government (Miscellaneous Provisions) Act 1976,
(c) a public service vehicle within the meaning of the Public Passenger Vehicles Act 1981, or
(d) a hire car within the meaning of section 23 of the Civic Government (Scotland) Act 1982.
(3) The provision of the service is not to be treated as driving, standing or plying for hire with the vehicle for the purposes of section 45 of the Town Police Clauses Act 1847.
Propose a change85 Consent requirement for services resembling taxis or private hire vehicles
(1) Subsection (3) applies where—
(a) the appropriate national authority proposes to grant a permit, and
(b) under the proposed permit, an automated passenger service may be provided in a way that would, on the assumptions in subsection (2), require a taxi or private hire vehicle licence.
(2) The assumptions are—
(a) that section 83 does not apply, and
(b) (so far as would not otherwise be the case) that the vehicle in which the service is provided is driven by an individual.
(3) The appropriate national authority may not grant the permit without the consent of each licensing authority in whose area the service may be provided under the proposed permit.
(4) A licensing authority is to be taken to have given such consent if—
(a) the appropriate national authority requests consent in writing, and
(b) within the relevant period, the licensing authority either—
(i) fails to give or refuse consent, or
(ii) refuses consent but fails to give written reasons for doing so.
(5) For the purposes of subsection (4), “the relevant period” is the period of six weeks beginning with the day on which the request is made.
(6) In this section, “taxi or private hire vehicle licence” means a licence under—
(a) section 37 or 46 of the Town Police Clauses Act 1847 (hackney carriages: England and Wales),
(b) section 6 or 8 of the Metropolitan Public Carriage Act 1869 (hackney carriages: London),
(c) section 5, 9 or 13 of the Plymouth City Council Act 1975 (private hire vehicles: Plymouth),
(d) section 48, 51 or 55 of the Local Government (Miscellaneous Provisions) Act 1976 (private hire vehicles: England and Wales),
(e) section 10 or 13 of the Civic Government (Scotland) Act 1982 (taxis and private hire vehicles: Scotland), or
(f) section 3, 7 or 13 of the Private Hire Vehicles (London) Act 1998 (private hire vehicles: London),
and a “licensing authority” means a person who is responsible for granting a licence under any of those provisions.
Propose a change86 Consent requirement for services resembling buses
(1) Subsection (2) applies where—
(a) the appropriate national authority proposes to grant a permit, and
(b) under the proposed permit, an automated passenger service may be provided that would, if section 83 did not apply, be subject to bus franchising restrictions.
(2) The appropriate national authority may not grant the permit without the consent of each relevant franchising body.
(3) A service is “subject to bus franchising restrictions” if it is a local service within the meaning of section 2 of the Transport Act 1985, and—
(a) it is provided in Greater London,
(b) it is provided in an area in England covered by a franchising scheme and is not exempt from the scheme, or
(c) it is provided in an area in Scotland covered by a franchising framework and is not exempt from the framework.
(4) In subsection (2), “relevant franchising body” means—
(a) where subsection (3)(a) applies, Transport for London;
(b) where subsection (3)(b) applies, the franchising authority or authorities operating the scheme;
(c) where subsection (3)(c) applies, the local transport authority by which the framework was made.
(5) A relevant franchising body is to be taken to have given consent under subsection (2) if—
(a) the appropriate national authority requests consent in writing, and
(b) within the relevant period, the body either—
(i) fails to give or refuse consent, or
(ii) refuses consent but fails to give written reasons for doing so.
(6) For the purposes of subsection (5), “the relevant period” is the period of six weeks beginning with the day on which the request is made.
(7) In this section—
“franchising authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 123A(4) of that Act);
“franchising framework” means a framework made under section 13A of the Transport (Scotland) Act 2001 (asp 2);
“franchising scheme” means a scheme made under section 123A(1) of the Transport Act 2000;
“local transport authority” has the same meaning as in the Transport (Scotland) Act 2001 (asp 2) (see section 82(1) of that Act).
(8) For the purposes of subsection (3)—
(a) a service is exempt from a franchising scheme if it is of a class that is excepted from regulation arising because of the scheme (see section 123H of the Transport Act 2000);
(b) a service is exempt from a franchising framework if it is of a description that is exempted from the framework (see section 13D(2) of the Transport (Scotland) Act 2001 (asp 2)).
Propose a change87 Further requirements
(1) Before granting a permit, the appropriate national authority must consult any traffic authorities and emergency services that it considers are likely to be substantially affected if the permit is granted.
(2) In subsection (1), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act) (but does not include the appropriate national authority itself).
(3) In deciding whether to grant a permit, the appropriate national authority must have regard to whether, and to what extent, the granting of the permit is likely to lead to an improvement in the understanding of how automated passenger services should best be designed for, and provided to, older or disabled passengers.
(4) Where the appropriate national authority grants a permit, it must include a permit condition (of the sort described in section 82(5)(b)) requiring the permit holder to publish reports about the automated passenger services which it provides, and in particular about the steps which it takes—
(a) to meet the needs of older or disabled passengers, and
(b) to safeguard passengers more generally.
Propose a change88 Collection, sharing and protection of information
(1) Permit conditions may, in particular, include conditions as to the collection and sharing of information.
(2) That reference to sharing includes—
(a) sharing with the appropriate national authority or other public authorities, and
(b) sharing with private businesses (such as vehicle manufacturers or insurers).
(3) The following provisions of this section apply in relation to information that a person obtains further to a permit condition as to the sharing of information.
(4) In those provisions, “the recipient” means—
(a) the person who obtains the information as described in subsection (3), or
(b) any other person to whom the information is subsequently disclosed.
(5) The appropriate national authority may make regulations authorising the recipient to—
(a) disclose the information to another person for a purpose specified in the regulations, or
(b) use the information for a purpose other than the purpose for which it was obtained.
(6) It is an offence for the recipient to—
(a) disclose the information to another person, or
(b) use the information for a purpose other than the purpose for which it was obtained,
except as authorised by regulations under subsection (5) or any other enactment.
(7) But it is a defence to prove that—
(a) the person from whom the information was obtained as described in subsection (3) consented to the disclosure or use, or
(b) the recipient reasonably believed that the disclosure or use was lawful, or
(c) in the case of a disclosure, that the information had already lawfully been disclosed to the other person.
(8) A person who commits an offence under subsection (6) is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;
(c) on conviction on indictment, to a fine.
(9) Regulations under subsection (5) are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—
(a) the regulations otherwise provide, or
(b) the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations.
Propose a change89 Procedural and administrative matters
(1) A permit may be varied, renewed, suspended or withdrawn in such circumstances as are specified in regulations made by the appropriate national authority.
(2) The appropriate national authority may, by regulations, make provision about the procedure to be followed in connection with the grant, retention, renewal, expiry, variation, suspension or withdrawal of a permit.
(3) Regulations under subsection (2) may, in particular, make provision about—
(a) the form and content of an application for a permit (or for the renewal of a permit);
(b) fees payable in respect of—
(i) an application for a permit (or for the renewal of a permit), or
(ii) the grant, retention or renewal a permit;
(c) the notification of decisions;
(d) reviews of, or appeals against, decisions.
(4) If fees are made payable as mentioned in subsection (3)(b)(ii), the amount of such a fee may be determined by reference to any costs incurred, or likely to be incurred, by the appropriate national authority in connection with any function under this Part (whether or not directly related to what the fee is for).
(5) But a given amount of costs (or likely costs) may not be taken into account more than once in determining amounts of fees under this Part.
(6) The appropriate national authority may, by regulations, set a maximum period for which a permit may be valid.
(7) The appropriate national authority may, by regulations, provide for its functions under any provision made by or under this Part to be exercisable by a traffic commissioner instead of, or in addition to, the appropriate national authority.
(8) Regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers—
(a) if they apply to a function in respect of which a fee is payable, must also apply to the function of charging and receiving that fee;
(b) if they apply to the function of issuing a notice under paragraph 1 or 2 of Schedule 6 (compliance notices and monetary penalty notices), must also apply to the functions under paragraph 4 of that Schedule (costs notices) so far as exercisable in connection with the first function.
(9) Money received by a traffic commissioner as a result of regulations under subsection (7) must, unless subsection (10) applies, be paid into the Consolidated Fund in such manner as the Treasury may direct.
(10) Money received by a traffic commissioner under paragraph 2(2) of Schedule 6 (monetary penalties) as a result of regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers must be paid to those Ministers.
Propose a change90 Interpretation
(1) In this Part—
“automated passenger service” has the meaning given by section 82(2);
“permit” means a permit under section 82(1) (and “permit holder” is to be read accordingly);
“permit condition” has the meaning indicated in section 82(4)(d).
(2) The remaining subsections apply for the purposes of this Part.
(3) An automated passenger service is “provided in” an area if (and only if) it involves passengers being carried in that area.
(4) Subject to subsection (5), the “appropriate national authority” is—
(a) the Secretary of State, in relation to a permit for the provision of a service in England;
(b) the Scottish Ministers, in relation to a permit for the provision of a service in Scotland;
(c) the Welsh Ministers, in relation to a permit for the provision of a service in Wales.
(5) In relation to a permit for the provision of a service in a public service vehicle, the “appropriate national authority” is the Secretary of State.
(6) A permit is of that description if, under the permit, a service could be provided in a vehicle that, by virtue of its use in providing that service, would count as a public service vehicle within the meaning of the Public Passenger Vehicles Act 1981 (assuming that section 83 did not apply).
(7) In relation to the exercise of power by a traffic commissioner further to regulations under section 89(7), references in this Part to the appropriate national authority are to be read as including a traffic commissioner.
Propose a change93 Provision of information about traffic regulation measures
(1) The Secretary of State may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in England.
(2) The Welsh Ministers may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in Wales.
(3) In this section—
“traffic regulation authority” means a person who has the power to make a traffic regulation measure;
“traffic regulation measure” means an order or notice under any of the following provisions of the Road Traffic Regulation Act 1984—
section 1 (traffic regulation orders),
section 6 (orders regulating traffic in Greater London),
section 9 (experimental traffic orders),
section 14 (temporary orders and notices),
section 16A (special events), or
section 84 (speed limits).
(4) For the purposes of this section, a traffic regulation measure is a “relevant traffic regulation measure”, in relation to a traffic regulation authority, if it—
(a) is made by that authority, or
(b) otherwise has effect in the area for which that authority has the power to make a traffic regulation measure of that type.
(5) Regulations under this section may be made only if the person making them considers that the provision of information in accordance with the regulations will help to enable information about the effects of traffic regulation measures to be communicated to or acted upon by—
(a) authorised automated vehicles, or
(b) electronic equipment designed to undertake or facilitate the driving of other vehicles on roads.
(6) In relation to regulations under this section that amend previous regulations under this section (see section 14 of the Interpretation Act 1978), subsection (5) applies as if the second reference to regulations were a reference to the previous regulations as they would be amended by the new regulations.
(7) Regulations under this section must make provision about—
(a) to whom the information is to be provided,
(b) when it is to be provided, and
(c) the manner and form in which it is to be provided.
(8) Provision made under subsection (7)(c) may, in particular, provide that information is to be provided in accordance with a specified model, standard or set of specifications as it exists from time to time.
(9) Regulations under this section may apply in respect of traffic regulation measures made before the regulations come into force (including those made before this Act is passed).
Propose a change94 General definitions
In this Act—
“authorised automated vehicle” means a vehicle authorised under section 3;
“enactment” includes an enactment comprised in—
an Act of the Scottish Parliament,
an Act or Measure of Senedd Cymru,
subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act), or
any instrument corresponding to such legislation made under an Act of the Scottish Parliament or an Act or Measure of Senedd Cymru;
“information” includes recorded images or sounds;
“road” has the same meaning as in the Road Traffic Act 1988 (see section 192(1) of that Act);
“road vehicle” means a mechanically propelled vehicle intended or adapted for use on roads.
Propose a change95 Disclosure of information: interaction with external constraints
(1) This section applies in relation to any provision for the disclosure, obtaining or use of information made by or under this Act.
(2) The provision does not require or authorise any disclosure, obtaining or use of information that—
(a) contravenes the data protection legislation, or
(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(3) But the provision is to be taken into account in determining whether the disclosure, obtaining or use of information would contravene the data protection legislation.
(4) The disclosure of information in accordance with the provision (as read subject to subsection (2)) does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(5) The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.
(6) In the application of subsection (5) in Scotland, the reference to legal professional privilege is to be read as a reference to confidentiality of communications.
(7) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Propose a change96 Crown application
(1) The following provisions bind the Crown (but not so as to make the Crown itself, as opposed to persons in the service of the Crown, criminally liable)—
(a) section 42;
(b) section 73;
(c) section 88.
(2) The following provisions apply to vehicles and persons in the public service of the Crown—
(a) Chapter 1 of Part 2;
(b) Chapter 1 of Part 3.
(3) The Secretary of State may by regulations provide for Chapter 2 of Part 3 to bind the Crown in a manner described in the regulations.
Propose a change97 Regulations
(1) This section applies to regulations under this Act (except those under section 99).
(2) Before making regulations, the person proposing to make them must consult with such representative organisations as that person thinks fit.
(3) Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument (and see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) in relation to regulations made by the Scottish Ministers).
(4) Regulations may make—
(a) consequential, supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes or areas;
(c) provision that allows for the exercise of discretion.
(5) The following regulations are subject to the affirmative procedure—
(a) regulations under section 36(9),
(b) regulations under section 50 that amend an Act, an Act of the Scottish Parliament or an Act of Senedd Cymru, and
(c) regulations under paragraph 2(7) of Schedule 6;
and all other regulations are subject to the negative procedure.
(6) The effect of regulations being subject to the affirmative procedure is—
(a) in the case of regulations made by the Secretary of State, that the statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament;
(b) in the case of regulations made by the Welsh Ministers, that the statutory instrument containing the regulations may not be made unless a draft of it has been laid before, and approved by a resolution of, Senedd Cymru;
(c) in the case of regulations made by the Scottish Ministers, the effect provided by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.
(7) The effect of regulations being subject to the negative procedure is—
(a) in the case of regulations made by the Secretary of State, that the statutory instrument containing the regulations is (unless it also contains regulations subject to the affirmative procedure) subject to annulment in pursuance of a resolution of either House of Parliament;
(b) in the case of regulations made by the Welsh Ministers, that the statutory instrument containing the regulations is (unless it also contains regulations subject to the affirmative procedure) subject to annulment in pursuance of a resolution of Senedd Cymru;
(c) in the case of regulations made by the Scottish Ministers, the effect provided by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.
Propose a change98 Extent
(1) This Act extends to England and Wales and Scotland, except as provided below.
(2) Sections 54(2) and 93 extend only to England and Wales.
(3) An amendment made by Schedule 2 or 3 has the same extent as the provision amended (and sections 53(3) and 54(4) accordingly extend to England and Wales, Scotland and Northern Ireland).
(4) Paragraph 2 of Schedule 5 extends to England and Wales, Scotland and Northern Ireland (and accordingly so does section 81(4)).
(5) This Part extends to England and Wales, Scotland and Northern Ireland.
Propose a change99 Commencement and transitional provision
(1) The preceding Parts come into force on a day appointed by regulations made by the Secretary of State.
(2) Different days may be appointed for different purposes or areas.
(3) This Part comes into force on the day on which this Act is passed.
(4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
(5) The power to make regulations under subsection (4) includes power to make different provision for different purposes or areas.
(6) Regulations under this section are to be made by statutory instrument.
Propose a change100 Short title
This Act may be cited as the Automated Vehicles Act 2024.
Propose a change