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The Law Commission weighs in on automated vehicles debate

960 640 Stuart O'Brien

The Law Commission of England and Wales and the Scottish Law Commission have published a joint report that makes recommendations for what they call ‘the safe and responsible introduction of self-driving vehicles’.

The report recommends introducing a new Automated Vehicles Act, drawing a clear distinction between features which just assist drivers, such as adaptive cruise control, and those that are self-driving.

Under the Law Commissions’ proposals, when a car is authorised by a regulatory agency as having “self-driving features” and those features are in-use, the person in the driving seat would no longer be responsible for how the car drives.

Instead, the company or body that obtained the authorisation (an Authorised Self-Driving Entity) would face regulatory sanctions if anything goes wrong.

The report anticipates that, in future, these features will develop to a point where an automated vehicle will be able to drive itself for at least part of a journey, without a human paying attention to the road. For example, a car may be able to drive itself on a motorway, or a shuttle bus may be able to navigate a particular route.

Once a vehicle is authorised by a regulatory agency as having self-driving features, and a self-driving feature is engaged, the Law Commissions recommend a new system of legal accountability. Under it:

  • The person in the driving seat would no longer be a driver but a “user-in-charge”. A user-in-charge cannot be prosecuted for offences which arise directly from the driving task. They would have immunity from a wide range of offences – from dangerous driving to exceeding the speed limit or running a red light. However, the user-in-charge would retain other driver duties, such as carrying insurance, checking loads or ensuring that children wear seat belts.
  • The Authorised Self-Driving Entity (or ASDE) that had the vehicle authorised would have responsibility for it: if the vehicle drives in a way which would be criminal or unsafe if performed by a human driver, an in-use regulator would work with the ASDE to ensure that the matter does not recur. Regulatory sanctions would also be available to the regulator.
  • Some vehicles may be authorised to drive themselves without anyone in the driver seat. Here any occupants of the vehicle would simply be passengers. Instead of having a user-in-charge, a licensed operator would be responsible for overseeing the journey. There would also be requirements for passenger services to be accessible, especially to older and disabled people

The Law Commissions’ recommendations build on the reforms introduced by the Automated and Electric Vehicles Act 2018. The 2018 Act ensured that victims who suffer injury or damage from a vehicle that was driving itself will not need to prove that anyone was at fault. Instead, the insurer will compensate the victim directly.

The Law Commissions recommend new safeguards to stop driver assistance features from being marketed as self-driving. This would help to minimise the risk of collisions caused by members of the public thinking that they do not need to pay attention to the road while a driver assistance feature is in operation.

In terms of next steps, the report has been laid before Parliament and the Scottish Parliament. It will be for the UK, Scottish and Welsh Governments to decide whether to accept the Commissions’ recommendations and introduce legislation to bring them into effect.

Nicholas Paines QC, Public Law Commissioner said: “We have an unprecedented opportunity to promote public acceptance of automated vehicles with our recommendations on safety assurance and clarify legal liability. We can also make sure accessibility, especially for older and disabled people, is prioritised from the outset.”

David Bartos, Scottish Law Commissioner said: “How should the law deal with self-driving technologies? Our joint report with the Law Commission sets out new laws for allowing automated vehicles on our roads, ensuring safety and accountability while encouraging innovation and development.”

Transport Minister Trudy Harrison said: “The development of self-driving vehicles in the UK has the potential to revolutionise travel, making every day journeys safer, easier and greener.

“This Government has been encouraging development and deployment of these technologies to understand their benefits. However, we must ensure we have the right regulations in place, based upon safety and accountability, in order to build public confidence.

That’s why the Department funded this independent report and I look forward to fully considering the recommendations and responding in due course.”

Are British roads capable of catering for autonomous vehicles?

960 640 Stuart O'Brien

This year, the UK became the first country to allow self-driving cars on motorways at low speed. The country is making incredible progress in the trials for autonomous vehicles and is funding innovative projects that will pave the way towards the transport revolution.

Technological advancements in terms of AVs are at the forefront of this revolution. But are British roads capable of catering to the future of mobility? What is the current state of our roads and what improvements need to be made to the infrastructure to welcome self-driving vehicles?

The latest news

Predictions that fully self-driving cars would be common in the UK by the end of 2021 raised many people’s hopes. But it seemed too good to be true. It turns out that we’re not ready yet to fully embrace what was once mere science fiction. Yes, we’re making incredible progress but our AI technology still has some way to go.

While we might not be seeing fully autonomous vehicles on the roads anytime soon, conditional driving automation cars are currently on the agenda. The Jaguar I-Pace model, for example, has been designed with an InControl system that allows for standard and optional driving assistance features. For this project, UK company Jaguar is developing this model in partnership with Waymo, Google’s self-driving car project.

This innovation in AVs goes hand in hand with the latest breaking news regarding AVs from 28th April 2021. The news is that vehicles that are fitted with Automated Lane Keeping System (ALKS) technology will be classed as self-driving (if they’re granted a GB type approval) and will be allowed on the roads. There is only one requirement: they can’t exceed a speed of 37mph.

The highway code is changing

But things don’t end there. To advance the commercialisation of AVs, the UK government is making amendments to the Highway Code, coinciding with the Code’s 90th anniversary. They address the safe use of automated vehicles, outlining this in a whole new section. Now that’s a celebration!

The new section states that the driver must remain aware while inside a self-driving vehicle. They are required to be ready to take control if needed in just a few moments. It also states that the driver is still “responsible for the vehicle being in a roadworthy condition, having a current MOT test certificate if applicable, and being taxed and insured”.

The current state of our roads

So, are AVs ready to take on the challenge of Britain’s roads? The short answer is no, but progress is being made.

The reality is that our road networks are too complex and, therefore, unsuitable for fully autonomous vehicles. It has been suggested that segregation between autonomous and manual vehicles on the roads is necessary. The proposed segregation would continue until connected and autonomous vehicles (CAVs) overtake petrol and diesel-fuelled vehicles. This proposal would call for the construction of underpasses and bridges to ensure the safety of road users. However, this would require the construction of separated infrastructure for automated vehicles. Unfortunately, there is limited availability of land to create such separated infrastructure, and this could be quite expensive to implement.

In order to achieve the level of infrastructure needed to accommodate CAVs, a 30-year planning horizon is needed. It has been suggested that the best way to go about this would be to focus on separate sections of the roadways instead of transforming them all at once.

Communication systems are also crucial to ensure the optimal performance of CAVs. They rely heavily on data transfer through the Internet, which might not be perfect in all areas at the moment.

Another obstacle that needs to be overcome is road markings and traffic signs. The visibility and clarity of these must be maintained, and it may be necessary to digitise signs and markings too. This will also help CAVs to recognise them and action them.

Roadway design advancements

On the bright side, many projects that aim to improve current road infrastructure are in the pipeline.

CAVIAR (Connected and Autonomous Vehicles: Infrastructure Appraisal Readiness), for example, is a project carried out between Highways England, Loughborough University, and the construction company Galliford Try. The project won Highways England’s innovation and air quality competition in 2019 and was awarded £1m. It focuses on one of the main pain points of CAV’s innovation: the complexity of the British roadway design.

The CAVIAR platform is set out to be a simulation that examines real raw data. This will allow for an understanding of how CAVs respond to dynamic lane changes, environmental conditions, and road merging.

“This research will build on our understanding and give us further insight into how connected and autonomous vehicles would operate on England’s motorways and major A roads and what challenges they may face”, said John Mathewson, Senior ITS Advisor at Highways England.

Further initiatives to support the improvement of the roadway infrastructure are also present. A ‘smart city hub’ is being built in Ireland. It will allow for autonomous vehicle technology to be tested on 7.5 miles of complex roads. The project is being led by Jaguar Land Rover with the aim of testing its sensory data through various simulations.

Another trial route is being developed on the roads between Coventry and Birmingham. The 186-mile Midlands Future Mobility route uses existing road infrastructure for about 95% of the route. “Smart CCTV, weather stations, communications units, and highly accurate GPS” will be implemented to further support the research.

Yes, fully autonomous vehicles are still on the agenda, and it might take some time until we reach that stage of CAV’s development. However, the extensive research that is being performed on British roadway design in recent years sets us up for success one step at a time.

Ford and Hermes partner on autonomous delivery vehicles

960 640 Stuart O'Brien

Ford has announced a new Self-Driving Vehicle Research Programme designed to help businesses in Europe understand how autonomous vehicles can benefit their operations.

Hermes is the first business to partner with Ford on the programme. Using a customised Ford commercial vehicle, the research aims to better understand how other road users would interact with an apparently driverless delivery van.

The specially adapted Ford Transit features sensors that mimic the look of an actual self-driving vehicle plus a “Human Car Seat” in control of the vehicle – this enables an experienced, hidden driver to drive while giving the impression to others around that there is no one at the wheel.

“As we plan to bring autonomous vehicles to the roads, it is important that we focus not only on enabling the technology, but on enabling our customers’ businesses,” said Richard Balch, director, Autonomous Vehicles and Mobility, Ford of Europe. “Clearly, there is no better way to identify how they may need to adapt than to experience those processes in real life.”

Ford has for six years been Europe’s market leader in commercial vehicles. 1 By harnessing this experience with expertise from delivery firms, the company intends to identify new opportunities and models for autonomous vehicle operations – in particular understanding how existing processes and human interactions can work alongside automated vehicles. Commercial vehicles’ planned operations and many human interactions are an ideal test case.

A commercial vehicle driver’s responsibilities sometimes extend beyond simply driving from one destination to another. In a delivery or logistics operation, for example, the driver may also be tasked with sorting and loading goods, manually handing packages over to recipients – or reloading them onto the van if delivery is not possible.

However, in this research, the driver will play an entirely passive role, simply driving the vehicle. Pedestrian couriers who support the delivery van are equipped with a smartphone app that lets them hail the vehicle and remotely unlock the load door after it is safely parked at the roadside. Once inside, voice prompts and digital screens direct the courier  to their locker, containing the parcels to be delivered.

Understanding and designing how humans will interact with the vehicle will ensure that business processes are able to continue safely without a driver present.

The two-week research project with Hermes builds on the success of Ford’s “last mile delivery” trials in London, in which a team of pedestrian couriers collects parcels from a delivery van and fulfils the last leg of the delivery by foot resulting in fast, sustainable and efficient deliveries in cities.

The research vehicles will enable Hermes and other businesses to begin designing how their teams could work alongside driverless vehicles. For Hermes, this user design research has included developing an app that enables the pedestrian couriers to access the van to collect parcels, once again, this is a role that the human driver would normally fulfil.

“We’re excited to collaborate with Ford on this proof of concept trial, which is all about understanding the potential for autonomous vehicles and if they have a role in delivery in the longer-term future,” said Lynsey Aston, head of product, Innovation and Onboarding. “We’re constantly innovating to incubate and then explore concepts like this, and we look forward to the initial findings, which will no doubt be useful on an industry-wide level.”

Ford researchers are already investigating how self-driving vehicles will integrate seamlessly into our daily lives, including developing a light-based visual language to convey to other drivers, pedestrians and cyclists what autonomous vehicles intend to do next.

Ford has been testing self-driving technology in major cities across the U.S. and plans to invest around $7 billion in autonomous vehicles during 10 years through to 2025 – $5 billion of that from 2021 forward – as part of its Ford Mobility initiatives.

In collaboration with Ford’s self-driving technology partner, Argo AI, autonomous test vehicles operate daily in six U.S. cities. Last year, Argo AI’s comprehensive self-driving system enabled address-to-address autonomous deliveries of fresh produce and school supplies through a charitable goods pilot in Miami, Florida, in the United States.