Self-driving car users should not be responsible 'if anything goes wrong'
Recommendation would make drivers 'immune from prosecution'
Last updated 26th Jan 2022
The Law Commission of England and Wales and the Scottish Law Commission have put forward a new proposal where someone behind the wheel of a self-driving car should not be legally responsible if it is involved in a crash.
They have also called for legal reforms that mean the person in the driving seat of a self-driving car would be immune from prosecution "if anything goes wrong", such as speeding or running a red light.
A joint report by legal review bodies have recommended that a clear distinction is made between features which just assist drivers, such as adaptive cruise control, and those that are self-driving. The new plan also suggest that the company or body that obtained authorisation for the technology would instead face sanctions.
The Law Commissions also recommended that passenger services conducted by self-driving vehicles are accessible, particularly to older and disabled people. Whoever is in the driving seat would still remain responsible for other duties such as obtaining insurance, checking loads and ensuring child passengers wear seat belts
Nicholas Paines QC, Public Law Commissioner, said Britain has an "unprecedented opportunity to promote public acceptance of automated vehicles".
David Bartos, Scottish Law Commissioner, said the proposals focused on "ensuring safety and accountability while encouraging innovation and development".
Self-driving has the potential to revolutionise travel
The UK is yet to legally permit fully driverless cars, but autonomous features are being developed by car makers.
In April last year, the Department for Transport announced it would allow hands-free driving in vehicles with lane-keeping technology on congested motorways, at speeds of up to 37mph.
Transport minister Trudy Harrison said the development of self-driving vehicles in the UK "has the potential to revolutionise travel, making everyday journeys safer, easier and greener".
She continued: "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.
In Chandler, Arizona, a fleet of self-driving vehicles called Waymo are already in operation and this YouTube video by Veritasium explains some of the benefits of having a driverless car:
Matthew Avery, chief research strategy officer at road safety organisation Thatcham Research, which contributed to a consultation for the report, warned that the transition to self-driving cars is "fraught with risk".
He said: "In the next 12 months, we're likely to see the first iterations of self-driving features on cars in the UK. It's significant that the Law Commission report highlights the driver's legal obligations and how they must understand that their vehicle is not yet fully self-driving."
The decision will be left up to the UK, Scottish and Welsh Governments on whether to accept the report's recommendations.