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The UK government’s self-driving vehicle pilot scheme permits the operation of autonomous vehicles (AVs) on public roads without a human driver for the first time. This marks a significant milestone on the UK's AV journey, since previous trials have always required a safety driver at the wheel who is ready to resume control if needed.
Guidance has recently been published for applicants wishing to participate in the pilot scheme, who will need to obtain several layers of approvals:
- vehicle registration, listing and approval;
- vehicle special orders (VSO); and
- for any passenger-carrying service, automated passenger service (APS) permits.
(1) Vehicle registration, listing and approval
To be eligible for the pilot scheme, vehicles must be registered as capable of self-driving, which means they must be listed under section 1 of the Automated and Electric Vehicles Act 2018.
A vehicle will be so listed if it is designed or adapted to be capable of safely driving itself and may lawfully be used when driving itself on roads or other public places in Great Britain, in at least some circumstances or situations.
Registration typically requires an approval certificate, obtained via a vehicle type approval or individual vehicle approval process, which demonstrates compliance with relevant technical requirements.
(2) Vehicle special orders (VSO)
Vehicle operators must obtain a VSO from the Vehicle Certification Agency. A VSO is a legal order, made under section 44 of the Road Traffic Act 1988, which exempts a vehicle from certain legal requirements relating to vehicle construction and use with which it cannot comply, for example, the requirement not to leave a vehicle unattended on a road with the engine running.
An application for a VSO must specify what alternative measures are in place to ensure that the vehicle and its operation remain safe and compliant with relevant legislation. Applicants must satisfy a list of requirements relating to the vehicle itself (including that its automated driving system has a safety level at least the same as a competent and careful driver and is protected from cyber threats) and to the operator of the pilot deployment (including requirements for effective systems to detect and respond to problems during journeys and to ensure cyber security).
(3) Automated passenger service (APS) permits
The pilot scheme extends to autonomous taxi-, private hire vehicle- and bus-like services, which carry paying passengers, subject to obtaining an additional APS permit.
Vehicle operators applying for an APS permit must demonstrate that they are of good repute and financial standing; that they have the organisational competence necessary to operate the service safely, reliably and lawfully; and that they can ensure the safety of passengers, other road users and the general public. These requirements must be demonstrated via comprehensive operational, deployment safety and incident management plans.
Operators are also required to engage with relevant local authorities and transport bodies, which could see practical differences emerging across different UK cities. Those seeking permits in London will require consent from Transport for London (TfL), whose Commissioner, Andy Lord, has recently indicated that no autonomous vehicle currently operating in the UK meets London’s regulatory requirements.
Pilot deployments will also be subject to various monitoring and reporting requirements.
The pilot scheme will remain under active review and will be used to help shape the final regulatory regime under the AV Act 2024 – full implementation of which is targeted in the second half of 2027 (see our previous post on the AV Act 2024 here).
Comment
The launch of the self-driving pilot scheme makes clear that the UK government remains set on positioning the UK as a global leader in the adoption of AV technology and the commercialisation of AVs. The detailed framework is still under development, but safety, cyber security and data protection will be front and centre, with pilot operators required to meet exacting standards in these respects. Service providers should be assessing readiness and risk against the emerging legal requirements, engaging with relevant authorities, and building robust systems to put themselves in the right lane as the regulatory road ahead takes shape.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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