Automated Vehicles Act 2024

54 Dangerous use etc

(1) After section 3A of the Road Traffic Act 1988 insert—

“3B Disapplication to user-in-charge of automated vehicle

For the purposes of section 47 of the Automated Vehicles Act 2024 (user-in-charge of authorised automated vehicle not liable for manner of driving), any offence under the preceding sections is to be taken to be an offence arising from the way in which a vehicle is driven.

Offences by users-in-charge of automated vehicles

3C Use of automated vehicle in dangerous state

(1) A person commits an offence if—

(a) the person is the user-in-charge of an authorised automated vehicle,

(b) the vehicle is on a road or other public place, and

(c) it would have been obvious to a competent and careful user of the vehicle, at the moment when the authorised user-in-charge feature in question was engaged, that the current state of the vehicle would make it dangerous to use it in the way in which it is being used.

(2) Subsections (3) and (4) of section 2A apply, with the necessary adjustments, for the purposes of subsection (1) of this section as they apply for the purposes of subsection (2) of that section.

3D Causing death, or serious injury, by use of automated vehicle in dangerous state

(1) A person commits an offence if—

(a) the person commits an offence under section 3C, and

(b) the use of the vehicle in its dangerous state causes the death of another person.

(2) A person commits an offence if—

(a) the person commits an offence under section 3C, and

(b) the use of the vehicle in its dangerous state causes serious injury to another person.

(3) In this section, “serious injury” has the meaning given by section 1A(2).

(4) The references in this section to the use of the vehicle in its dangerous state are to the use, and state, of the vehicle that give rise to the offence under section 3C.”

(2) After section 22A of the Road Traffic Act 1988 insert—

“22B Causing danger to road-users resulting in automated vehicle killing or seriously injuring

(1) A person commits an offence if—

(a) the person commits an offence under section 22A, and

(b) the conduct constituting that offence causes an authorised automated vehicle to commit a traffic infraction, and

(c) the commission of that traffic infraction causes the death of, or serious injury to, another person.

(2) In this section, “serious injury” has the meaning given by section 1A(2).

(3) This section does not extend to Scotland.”

(3) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), at the appropriate places insert—

“RTA section 3C

Use of automated vehicle in dangerous state.

(a) Summarily. (b) On indictment.

(a) On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. (b) 2 years or a fine or both.

Obligatory.

Obligatory.

3-11”;

“RTA section 3D(1)	Causing death by use of automated vehicle in dangerous state.	On indictment.	Imprisonment for life.	Obligatory.	Obligatory.	3-11
RTA section 3D(2)	Causing serious injury by use of automated vehicle in dangerous state.	(a) Summarily. (b) On indictment.	(a) On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. (b) 5 years or a fine or both.	Obligatory.	Obligatory.	3-11”

“RTA section 22B

Causing danger to road-users resulting in automated vehicle killing or seriously injuring.

On indictment.

14 years or a fine or both.”

(4) Schedule 3 makes amendments in connection with the preceding provisions of this section.