Automated Vehicles Act 2024

Prospective

Chapter 5 E+W+S Civil sanctions against regulated bodies

34 Compliance notices E+W+S

(1) The Secretary of State may issue a compliance notice to a regulated body if satisfied that a regulatory requirement is not, or has not been, met by the body.

(2) The Secretary of State may issue a compliance notice to an authorised self-driving entity if satisfied that an authorised automated vehicle has committed a traffic infraction while the entity was responsible for it.

(3) Subsection (2) does not apply if it appears to the Secretary of State that the commission of the traffic infraction was wholly caused by a failure of a licensed no-user-in-charge operator to comply with a requirement under operator licensing regulations.

(4) A compliance notice is a notice requiring the person to whom it is issued to take such actions within subsection (5) as are specified in the notice.

(5) The actions that may be specified are—

(a) in the case of a notice under subsection (1), actions that the Secretary of State considers appropriate in order to secure, or make it more likely, that the regulated body complies with the regulatory requirement in the future;

(b) in the case of a notice under subsection (2), actions that the Secretary of State considers appropriate in order to avoid, or make less likely, the future commission of similar traffic infractions by authorised automated vehicles for which the authorised self-driving entity is responsible.

(6) The actions may be specified by referring (with or without further particulars) to the actions necessary to achieve a result described in the notice.

(7) A compliance notice must—

(a) explain the Secretary of State’s reasons for issuing the notice, and

(b) specify the time by which, or period during which, the specified actions must be taken.

(8) The reference in subsection (4) to taking action includes refraining from taking action; and “actions” in this section is to be read accordingly.

Commencement Information

I1 S. 34 not in force at Royal Assent, see s. 99(1)

35 Redress notices E+W+S

(1) The Secretary of State may issue a redress notice to a regulated body if satisfied that—

(a) a regulatory requirement is not, or has not been, met by the body, and

(b) as a result, users of roads in Great Britain have suffered loss, damage, inconvenience or annoyance.

(2) The Secretary of State may issue a redress notice to an authorised self-driving entity if satisfied that—

(a) an authorised automated vehicle has committed a traffic infraction while the entity was responsible for it, and

(b) as a result, users of roads in Great Britain have suffered loss, damage, inconvenience or annoyance.

(3) Subsection (2) does not apply if it appears to the Secretary of State that the commission of the traffic infraction was wholly caused by a failure of a licensed no-user-in-charge operator to comply with a requirement under operator licensing regulations.

(4) A redress notice is a notice requiring the person to whom it is issued to take such actions within subsection (5) as are specified in the notice.

(5) The actions that may be specified are actions that the Secretary of State considers appropriate in order to rectify, mitigate, or compensate for (whether directly or indirectly) the loss, damage, inconvenience or annoyance that has been suffered.

(6) A redress notice must—

(a) explain the Secretary of State’s reasons for issuing the notice, and

(b) specify the time by which, or period during which, the specified actions must be taken.

(7) If a redress notice requires a regulated body to pay a sum of money to another person, the sum may be recovered by that person as a civil debt.

(8) The reference in subsection (4) to taking action includes refraining from taking action; and “actions” in this section is to be read accordingly.

(9) In this section, “users of roads” includes persons exercising statutory functions in relation to roads.

Commencement Information

I2 S. 35 not in force at Royal Assent, see s. 99(1)

36 Monetary penalties E+W+S

(1) The Secretary of State may issue a monetary penalty notice to a regulated body if satisfied that—

(a) a regulatory requirement is not, or has not been, met by the body, or

(b) the body has failed to comply with—

(i) an information notice,

(ii) an interview notice,

(iii) a compliance notice, or

(iv) a redress notice.

(2) The Secretary of State may issue a monetary penalty notice to an authorised self-driving entity if satisfied that an authorised automated vehicle has committed a traffic infraction while the entity was responsible for it.

(3) Subsection (2) does not apply if it appears to the Secretary of State that the commission of the traffic infraction was wholly caused by a failure of a licensed no-user-in-charge operator to comply with a requirement under operator licensing regulations.

(4) A monetary penalty notice is a notice requiring the regulated body to pay a monetary penalty, of a sum specified in the notice, to the Secretary of State.

(5) Subsection (6) applies in relation to a monetary penalty notice issued under subsection (1) if it appears to the Secretary of State that the failure to which the notice relates is or may be a continuing one.

(6) The monetary penalty notice may provide for a sum specified in the notice to be added to the penalty for each day in the period—

(a) beginning with the day after the day on which the notice is issued, and

(b) ending with—

(i) the day on which the failure is brought to an end, or

(ii) such earlier day as is specified in the notice.

(7) A monetary penalty notice must—

(a) explain the Secretary of State’s reasons for issuing the notice, and

(b) specify the time by which, and manner in which, the penalty must be paid.

(8) If a monetary penalty is not paid in time—

(a) the penalty (or the unpaid part of it) carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838;

(b) the Secretary of State may recover the penalty (or the unpaid part of it), with the interest, as a civil debt.

(9) The Secretary of State must, by regulations, provide for the determination of—

(a) a maximum sum that may be specified under subsection (4), and

(b) a maximum sum that may be specified under subsection (6).

(10) Those regulations may determine the sum by reference to the turnover of the regulated body or other entities or undertakings that are connected with the regulated body in a manner specified in the regulations; and if they do so they may also make provision about—

(a) what counts as “turnover”;

(b) how turnover is to be calculated or assessed.

(11) A regulated body is not, in respect of the same conduct or omission, liable both to conviction of an offence under section 24 or 25 and to a monetary penalty under this section (so the occurrence of one, unless overturned or cancelled, means that the other can no longer take place).

Commencement Information

I3 S. 36 not in force at Royal Assent, see s. 99(1)

37 Supplementary provision E+W+S

(1) A single noticed issued under this Chapter may relate to more than one occurrence by virtue of which the power to issue the notice arises (or is said to arise).

(2) Where the Secretary of State has issued a notice to a regulated body under this Chapter, the Secretary of State may by further notice issued to that body—

(a) cancel the notice, or

(b) vary it in any way that does not make it more onerous.

(3) Part 2 of Schedule 1 makes provision—

(a) about the procedure applicable in connection with compliance notices, redress notices and monetary penalty notices (including the recovery of costs and rights of appeal), and

(b) for the assignment of functions under this Chapter to traffic commissioners.

(4) For the purposes of this Chapter, a person who has ceased to be a regulated body is to be treated, in relation to anything that occurred when the person was a regulated body, as if the person were still a regulated body.

Commencement Information

I4 S. 37 not in force at Royal Assent, see s. 99(1)