Automated Vehicles Act 2024

Prospective

Part 6 E+W+S Adaptation of existing regimes

91 Power to update type approval requirements E+W+S

(1) The Secretary of State may exercise the power in subsection (2) if the Secretary of State considers it appropriate to do so for the purpose of making the assimilated type approval legislation more suitable for—

(a) vehicles that are designed to travel autonomously, or

(b) any other type of vehicle that—

(i) includes equipment designed to allow its motion to be controlled other than by an individual in it, or to facilitate its being so controlled, or

(ii) is designed to incorporate or interact with software.

(2) The power is to make regulations amending the assimilated type approval legislation so as to—

(a) impose new type approval requirements, or

(b) alter or remove existing type approval requirements.

(3) The new requirements that may be imposed include—

(a) requirements on a person who is not already subject to type approval requirements (such as a person who is an authorised self-driving entity or licensed no-user-in-charge operator for the purposes of Part 1);

(b) requirements designed for the purpose of securing, demonstrating, recording or assessing compliance with other type approval requirements.

(4) In this section—

• “the assimilated type approval legislation” means—

  (a)

  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles,

  (b)

  Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users,

  (c)

  Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles,

  (d)

  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles;

  (e)

  Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor,

  (f)

  Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles,

  (g)

  Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles,

  (h)

  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems,

  (i)

  Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service,

  (j)

  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

  (k)

  any assimilated direct legislation made under, or for the purposes of, any of the regulations listed above,

  (l)

  the Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235),

  (m)

  the Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), and

  (n)

  the Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818);

• “travel autonomously” has the same meaning as in Part 1 (see section 1(5));

• “type approval requirements” means requirements in connection with the placing or keeping of a vehicle, or any item designed for use in connection with a vehicle, on the market in Great Britain.

Commencement Information

I1 S. 91 not in force at Royal Assent, see s. 99(1)

92 Application of roadside testing powers etc E+W+S

(1) The Road Traffic Act 1988 is amended as follows.

(2) In section 67 (testing of condition of vehicle on roads)—

(a) after subsection (1) insert—

“(1A) An authorised examiner may test an authorised automated vehicle on a road for the purpose of ascertaining whether authorisation requirements or operator licensing regulations are being complied with as respects the vehicle.

(1B) In the sections from this section to section 73 as they apply in relation to an authorised automated vehicle—

(a) references to the driver include any person in charge of the vehicle, and

(b) references to driving the vehicle include operating it in any other way.”;

(b) in subsection (3B)—

(i) omit the “and” after paragraph (b);

(ii) after paragraph (c) insert “, and

(d) authorised automated vehicles.”;

(c) after subsection (8) insert—

“(8A) Subsection (8), as it applies in respect of an authorised automated vehicle, is to be read as if any failure to comply with authorisation requirements or operator licensing regulations were a defect.”;

(d) at the end insert—

“(11) For the purposes of the sections from this section to section 73, inspecting a vehicle includes examining any electronic information stored on, or accessible from, equipment of the vehicle.”

(3) In section 68 (general power of examiners to inspect goods vehicles and passenger vehicles)—

(a) in the heading, for “and goods vehicles” substitute “, goods vehicles and authorised automated vehicles”;

(b) in subsection (6)—

(i) omit the “and” after paragraph (b);

(ii) after paragraph (c) insert “and

(d) authorised automated vehicles;”;

(c) at the end insert—

“(7) But this section does not authorise entry onto domestic premises in respect of a vehicle to which this section applies only because it is an authorised automated vehicle.

(8) In subsection (7), “domestic premises” means premises used as a private dwelling or as an appurtenance to a private dwelling.”;

and in the italic heading preceding that section, for “and goods vehicles” substitute “, goods vehicles and automated vehicles”.

(4) In section 69 (power to prohibit driving)—

(a) in subsection (1), after paragraph (c) insert “, or

(d) in the case of an authorised automated vehicle, by means of one or more of its authorised automation features.”;

(b) in subsection (2), after paragraph (c) insert “, or

(d) in the case of an authorised automated vehicle, by means of one or more of its authorised automation features.”;

(c) at the end insert—

“(10) This section, as it applies in respect of an authorised automated vehicle, is to be read as if any failure to comply with authorisation requirements or operator licensing regulations were a defect.”

Commencement Information

I2 S. 92 not in force at Royal Assent, see s. 99(1)

93 Provision of information about traffic regulation measures E+W

(1) The Secretary of State may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in England.

(2) The Welsh Ministers may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in Wales.

(3) In this section—

• “traffic regulation authority” means a person who has the power to make a traffic regulation measure;

• “traffic regulation measure” means an order or notice under any of the following provisions of the Road Traffic Regulation Act 1984—

  (a)

  section 1 (traffic regulation orders),

  (b)

  section 6 (orders regulating traffic in Greater London),

  (c)

  section 9 (experimental traffic orders),

  (d)

  section 14 (temporary orders and notices),

  (e)

  section 16A (special events), or

  (f)

  section 84 (speed limits).

(4) For the purposes of this section, a traffic regulation measure is a “relevant traffic regulation measure”, in relation to a traffic regulation authority, if it—

(a) is made by that authority, or

(b) otherwise has effect in the area for which that authority has the power to make a traffic regulation measure of that type.

(5) Regulations under this section may be made only if the person making them considers that the provision of information in accordance with the regulations will help to enable information about the effects of traffic regulation measures to be communicated to or acted upon by—

(a) authorised automated vehicles, or

(b) electronic equipment designed to undertake or facilitate the driving of other vehicles on roads.

(6) In relation to regulations under this section that amend previous regulations under this section (see section 14 of the Interpretation Act 1978), subsection (5) applies as if the second reference to regulations were a reference to the previous regulations as they would be amended by the new regulations.

(7) Regulations under this section must make provision about—

(a) to whom the information is to be provided,

(b) when it is to be provided, and

(c) the manner and form in which it is to be provided.

(8) Provision made under subsection (7)(c) may, in particular, provide that information is to be provided in accordance with a specified model, standard or set of specifications as it exists from time to time.

(9) Regulations under this section may apply in respect of traffic regulation measures made before the regulations come into force (including those made before this Act is passed).

Commencement Information

I3 S. 93 not in force at Royal Assent, see s. 99(1)