Schedules
Schedule 1Enforcement action under Part 1: procedure
Part 1Unilateral variation, suspension or withdrawal of authorisation
1Ordinary procedure
1
Before varying, suspending or withdrawing an automated vehicle authorisation under section 8(2) or (3), the Secretary of State must—
a
issue to the authorised self-driving entity a notice under sub-paragraph (2), and
b
consider any representations made by the authorised self-driving entity in response to (and in accordance with) that notice.
2
A notice under this sub-paragraph is a notice that—
a
states the Secretary of State’s intention to vary, suspend or withdraw the authorisation,
b
explains the Secretary of State’s reasons for intending to vary, suspend or withdraw the authorisation, and
c
specifies the time by which, and manner in which, representations may be made.
3
4
The Secretary of State must, in, or in a document issued together with, the notice by which the variation, suspension or withdrawal takes effect, explain the Secretary of State’s reasons for the decision.
2Procedure for urgent suspension or temporary variation
1
2
The Secretary of State must—
a
in, or in a document issued together with, the notice by which the suspension takes effect—
i
explain the Secretary of State’s reasons for suspending the authorisation, and
ii
specify the time by which, and manner in which, representations may be made, and
b
as soon as reasonably practicable after suspending the authorisation—
i
consider any representations made by the authorised self-driving entity in response to (and in accordance with) that notice, and
ii
decide whether to lift the suspension.
3
If, having complied with sub-paragraph (2), the Secretary of State decides not to lift the suspension, the Secretary of State must issue to the authorised self-driving entity a notice that—
a
states the Secretary of State’s decision, and
b
explains the Secretary of State’s reasons for the decision.
4
The preceding sub-paragraphs apply in relation to temporary variation as they apply in relation to suspension; and for that purpose the references to lifting the suspension are to be read as references to reversing the variation.
3Appeals
1
2
The grounds on which an appeal may be brought are—
a
b
c
d
that the decision to vary, suspend or withdraw the authorisation was unreasonable;
3
If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and—
a
direct that the variation, suspension or withdrawal be undone, or
b
remit the matter to the Secretary of State with a direction that the Secretary of State consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to undo the variation, suspension or withdrawal.
4
Otherwise, the Tribunal must dismiss the appeal.
5
Sub-paragraph (6) applies if—
b
by the specified time, the Secretary of State has not undone the variation, suspension or withdrawal.
6
7
In this paragraph—
a
references to the undoing of a variation, suspension or withdrawal refer—
i
in the case of variation, to the reversal of the variation,
ii
in the case of suspension, to the lifting of the suspension, or
iii
in the case of withdrawal, to the restoration of the withdrawn authorisation;
b
references to the authorised self-driving entity include, in the case of a withdrawn authorisation, the person who was the authorised self-driving entity immediately before the withdrawal;
c
“the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (8).
8
Tribunal Procedure Rules may provide for an appeal under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.
4Backstop procedure for cases where authorised self-driving entity defunct
1
Sub-paragraph (2) applies if the Secretary of State is satisfied, in relation to an authorised automated vehicle, that—
a
there is no longer an authorised self-driving entity, or
2
3
Section 9(6) does not apply to a suspension or withdrawal in reliance on this paragraph, which instead takes effect—
a
when notice of it is published by the Secretary of State, or
b
at such later time as is specified in the notice.
4
If an automated vehicle authorisation is suspended or withdrawn in reliance on this paragraph, the authorised self-driving entity may appeal to the Tribunal on the ground that the Secretary of State was wrong to be satisfied as described in sub-paragraph (1).
5
If satisfied that that ground is made out, the Tribunal must allow the appeal and direct that the suspension or withdrawal be undone; and otherwise the Tribunal must dismiss the appeal.
6
Part 2Civil sanctions
5Notices of intent
1
Before issuing a compliance notice, redress notice or monetary penalty notice (“the principal notice”) to a regulated body, the Secretary of State must—
a
issue to the body a notice of intent, and
b
consider any representations made by the body in response to (and in accordance with) that notice.
2
A notice of intent is a notice that—
a
states the Secretary of State’s intention to issue the principal notice,
b
sets out the intended terms of that notice,
c
explains the Secretary of State’s reasons for intending to issue that notice, and
d
specifies the time by which, and manner in which, representations may be made.
3
A notice of intent may also—
a
state the Secretary of State’s intention to issue a costs notice in connection with the principal notice, and
b
give a general indication of the nature of the costs that the Secretary of State is likely to seek to recover by way of the costs notice.
6Costs
1
If—
a
the Secretary of State issues a compliance notice, redress notice or monetary penalty notice (“the principal notice”) to a regulated body, and
b
the Secretary of State may also issue a costs notice to that body.
2
A costs notice is a notice requiring the regulated body to pay a sum specified in the notice to the Secretary of State.
3
That sum must be no greater than the total of the costs reasonably incurred by the Secretary of State in connection with the principal notice.
4
The costs that may be taken into account for that purpose include—
a
costs of investigating the matters to which the principal notice relates,
b
administrative costs, and
c
costs of obtaining expert advice (including legal advice).
5
A costs notice must—
a
particularise the costs relied on in arriving at the sum specified in the notice,
b
explain (if it is not otherwise apparent) how those costs have been calculated, and
c
specify the time by which, and manner in which, the sum must be paid.
6
If a sum payable under a costs notice is not paid in time—
a
the sum (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 sum (or the unpaid part of it), with the interest, as a civil debt.
7
The cancellation of a compliance notice, redress notice, or monetary penalty notice has the effect of cancelling any costs notice issued in connection with it.
7Appeals
1
A person to whom a compliance notice, redress notice, monetary penalty notice or costs notice is issued may appeal to the Tribunal.
2
The grounds on which an appeal may be brought are—
a
in the case of a compliance notice or redress notice—
i
that the failure to meet requirements, or commission of a traffic infraction, on the grounds of which the notice was issued did not occur, or
ii
that the actions specified in the notice, or the time or period specified for taking them, are unreasonable;
b
in the case of a monetary penalty notice—
i
that the failure to meet requirements, or commission of a traffic infraction, on the grounds of which the notice was issued did not occur, or
ii
that the sum or amount specified in the notice, or the time or manner specified for paying it, is unreasonable;
c
d
in the case of a costs notice—
i
ii
that the time or manner specified for payment is unreasonable;
e
that the Secretary of State failed to comply with a requirement of paragraph 5, or made some other procedural error, in respect of the notice.
3
If satisfied that any of those grounds is made out, the Tribunal must allow the appeal and do whichever of the following it considers appropriate—
a
cancel the notice,
b
4
Otherwise, the Tribunal must dismiss the appeal.
5
a
the Secretary of State varies the notice further to the direction, or
b
by the specified time, the Secretary of State has neither varied nor cancelled the notice.
6
The person who appealed against the notice may on application re-open the appeal—
a
b
in the case of a variation, on any further ground within sub-paragraph (2) that arises from the variation;
7
The Tribunal (or any court on a further appeal) may make an interim order suspending the effect of a notice appealed against under this paragraph.
8
9
In this paragraph, “the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (10).
10
Tribunal Procedure Rules may provide for an appeal or application under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.
8Assignment of functions to traffic commissioners
1
2
3
The Secretary of State may, by regulations, provide for a procedure whereby a compliance notice, redress notice, monetary penalty notice or costs notice issued by the Secretary of State may be reviewed by a traffic commissioner on application by the person against whom it is issued.
4
In a case in which such regulations have effect, the right of appeal conferred by paragraph 7 does not arise until the exhaustion of the review procedure.
5
Money received by a traffic commissioner as a result of regulations under this paragraph must be paid into the Consolidated Fund in such manner as the Treasury may direct.
Schedule 2Amendments related to Part 1
1Theft Act 1968 (c. 60)
In section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority), in subsection (7), for paragraph (a) (but not the final “and”) substitute—
a
“conveyance” means—
i
any conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air, except a conveyance constructed or adapted for use only under the control of a person not carried in or on it, or
ii
any vehicle authorised under section 3 of the Automated Vehicles Act 2024,
and “drive” accordingly includes any act of putting in motion, or controlling the motion of, any such conveyance or vehicle;
2Prescription and Limitation (Scotland) Act 1973 (c. 52)
In section 18ZA of the Prescription and Limitation (Scotland) Act 1973 (actions under section 2 of the Automated and Electric Vehicles Act 2018), in subsections (1) and (4)(b), before “automated” insert “authorised”
.
3Limitation Act 1980 (c. 58)
In section 14(1B) of the Limitation Act 1980 (date of knowledge for purposes of limitation periods to do with automated vehicles), before “automated” (in both places it occurs) insert “authorised”
.
4Road Traffic Act 1988 (c. 52)
1
The Road Traffic Act 1988 is amended as follows.
2
In section 145 (requirements about insurance policies), in subsections (3A) and (4), before “automated” (in each place it occurs) insert “authorised”
.
3
In section 161(1) (definitions for the purposes of Part 6), omit the definition of “automated vehicle”.
4
In the table in section 162 (index to Part 6), omit the entry for “automated vehicle”.
5
In section 192 (general interpretation)—
a
in subsection (1), at the appropriate place insert—
“authorised automated vehicle” means a vehicle authorised under section 3 of the Automated Vehicles Act 2024;
6
In the table in section 194 (index of defined terms), at the appropriate place insert—
Authorised automated vehicle
Section 192
5Automated and Electric Vehicles Act 2018 (c. 18)
1
The Automated and Electric Vehicles Act 2018 is amended as follows.
2
Omit section 1 (list of automated vehicles).
3
In each of the following provisions, before “automated” insert “authorised”
—
a
in section 2, the heading and subsections (1)(a), (2)(a), (3)(a) and (c)(ii) and (4);
b
section 3(2);
c
in section 4, subsections (1) and (6)(a);
d
in section 6, subsections (2)(a) and (3);
e
section 8(3)(b) (in both places).
4
In section 2 (liability of insurers etc)—
a
in subsection (1)(b), for “insured” substitute “being used by an insured person”
;
b
in subsection (2)(b), for “insured” substitute “being used by an insured person”
.
5
In section 7 (duty to prepare report on operation of Part 1 of the Act)—
a
in subsection (1)—
i
omit paragraph (a);
ii
in paragraph (b), for “vehicles that are capable of safely driving themselves” substitute “authorised automated vehicles”
;
b
in subsection (2), for “publication of the list under section 1” substitute “authorisation is granted under section 3 of the Automated Vehicles Act 2024”
.
6
In section 8 (interpretation)—
a
for subsection (1) substitute—
1
For the purposes of this Part—
a
an authorised automated vehicle is “driving itself” if it is travelling while an authorised automation feature of the vehicle is engaged;
b
a person is an “insured person”, in relation to a vehicle, if there is in force in relation to that person’s use of the vehicle on a road or other public place in Great Britain a policy of insurance that satisfies the conditions in section 145 of the Road Traffic Act 1988.
1A
b
in subsection (2)—
i
ii
omit the definition of “insured person”;
iii
for the definition of “insurer” substitute—
“insurer”, in relation to an insured person, means the insurer under the policy in question;
7
In the Schedule, omit paragraphs 20 and 21.
Schedule 3Amendments related to sections 53 and 54
1Road Traffic Act 1988 (c. 52)
1
The Road Traffic Act 1988 is amended as follows.
2
In section 12E(3) (disapplication of certain enactments to authorised motor races in England and Wales), in the table, at the appropriate places under the heading for the Road Traffic Act 1988 insert—
Section 3C
Use of automated vehicle in dangerous state
Section 3D
Causing death, or serious injury, by use of automated vehicle in dangerous state
Section 22B
Causing danger to road-users resulting in automated vehicle killing or seriously injuring
3
4
In section 13A (disapplication of sections 1 to 3 of the Act to authorised motoring events)—
b
after subsection (1) insert—
2Road Traffic Offenders Act 1988 (c. 55)
1
The Road Traffic Offenders Act 1988 is amended as follows.
2
In section 24 (alternative verdicts)—
a
in subsection (A2)—
i
omit the “and” at the end of paragraph (c);
ii
after paragraph (c) insert—
ca
an offence under section 3C of that Act (use of automated vehicle in dangerous state),
cb
an offence under section 3D of that Act (causing death, or serious injury, by use of automated vehicle in dangerous state),
cc
an offence under section 22B of that Act (causing danger to road-users resulting in automated vehicle killing or seriously injuring),
cd
an offence under section 34B of that Act (use of road vehicle without a driver or licensed oversight),
ce
an offence under section 34C of that Act (causing death, or serious injury, by use of road vehicle without a driver or licensed oversight), and
b
in the table in subsection (1), at the appropriate places insert—
Section 22B (causing danger to road-users resulting in automated vehicle killing or seriously injuring)
Section 22A (causing danger to road-users)
3
In the table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), at the appropriate places insert—
RTA section 3C
Use of automated vehicle in dangerous state.
Sections 1, 11 and 12(1) of this Act.
RTA section 34B
Use of road vehicle without a driver or licensed oversight.
Sections 1, 11 and 12(1) of this Act.
3Crime (International Co-operation) Act 2003 (c. 32)
1
Schedule 3 to the Crime (International Co-operation) Act 2003 (offences in respect of which notice of driving disqualification must be given to Republic of Ireland) is amended as follows.
2
3
4Armed Forces Act 2006 (c. 52)
In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic offences in respect of which service police must be notified of possible corresponding service offence)—
b
after “drugs,” insert “causing death, or serious injury, by use of automated vehicle in dangerous state,”
;
c
after “road-users” insert “, causing danger to road-users resulting in death or serious injury”
.
Schedule 4Amendments related to section 66(3)
1
1
The Road Traffic Offenders Act 1988 is amended as follows.
2
In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) of that Act apply)—
a
in paragraph 1A(b), omit the final “, and”;
b
c
3
In Part 2 of Schedule 2 (penalties for road traffic offences) at the end insert—
Schedule 5Enforcement of marketing restrictions
1Duty to enforce
1
2
Sub-paragraph (1) does not authorise the Secretary of State to bring criminal proceedings in Scotland.
2Application of consumer enforcement powers
In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (enforcement responsibilities attracting investigatory powers under that Schedule), at the appropriate place insert—
paragraph 1 of Schedule 5 to the Automated Vehicles Act 2024;
3Out-of-court undertakings
1
2
3
The Secretary of State must publish details of any undertaking accepted under this paragraph.
4Civil injunctions
1
2
The Secretary of State may bring proceedings for an injunction (and in those proceedings may apply for an interim injunction) against any person appearing to the Secretary of State to be concerned, or likely to be concerned, with the offence.
3
4
Before granting an injunction, the court must have regard to all the interests involved and, in particular, the public interest.
5
The power in sub-paragraph (6) is exercisable if the court—
a
b
grants an injunction (other than an interim injunction) against the person,
and is so exercisable for the purpose of eliminating any continuing effect of the communication that gave rise to the offence.
6
The court may require the person to publish, in such form and manner and to such extent as the court thinks appropriate—
a
the injunction, and
b
a corrective statement.
7
The court may grant an injunction under this paragraph even where there is no evidence of proof of actual loss or damage or of intention or negligence on the part of the person against whom the proceedings are brought.
8
The Secretary of State must publish details of—
a
any proceedings brought under this paragraph, and
b
any order made, or undertaking accepted, by the court in the course of those proceedings.
9
In this paragraph—
“the court” means—
- a
the county court or the High Court, in England and Wales, or
- b
a sheriff or the Court of Session, in Scotland;
- a
“injunction” is to be read, in the application of this paragraph in Scotland, as “interdict”.
5Time limit for prosecution
1
a
the end of the period of 3 years beginning with the date of the commission of the offence, and
b
the end of the period of 12 months beginning with the date of the discovery of the offence by the prosecutor.
2
a
a certificate signed by or on behalf of the prosecutor and stating the date on which the offence was discovered by the prosecutor is conclusive evidence of that fact, and
b
a certificate stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved.
Schedule 6Civil sanctions for infringing passenger permit scheme
1Compliance notices
1
The appropriate national authority may issue a compliance notice to a permit holder if satisfied that the permit holder has committed an infringement of the permit scheme.
2
A compliance notice is a notice requiring the permit holder to take such actions within sub-paragraph (3) as are specified in the notice.
3
The actions that may be specified are those that the appropriate national authority considers appropriate in order to secure, or make it more likely, that the permit holder does not commit any similar infringement of the permit scheme in future.
4
The actions may be specified by referring (with or without further particulars) to the actions necessary to achieve a result described in the notice.
5
A compliance notice must—
a
explain the appropriate national authority’s reasons for issuing the notice, and
b
specify the time by which, or period during which, the specified actions must be taken.
6
The reference in sub-paragraph (2) to taking action includes refraining from taking action; and “actions” in this paragraph is to be read accordingly.
2Monetary penalties
1
The appropriate national authority may issue a monetary penalty notice to a permit holder if satisfied that the permit holder has—
a
committed an infringement of the permit scheme, or
b
failed to comply with a compliance notice.
2
A monetary penalty notice is a notice requiring the permit holder to pay a monetary penalty, of a sum specified in the notice, to the appropriate national authority.
3
Sub-paragraph (4) applies in relation to a monetary penalty notice if it appears to the appropriate national authority that the failure to which the notice relates is or may be a continuing one.
4
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.
5
A monetary penalty notice must—
a
explain the appropriate national authority’s reasons for issuing the notice, and
b
specify the time by which, and manner in which, the penalty must be paid.
6
If a monetary penalty is not paid on 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 appropriate national authority may recover the penalty (or the unpaid part of it), with the interest, as a civil debt.
7
The appropriate national authority must, by regulations, provide for the determination of—
a
a maximum sum that may be specified under sub-paragraph (2), and
b
a maximum sum that may be specified under sub-paragraph (4).
8
Those regulations may determine the sum by reference to the turnover of the permit holder or any entities or undertakings that are connected with the permit holder 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.
3Notice of intent
1
Before issuing a compliance notice or monetary penalty notice to a permit holder, the appropriate national authority must—
a
issue a notice of intent to the permit holder, and
b
consider any representations made by the permit holder in response to (and in accordance with) that notice.
2
A notice of intent is a notice that—
a
states the appropriate national authority’s intention to issue the compliance notice or monetary penalty notice,
b
sets out the terms of that intended notice,
c
explains the appropriate national authority’s reasons for intending to issue that notice, and
d
specifies the time by which, and manner in which, representations may be made.
3
A notice of intent may also—
a
state the appropriate national authority’s intention to issue a costs notice in connection with the principal notice, and
b
give a general indication of the nature of the costs that the appropriate national authority is likely to seek to recover by way of the costs notice.
4Costs
1
If—
a
the appropriate national authority issues a compliance notice or monetary penalty notice (“the principal notice”) to a permit holder, and
b
the appropriate national authority may also issue a costs notice to the permit holder.
2
A costs notice is a notice requiring the permit holder to pay a sum specified in the notice to the appropriate national authority.
3
That sum must be no greater than the total of the costs reasonably incurred by the appropriate national authority in connection with the principal notice.
4
The costs that may be taken into account for that purpose include—
a
costs of investigating the matters to which the principal notice relates,
b
administrative costs, and
c
costs of obtaining expert advice (including legal advice).
5
A costs notice must—
a
particularise the costs relied on in arriving at the sum specified in the notice,
b
explain (if it is not otherwise apparent) how those costs have been calculated, and
c
specify the time by which, and manner in which, the sum must be paid.
6
If a sum payable under a costs notice is not paid in time—
a
the sum (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 appropriate national authority may recover the sum (or the unpaid part of it), with the interest, as a civil debt.
7
The cancellation of a compliance notice or monetary penalty notice has the effect of cancelling any costs notice issued in connection with it.
5Cancellation and variation
Where the appropriate national authority has issued a compliance notice, monetary penalty notice or costs notice to a permit holder, the appropriate national authority may by further notice issued to the permit holder—
a
cancel the notice, or
b
vary it in any way that does not make it more onerous.
6Appeals
1
A person to whom a compliance notice, monetary penalty notice or costs notice is issued may appeal to the Tribunal.
2
The grounds on which an appeal may be brought are—
a
in the case of a compliance notice—
i
that the infringement of the permit scheme on the grounds of which the notice was issued did not occur, or
ii
that the actions specified in the notice, or the time or period specified for taking them, are unreasonable;
b
in the case of a monetary penalty notice—
i
that the infringement of the permit scheme, or failure of compliance, on the grounds of which the notice was issued did not occur, or
ii
that the sum specified in the notice, or the time or manner specified for paying it, is unreasonable;
c
in the case of a costs notice—
i
ii
that the time or manner specified for payment is unreasonable;
d
that the appropriate national authority failed to comply with paragraph 3, or made some other procedural error, in respect of the notice.
3
If satisfied that any of the grounds is made out, the Tribunal must allow the appeal and do whichever of the following it considers appropriate—
a
cancel the notice,
b
remit the matter to the appropriate national authority with a direction that the appropriate national authority consider, in accordance with the findings of the Tribunal and by such time as the Tribunal specifies, whether to cancel or vary the notice under paragraph 5, or
c
if the appeal is allowed on the ground in sub-paragraph (2)(b)(ii) or (c), vary the notice.
4
Otherwise, the Tribunal must dismiss the appeal.
5
Sub-paragraph (6) applies if a direction is made under sub-paragraph (3)(b) and—
a
the appropriate national authority varies the notice further to the direction, or
b
by the specified time, the appropriate national authority has neither varied nor cancelled the notice.
6
The person who appealed against the notice may on application re-open the appeal—
a
on any of the original grounds further to which the direction under sub-paragraph (3)(b) was made, or
b
in the case of a variation, on any further ground within sub-paragraph (2) that arises from the variation;
and sub-paragraphs (3) and (4) apply again in relation to the grounds on which the appeal is re-opened.
7
The Tribunal (or any court on a further appeal) may make an interim order suspending the effect of a notice appealed against under this paragraph.
8
If a monetary penalty notice includes provision under paragraph 2(4), either the appropriate national authority or the person to whom the notice is issued may apply to the Tribunal for a determination of whether an additional sum has become payable under that provision in respect of a particular day.
9
In this paragraph, “the Tribunal” means the First-tier Tribunal, subject to sub-paragraph (10).
10
Tribunal Procedure Rules may provide for an appeal under this paragraph to be made to the Upper Tribunal instead of the First-tier Tribunal; and if that is done references to “the Tribunal” are to be read accordingly.
7Enforcement action in respect of multiple occurrences
A single notice issued under this Schedule may relate to more than one occurrence by virtue of which the power to issue the notice arises (or is said to arise).