Prospective

Part 1 E+W+SRegulatory scheme for automated vehicles

Chapter 3 E+W+SProvision of information by regulated bodies

Offences relating to information about safety E+W+S

25 Aggravated offence where death or serious injury occurs E+W+S

(1) A person commits an offence if—

(a) the person has committed an offence under section 24(1) or (3),

(b) had information been provided in a way that avoided the commission of any such offence, that information would have disclosed a heightened risk that a vehicle in which an authorised automation feature is engaged would be involved in a dangerous incident of a particular kind,

(c) a vehicle in which that feature is engaged is involved in a dangerous incident of that kind, and

(d) an individual is killed or seriously injured as a result of that incident.

(2) A person commits an offence if—

(a) the person has committed an offence under section 24(4),

(b) the conduct constituting the offence prevented the provision of accurate information to the Secretary of State,

(c) had that information been provided in the way that that conduct prevented, it would have disclosed a heightened risk that a vehicle in which an authorised automation feature is engaged would be involved in a dangerous incident of a particular kind,

(d) a vehicle in which that feature is engaged is involved in a dangerous incident of that kind, and

(e) an individual is killed or seriously injured as a result of that incident.

(3) For the purposes of subsections (1) and (2)—

(a) information would have “disclosed a heightened risk” if it would have caused a reasonable person to perceive a greater risk than the person would have perceived from the information (if any) that was in fact provided when the offence under section 24 occurred;

(b) “dangerous incident” means an incident of a sort that carries an obvious risk of serious injury to an individual.

(4) It is a defence for a person accused of an offence under this section to prove that the offence under section 24 had, by the time the dangerous incident occurred, no significant continuing effect on the risk of its occurring.

(5) A person who commits an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(6) In this section, “serious injury” means—

(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861;

(b) in Scotland, severe physical injury.

Commencement Information

I1 S. 25 not in force at Royal Assent, see s. 99(1)