Automated Vehicles Act 2024

79 Communications likely to confuse as to autonomous capability

(1) A person commits an offence if—

(a) the person makes, or causes or permits the making of, a communication in connection with the promotion or supply of any product or service,

(b) the person is acting in the course of business,

(c) the communication is directed at an end-user or potential end-user of a road vehicle,

(d) it is reasonable to anticipate that the communication will come to the attention of an end-user or potential end-user of a road vehicle in Great Britain, and

(e) the communication would be likely to confuse end-users of road vehicles in Great Britain as to whether a vehicle that is not an authorised automated vehicle is capable of travelling autonomously, safely and legally on roads or other public places in Great Britain.

(2) It is to be assumed for the purposes of this section that a vehicle that is not an authorised automated vehicle is not so capable.

(3) It is a defence for a person accused of an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to prevent end-users or potential end-users of road vehicles in Great Britain from being confused as described in subsection (1)(e).

(4) It is a defence for a person accused of an offence under this section to prove that—

(a) the business in the course of which the person was acting did not involve the manufacture or supply of the product, or the supply of the service, in question,

(b) the communication was formulated in the course of another business, and

(c) the person did not know, and had no reason to suspect, that the making of the communication would amount to an offence under this section.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction in England or Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).