Wednesday 9th May 2018
(6 years, 7 months ago)
Lords ChamberAutomated and Electric Vehicles Act 2018 View all Automated and Electric Vehicles Act 2018 Debates Read Hansard Text Amendment Paper: HL Bill 82-I Marshalled list for Committee (PDF, 133KB) - (4 May 2018)
Lord Berkeley
I am grateful for the noble Lord’s explanation. It depends on whether the road is as defined in Clause 1(1)(a),
“roads or in other public places”,
on whether or not it will be a railway.
I want to point out that autonomous railways are happening at the moment. The centre section of the Thameslink railway is effectively driverless. It does not go very far—from Kings Cross St Pancras to Blackfriars—but it does not need a driver. Of course, a driver is there, but that is the state of technology on the mainline railways, and the underground railways and metros have done it for a long time. Whether the same number of passengers could be taken by these autonomous pods up a railway, road or whatever, compared with a 12-car train every two minutes with people standing is a debate we can have. But I am not sure that I would support widening this Bill to get that far.
I have also been studying a few issues related to the content of the Bill, and recently met the author Christian Wolmar who has written a book, Driverless Cars: On A Road To Nowhere. I recommend that the Minister and other speakers to read it; I am not going to give it away today. Without necessarily supporting what he says, there are issues relating to the human reaction to automation that are quite useful to study, including how close a vehicle can get to the one in front, and all the things we spoke about on Second Reading, which I shall not repeat today. It may take rather longer than some noble Lords think for all this to come about. We are certainly right to debate it now and to concentrate on common standards.
I certainly support my noble friend Lord Tunnicliffe. I think he was speaking to Amendment 8, which I did not know was in this group, but he made a good speech and I certainly support it.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Sugg) (Con)
My Lords, at the outset of this debate today on automated vehicles, I think it is helpful to set out what this Bill is trying to achieve. The provisions within the automated part of the Automated and Electric Vehicles Bill extend compulsory motor vehicle insurance to cover the use of automated vehicles when operating in automated mode, so that victims of an accident caused by an automated vehicle while driving itself will be covered by the compulsory insurance in place on the vehicle. The insurer would be initially liable to pay compensation to any victim, including to the driver who had legitimately handed control to the vehicle. The insurer then would have the right to recover costs from any liable parties under existing UK common law and product liability law.
The Bill therefore requires the Secretary of State to publish a list of automated vehicles which are,
“designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves”.
The purpose of this power is to allow manufacturers, owners of vehicles and insurers to know if the extension to compulsory motor insurance in this legislation applies to their vehicle. This will provide certainty to the automotive and insurance industries, as well as clarity to the public. The scope of the Bill applies to highly and fully automated vehicles only—that is, vehicles for which, when driving themselves, there is no monitoring or controlling role required of the driver.
This is broadly equivalent, as the noble Baroness, Lady Randerson, said, to levels 4 and 5, as defined by the Society of Automotive Engineers—the SAE—and does not apply to vehicles with lower levels of automated technology or utilising advanced driver assistance systems, no matter how sophisticated. It does not apply to level 3 vehicles, and the Tesla vehicle the noble Baroness mentioned would not be covered. We will come to this point later, but level 3 cars still require monitoring by a driver, so they are not fully automatic and are not covered by the Bill. It also only applies to automated vehicles that are or might lawfully be used on roads or in other public places in Great Britain.
I acknowledge the point made by many noble Lords on the narrow scope of this Bill. It was designed with a specific purpose in mind, and I look forward to hearing the views of noble Lords from across the House on the amendment from my noble friend Lord Borwick introducing more powers for the Government.
Regarding the first amendment of the noble Baroness, Lady Randerson, on the inclusion of vehicles manufactured and purchased outside Great Britain, there is already a long-established process, along with guidance on the GOV.UK website, which covers the permanent use of foreign-registered vehicles in the UK. As part of this process, any vehicle which drives on UK roads must already be type-approved. For temporary use of vehicles on our roads, through the Motor Insurers’ Bureau we operate a Green Card scheme—an international certificate of insurance to make sure that victims of accidents involving foreign-registered vehicles are covered. We think this process would be the same for automated vehicles and, therefore, do not think the amendment is necessary at this stage because all vehicles manufactured and/or purchased outside Great Britain will be covered by the existing text.
The Bill does not define automated vehicles by SAE levels, as proposed by the noble Baroness, Lady Randerson, in Amendment 2. This is because the SAE levels are generalised industry categories describing a broad capability, which could change over time. The type approval of an automated vehicle, the criteria of which have not yet been agreed, will not be carried out according to SAE levels of automation. Noble Lords may find it helpful to note that the UNECE working parties that set the international standards by which vehicles will be type-approved and used have rejected the SAE definitions because they do not meet the level of precision needed for regulation. Instead, they simply set out broad definitions.
The categories set out by the SAE are under continual revision. A direct link to the levels creates problems if the definitions move away from what is needed for the proper functioning of the Bill. I want to be clear: we are not rejecting the SAE levels. They are helpful, but they do not—the UNECE agrees with us here—meet the level of precision needed for type approval and regulation.
Lord Berkeley
Could the noble Baroness explain what she means by “manufactured in Great Britain”? She is aware of all the Brexit debates about certificates of origin, and that bits and pieces and components go right across the world and back again. What exactly do we mean by “manufactured in Great Britain”? Is it just the name on the front?
Baroness Sugg
Happily, the Bill covers vehicles manufactured in Great Britain and abroad: it covers any vehicle. I am afraid I do not have an exact definition, but I imagine that it is when the majority is manufactured in the UK. As I say, the Bill will cover all vehicles, wherever they are manufactured.
On Amendment 33, I am in complete agreement with the noble Lord, Lord Tunnicliffe, that we must ensure that all new automated vehicles are safe and secure for use in Great Britain. We have many amendments to come on that. We are working at the United Nations level to develop international requirements for vehicle manufacturers on both vehicle safety and cybersecurity. These standards, which are still being developed, will then form the basis of the type approval process which automated vehicles, like conventional vehicles today, must pass before they can be sold for safe use on British roads or in other public places, or get on to the Secretary of State’s list for insurance.
Based on the international UNECE standards, which the UK is actively contributing to, and our evolving domestic regulatory programme, we expect it to be very clear which vehicles, including their software, can safely operate in automated mode. We do not think it appropriate at this early stage to set too precise criteria.
Lord Hunt of Chesterton
You are still not explaining how people will understand and be informed of this. Is there no regulation for that? As I understand it, even manufacturers are conscious of this being uncontrolled. When you buy such a car, you do not know what kind of information you will have and how you are going to be taught about it. As I mentioned, British cars are being provided with little information, unlike the Tesla car. Even for that complicated car they apparently need an hour and a half or whatever it is for training. Is anything being done about that?
Baroness Sugg
As the noble Lord rightly says, for level 3 partially automated cars there is a training system in place before the vehicle is used. For levels 4 and 5 that is something we are working on. We have not seen these vehicles yet, but I agree it will be essential to ensure that people who use these vehicles are able to use them safely. That is part of what we will be looking at, as we put together the regulations.
We think that we need to maintain flexibility to ensure that all the vehicles relevant to Clause 1 can be identified and included in the list, so that we can give insurers the clarity over which vehicles require insurance.
On hacking, we are working with the UK security agencies, including the Centre for the Protection of National Infrastructure, and the new National Cyber Security Centre, to engage directly with industry, raising awareness and promoting best practice. Cybersecurity, including for automated vehicles, has been identified as a top priority in the national security strategy. Of course, it is essential that all parties involved in the manufacturing supply chain, from designers and engineers to retailers and executives, are provided with a consistent set of guidelines that support the industry. As part of this work, we developed, consulted with industry, and published in August last year the Principles of Cyber Security for Connected and Automated Vehicles, a guidance document for the automotive industry on good cybersecurity. Those principles are now informing the work that we do at UNECE level on the taskforce on cybersecurity, which is developing standards, practices, directives, and regulations concerning cybersecurity and their applicability to the automotive industry. We have also set up an automotive information exchange to promote sharing of intelligence and best practice for effective cybersecurity.
I very much agree with the intention of the amendment, but we think that both the safety and cybersecurity requirements of automated vehicles will be covered in future regulations, once agreed at this international level. I hope that, given those arguments, the noble Baroness feels able to withdraw her amendment.
Lord Tunnicliffe
The Minister made a very important statement at the beginning, so I want to make sure that I heard it correctly. I think that she said that the responsibility of the Secretary of State would be to list the vehicles that could safely be driven automatically or would safely drive themselves automatically on the roads. Does that mean that the Secretary of State will effectively be certificating these vehicles as being safe?
Baroness Sugg
The vehicles will be certified through the type approval process, following what has been agreed at international levels. That is what will decide whether or not those vehicles are safe. Once that type of approval process has happened, those vehicles will then go on the Secretary of State’s list, which is purely for insurance purposes, so that insurance companies and purchasers of vehicles can understand whether those vehicles require automated vehicle insurance. So it will be a separate process to the list on exactly how those vehicles are certified, which is what is subject to ongoing conversations at international level. We do not yet have those standards, but we are working towards getting them, which will certify whether a vehicle is safe. Given that, I hope that the noble Baroness feels able to withdraw her amendment at this stage.
Baroness Sugg
I am afraid that we do not have a specific timetable. Obviously, technology is developing all the time, and we do not yet have the technology available for type 4 and type 5 vehicles. We are working closely, as I say, at United Nations level, and are also working as part of that with both vehicle and software manufacturers to be able to define those standards. Given that we do not yet have the technology, we are not yet able to define the standards, so I am afraid that it will slightly depend on how things progress. However, we play a leading role in this and, as soon as these international standards are set, we will then be able to use them for our type approval for standards within the UK and declare it legal and safe for those vehicles to be driven in the UK.
Baroness Randerson
I thank noble Lords and the Minister for her comments, and particularly thank the noble Lord, Lord Borwick, for his support on the need for a more precise definition.
In response to the noble Lord, Lord Lucas, I clarify that I have specified levels 4 and 5 because that is what the Government have said that the Bill applies to. If the Government want it to apply to level 3 as well, that is fine. The principle is the need for a clearer definition; the use of levels rather than the definition is what I am suggesting.
The noble Lord, Lord Berkeley, asked how long it would take to get used to automated vehicles. If you drive a minibus, it comes as a bit of a shock to find that you are sort of on top of the car in front of you, in comparison with driving a car, when you expect to have a bonnet in front of you. We are getting used to new ways of driving. As I have mentioned before to noble Lords, I have an electric car, and that is a totally different style of driving. We will get used to it more quickly than perhaps some people think.
Lord Lucas
My Lords, if we imagine a future with a lot of autonomous vehicles around, one of the things that such a vehicle needs to do is predict how other autonomous vehicles will react in particular circumstances—that is, if faced with a sudden unexpected obstacle, the priority will be to veer to the left, say. That knowledge can come only on the basis of a shared understanding of the software that each of them has and of the capabilities in terms of awareness of the local picture and the wider picture that are built into the vehicle. To allow those things to be tampered with by back-street garages and amateur electricians seems to me to go against the whole advantage of moving towards autonomy. Therefore I very much support what the noble Lord, Lord Tunnicliffe, is aiming at. I think we need really clear control of the quality of maintenance.
I can see what the noble Baroness, Lady Randerson, is aiming at in removing “or adapted”; we do not allow people to adapt Boeing 747s in a random sort of way. They might do it to trial things and have a bit of their own airspace to wander around in while they are doing it, but we should be really cautious in allowing widespread adaptation. Every adaptation introduces another complication that every other autonomous vehicle would have to be aware of. Adaptation should be confined to test areas and test tracks, and what appears on the public scene should be a well-understood, well-documented vehicle—and not too many different kinds, please.
Baroness Sugg
My Lords, I will first address Amendment 3, tabled by the noble Baroness, Lady Randerson, regarding the removal of “or adapted” from Clause 1(1). It may be that in the future vehicles could be adapted to be capable of driving themselves safely. It could also be the case that some future vehicles are designed to be ready for full automation at some point after their sale but not yet fully capable.
I do understand the concern around this, as we have not yet seen such vehicles in the marketplace, but, given that we cannot predict how these vehicles will evolve, it is important to ensure that we do not prematurely preclude such technology—or, as the noble and gallant Lord, Lord Craig of Radley, put it, slam the door on potential innovation. Happily, it would not be up to the Secretary of State or, indeed, the Department for Transport, to decide whether an adapted vehicle was safe. Whether it was a vehicle adapted by an enthusiast in their back yard, or with a software update from Tesla, it would be subject to the same type of approval process before it could be legally used on our roads. So I can reassure noble Lords that a vehicle with any such adaptation would be on the Clause 1 list—and therefore have insurance, and be on our roads legally—only if the adaptation was considered safe.
On Amendment 29, the noble Lord, Lord Tunnicliffe, is of course absolutely right to be concerned that automated vehicles meet appropriate safety standards and that the inspection, repair and maintenance of an automated vehicle is done in an authorised way. Motorists with these new vehicles will clearly expect the same level of knowledge and customer service they have come to expect for conventional vehicles. However, we believe that at this stage it is too early to develop a full training, licensing, and accreditation scheme for automated vehicles, or to legislate on how automated vehicles are inspected, maintained and repaired.
As I have said, the Bill is focused on ensuring a sensible insurance regime, and we do not believe that it is the right time to legislate further on maintenance in the manner outlined by the noble Lord, Lord Tunnicliffe, given that the UNECE harmonised technical safety standards have not yet been agreed for these vehicles. As I said in debate on previous groups, these conversations around safety standards are ongoing, with the UK actively participating in these important discussions.
Lord Tunnicliffe
Might the noble Baroness meet us half way by giving us an assurance that at an appropriate time such a scheme will be developed?
Baroness Sugg
I am happy to give the noble Lord that assurance. I think that, in order for the UK to remain a leader in the development and deployment of AV technology, we will of course need the right skills. If we are to secure an automated future we will need them in ongoing repair and maintenance as well as in design and technology.
We are working with the relevant technology and professional bodies on this issue, alongside the DVSA. We are also working with the Automotive Council on improving skills in the sector by developing new trailblazer apprenticeships and targeting areas where there are skills shortages, as well as co-ordinating work across the sectors. As the professional body for the automotive industry, the Institute of the Motor Industry is well placed to help the Government understand the challenges of ensuring that automated vehicle maintenance and repair is carried out in a professional and safe manner. We hold regular meetings with the IMI, at both official and ministerial level, to discuss the potential models of regulation that we will need for AV skills testing.
As I said, I understand noble Lords’ concern in this area. As the technology develops and matures we will consider such an accreditation scheme and what, if any, government intervention would be needed to ensure that we have enough skills to make sure that the industry can develop. We fully expect there to be other pieces of regulatory and legislative reform in due course as part of our wider programme.
While I can reassure noble Lords that the work on training and accreditation is progressing well, I am afraid—I feel I will be saying this a lot today—that, as the Bill concerns an insurance framework, we do not feel it is an appropriate place to include such an amendment. But I hope that the reassurances I have given on the work that is ongoing in this area, and that in due course we will be looking to implement such a scheme, will allow the noble Baroness to withdraw her amendment.
Lord Lucas
My Lords, I think there is a difficulty with what my noble friend’s Amendment 4 proposes. There is no reason to suppose that we will not have vehicles that are dual-capable—capable of being driven by people and driven autonomously—maybe as part of the evolution to a fully autonomous system. I do not suspect that a farmer will want their Land Rover to be autonomous for a long time in the future, except when it is on a roadway and switching between two modes may become quite important. Therefore, a vehicle that is capable of switching between the two modes, and is therefore not always autonomous, will be an important part of the evolution to autonomous vehicles.
I also suspect that once a vehicle is autonomous, it will not ever be truly not in someone’s charge. If you have a set of vehicles which are essentially public vehicles—small buses, which are just picked up on the street and you take one to wherever you are going—some kind of alarm system will be necessary. There will probably be some oversight in case of a known problem: you will want to say, “Right, all vehicles within a particular radius shall slow down or stop because there appears to be some problem developing here”. Defining who is in charge of a vehicle where those capabilities exist will be quite problematic. This comes back to my wanting the Government to give themselves the flexibility to adapt the regulations as circumstances change, our knowledge improves and systems move.
The picture the Government paint of a Bill every year is just not feasible: government does not work that way. This sort of backwater gets a Bill every four years if we are lucky. We absolutely have to reckon that this Bill has to last the rest of this Parliament and probably the first year or two of the next. There is not the space in a Government’s life for off-centre Bills on a regular basis. The Bill is underpowered for the mission it sets out to achieve.
Baroness Sugg
My Lords, as I mentioned in the debate on the first group of amendments, the scope of the Bill applies only to highly and fully automated vehicles; that is, vehicles for which, when driving themselves, there is no monitoring or controlling role required of the driver. I appreciate my noble friend’s efforts to clarify the language in the Bill in this series of amendments. I will try to help with the definitions, although, as the noble Lord, Lord Rees, said, these terms are highly subjective.
On Amendment 4, it is anticipated that the first automated vehicles to reach the UK market will be able to be used in automated mode only in specific circumstances or situations. These could include instances where vehicles have been geo-fenced, and are therefore able to operate only in specific, defined areas, or systems that would operate only on motorways and other high-speed roads, or indeed in the way my noble friend Lord Lucas described earlier. These vehicles may not be capable of driving safely in all situations, so we believe it is essential that the wording,
“in … some circumstances or situations”,
remains within the Bill so that such vehicles can get on the Secretary of State’s list and get insurance.
Lord Maxton
The Minister keeps talking about “vehicles” and not “cars”. Vehicles are already being used in agriculture. They do have to go on roads, however; for example, to go from one field to another. Is that part of the definition?
Baroness Sugg
I know that this issue came up in the noble Lord’s committee. It is something we are looking at. Again, we will probably equate it to the existing situation with agricultural machinery: only if it needs to be lawfully insured at the moment will it need to be lawfully insured as an automated vehicle.
On Amendment 5 and the proposal to remove “safely” and Amendment 34 to define “monitoring”, as my noble friend said, the Bill uses “safely” to distinguish between vehicles with high or full automation, which are covered by the Bill, and conditionally automated vehicles, which are not. Conditionally automated vehicles need the human user to monitor their driving at all times. Highly and fully automated vehicles do not need such monitoring in automated mode: they can operate safely without it.
That is why we think we need “safely” in the definition in Clause 1 that highly and fully automated vehicles are,
“capable, in at least some circumstances or situations, of safely driving themselves”.
The definition of “driving itself”, given in Clause 7, is,
“in a mode in which it is not being controlled, and does not need to be monitored, by an individual”.
So the Bill covers vehicles that have been designed to be able to drive themselves—safely, with no monitoring needed, in at least some situations. Without “safely”, we think that the Bill would cover—incorrectly—vehicles in which the driving tasks are shared conditionally. However, I have listened to the arguments made in this and earlier debates and will look at the definition in the Bill and see if there is anything we can to do clarify it further.
On Amendment 6, it is certainly our intention that only vehicles that are considered safe at the time at which the list is made or updated are included. I will consider the arguments made today and see whether we can make a clarification here.
On my noble friend’s Amendments 7, 31 and 32 regarding control, we think there are risks in using more specific terms at this stage, given that we cannot predict how the technology will evolve. I ask noble Lords to take account of this point throughout today’s debate. It is important to utilise broad language at this stage. We have used general terms to reflect the policy intent in establishing the compulsory insurance framework. As the scope of the Bill applies to vehicles for which, when driving themselves, there is no monitoring or controlling role required of the driver, we do not feel that we need to further define “control” at this stage.
On the subject of roads, my noble friend Lord Borwick raised an interesting point in Amendment 35 —he was backed up by the noble Lord, Lord Berkeley—regarding the definition of “road” in the context of Section 192 of the Road Traffic Act. I think we can clarify this further to make it explicit in the Bill. I will look at tabling an amendment on that ahead of Report.
I have attempted to clarify the definitions here, but following the points made in this and earlier debates, I will look at the definition in Clause 1 to ensure it is clear that only vehicles that can be lawfully used in self-driving mode will be included in the list.
In response to the point made by the noble Baroness, Lady Randerson, in the previous debate, I will follow up this session with a detailed letter, as well as a meeting ahead of Report to discuss the issues further. Given these reassurances, I hope that my noble friend feels able to withdraw his amendment.
Lord Borwick
My Lords, I have been surprised by the Bill and the discussions on it because it is fairly unusual to find circumstances where there is the kind of debate that will happen on the next set of amendments about “must” and “may” regarding what the Government can do. Normally the Government suggest that the wording should be that they “may” do something while Back-Benchers push for it to be that they “must” do something. Here we have entirely the reverse of that problem. Similarly, when my noble friend Lord Lucas proposes that the Government should have the right to regulate on safety standards—I have a similar amendment coming much later—normally it is a matter of the Government wanting to have the powers to regulate and the Back-Benchers suggesting that they should not. Here again we have the reverse of that standard, but this is a new industry and perhaps we have new ways of legislating for it.
The points that my noble friend Lord Lucas and the noble Baroness, Lady Worthington, make are entirely right: we need standards. However, I think so many things are happening with this that the power to make regulations should be wider than just in respect of standards. That is why I have tabled Amendment 30, which will be dealt with towards the end of our debate today. I support my noble friend’s amendment as far as it goes. I think my amendment is slightly better than his but we can deal with that problem later.
Baroness Sugg
My Lords, I fully appreciate that we will see fast-moving technological developments in this area in future. With that in mind, I understand the intent behind noble Lords’ amendments on safety criteria and standards. It is going to be critical to ensure that automated vehicles are safe for effective deployment on UK roads. As the noble and gallant Lord, Lord Craig, rightly points out, their safety will also need to be maintained throughout the vehicle’s lifespan, as is the case for conventional vehicles today.
There is a long-established process in place for setting vehicle standards, which we have touched on before. The UNECE’s World Forum for Harmonization of Vehicle Regulations is tasked with creating a uniform system of regulations for vehicle design in order to deliver high levels of vehicle safety and environmental protection and facilitate international trade. These UN regulations, of which there are over 140 in number, contain the provisions for vehicles, their systems, their parts, their equipment related to safety and environmental aspects. So they provide the legal framework, allowing member countries such as the UK to establish harmonised international-level UNECE regulatory instruments concerning motor vehicles and motor vehicle equipment. They include performance-oriented test requirements as well as the administrative procedures. The latter address the type approval of vehicle systems, parts and equipment, the conformity of production and the mutual recognition of the type approvals granted by member countries.
The standards by which automated vehicles will be approved safe for sale and use are still being discussed internationally at this UNECE working group, where the UK plays a leading role. We expect them to follow the way in which conventional vehicles have been judged safe to use. I will certainly look carefully at the words of the noble Lord, Lord Tunnicliffe, to help inform our approach in those negotiations. We work with bodies such as the International Organization of Motor Vehicle Manufacturers, which participates in these discussions in a consultative capacity. We think that this is likely to form the basis of the type approval process which automated vehicles, like conventional vehicles today, must pass to be sold for safe use on UK roads.
Based on international standards and our evolving domestic regulatory programme, we expect it to be very clear which vehicles, including their software, can safely operate. The vehicles approved as safe by type approval will then go on to the list, so that our domestic insurance framework is clear which vehicles need which insurance products. The Clause 1 list of automated vehicles will not be the mechanism by which automated vehicles are regulated in relation to safety and security. That will be governed by future laws and technical standards, which we expect to be developed with the appropriate level of scrutiny and consultation, just as current road traffic laws and vehicle standards are developed.
On the important point raised by the noble Lord, Lord Tunnicliffe, about consultation, these changes to domestic legislation, including road traffic laws and vehicle requirements, will generally undergo public consultation and have impact assessments carried out. They are subject to parliamentary scrutiny when amending legislation is laid in the House. Throughout the development of our policy in this area, we have consulted closely with industry. Given the understandable interest in this new area, we fully expect there to be full consultation when we see the regulations appear for automated vehicles. So I agree with the intention of the noble Lord, Lord Tunnicliffe, to consult on the standards that will be set for automated vehicles. That is something that we plan to do, but I am again afraid that I cannot agree that this Bill, which relates to insurance provision only, is the right place for it.
I fully expect that future regulations for automated vehicles will cover many of the points in Amendment 10, including environmental issues, but we think that legislating in any way further, in the absence of the more detailed knowledge of the ultimate international design standards, risks us regulating ineffectively, potentially creating barriers to the use of this technology in the UK and therefore impeding innovation.
As the new technologies reach the point of market readiness, we will be able to set and define the standards, both internationally at a UNECE level and, depending on the outcome of the international discussions, domestically as part of our ongoing regulatory programme. As I have said, we fully expect this to be subject to full consultation.
Baroness Worthington
I wanted to ask the Minister whether she thought there was value. I understand that there will be lots of ongoing discussion, but there may be value in taking some enabling powers now so that we can move forward quickly. This is quite a competition among many nations, and it would be a great shame if we were to lose this parliamentary opportunity to take some enabling powers now.
Baroness Sugg
I agree with the noble Baroness that this is a fast-moving industry, and we absolutely want to position ourselves at the front of it. As my noble friend pointed out, I am in an unusual situation of being offered powers to Government. This is a narrow Bill, which I acknowledged at the beginning. We have been trying to ask only for powers which we know how we will use in the future. We have an amendment from my noble friend coming up on that, and it has been interesting to hear people’s views. At the moment, the Bill is focused entirely on insurance, but I will be interested to hear views from everybody around the House ahead of Report.
In Amendment 11, the noble and gallant Lord, Lord Craig, is right to be concerned that vehicles must meet the appropriate safety standards, both before they are sold and to ensure their ongoing roadworthiness. They are important issues that will require attention from the Government, and we certainly expect safety throughout the vehicle’s life to form the basis of future regulation. We do not yet know, because of the technology, the timescale to expect for regular vehicle checks. As the standards have not yet been set, I am afraid that we are unable to introduce those detailed regulations at this time and in this Bill.
Lord Craig of Radley
On that point, the Minister says that the Government cannot introduce regulations at this time. Will it be primary legislation to do that, or does existing legislation give them the opportunity to produce regulations as and when required?
Baroness Sugg
Under the construction UNECE regulations, which are how we deal with conventional vehicles, we are able to introduce regulations, which is a potential future for automated vehicles. We have asked the Law Commission to do a far-reaching review on our regulatory framework for automated vehicles. That is designed to promote the safe development and use of automated vehicles, identify areas in the law that may be barriers to the use of automated vehicles, and propose potential solutions. One of those barriers was that we did not have an insurance framework, and those vehicles could not be insured. That is the purpose of the Bill. We are working with the Law Commission to understand where we need to make further primary or secondary legislation. As and when appropriate, the Government will come forward with legislative and regulatory proposals, and will absolutely consult on the detail.
I turn to the role of the insurer and my noble friend Lord Lucas’s Amendment 22. It is the policy intent of the Bill that it mirrors existing processes as closely as possible without making complex legislative changes to the existing framework. A vehicle is insured if there is in force, in relation to the 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. It is the contractual obligation of the insured person to provide accurate information to the insurer. Failure to do so may result in the policy being voided.
I understand that there is concern that we are proposing an insurance framework before we have agreed the safety standards, and before we are sure how we will regulate for those, but as I said, the Bill is designed to enable insurers to begin developing new insurance products, in response to a request from the insurance industry. We want those insurance products to be developed now so that it will encourage further investment and research in automated vehicles in the country—something I am sure noble Lords are in favour of.
I hope that these words have assured noble Lords that there will be comprehensive safety standards, which will be informed by consultation, to ensure that only automated vehicles that can be used safely will be placed on the list. Again, I am afraid, as the Bill is solely considering a list in relation to the insurance framework and not these safety standards at this stage, I hope the noble Lord feels able to withdraw his amendment.
Lord Lucas
My Lords, before the noble Lord deals with his amendment, may I say that I am sad that I was right that the Government are determined to keep the Bill within its current scope? They are missing considerable opportunities in regard to my noble friend’s description of what the Bill would do: enable the insurance industry to develop new products, and enable us in this aspect to be ahead of the game and part of the international conversation. She talks about the advantage of legislating now, but the Government will not legislate now in other areas where they could simply and where I think the House would be inclined to give them quite wide powers to get on in this area. I am disappointed that the Government are taking this action. If I find opportunities beyond today to do something about it, I look forward to taking them.
Lord Berkeley
My Lords, I entirely agree with the noble Lord, Lord Borwick, about “must” and “may”. It is interesting that the Government like to put “must” on its own. I am sure the Minister will have a view on that.
I have a short comment on Amendment 12, which is in this group. I support it. The Minister may say it is too early but, if you are going to have a written notice under proposed new subsection (2), surely the documentation, certificates or anything relating to not only the vehicle but the software, control system and everything else should be included.
Baroness Sugg
My Lords, I am sorry to disappoint my noble friend on further regulatory powers in the Bill. As I said, I would be interested to hear views from noble Lords from across the House on further regulatory powers later but, at this stage, we are just not ready to make further regulation. That is why we have not asked for the powers.
The purpose of the list in Clause 1 is to allow manufacturers, owners of vehicles and insurers to know if the extension of the compulsory motor insurance in this legislation applies to their vehicle. The aim is to provide certainty to the automotive and insurance industries, as well as clarity to the public. As I have said, the list itself is not a mechanism to approve which vehicles are safe to use. This will be determined by future regulation, most likely based on international standards. The list in Clause 1 is simply to inform the insurance industry which vehicles require automated vehicle insurance.
My noble friend Lord Borwick’s Amendment 9, which replaces “must” with “may”, would imply that preparing, updating or publishing this list might be at the Secretary of State’s discretion. We believe it is right that the Bill imposes a duty on the Secretary of State, who “must” ensure that the list, comprising any vehicle that may lawfully be used when driving itself on roads or other public places in Great Britain, is published and kept up to date. If the list is not updated, people may obtain the wrong type of insurance, leading to difficulties for victims in securing compensation quickly and easily. As I said, this aims to provide certainty.
In order for the Bill to deliver the insurance framework that it is intended to—this is after consultation with the insurance industry—it is important to maintain the list as a duty on the Secretary of State. Perhaps this is something we can discuss further before Report.
Amendment 12 concerns the duty of a manufacturer to notify the Secretary of State. I understand my noble friend’s intention but, at this stage, it is not appropriate to legislate in this regard. There are already existing processes in place when registering a vehicle or notifying changes regarding a status of the vehicle, and we are working with the DVLA on how to replicate these processes for automated vehicles. We have yet to complete that work, so we do not feel it is the right time to legislate in this regard. I hope that, given this explanation, my noble friend is able to withdraw his amendment.
Lord Borwick
I should perhaps earlier have declared my interest as chairman of the advisory board for the Gateway autonomous vehicle in Greenwich project, which has done a lot of work on the subject that the noble Baroness, Lady Randerson, mentioned—the habit of pedestrians testing autonomous vehicles. They found that in time, that habit reduces, not because the relevant pedestrians are squashed by the autonomous vehicle but because they get bored with the test. They might try it once, as a teenager, but they do not bother to try it again: it is a boring process. Boring a teenager is not something we should use as the basis of a safety standard, but it is a powerful factor in this matter. I very much support the amendments in the names of the noble Baroness, Lady Randerson, and myself.
Baroness Sugg
My Lords, my noble friend’s Amendments 13, 14, 15, 16, 18 and 24 seek to clarify the definitions of “damage” and “accident”, terms which are already in common use in road traffic legislation and case law. It may help if I set out how we have intended the provisions in this Bill to work. They are intended to mirror the existing conventional vehicle compulsory third-party insurance framework, found in the Road Traffic Act 1988, for automated vehicles. However, the Bill’s read-across with the Road Traffic Act has to be adjusted at times to allow for the lack of a driver when an automated vehicle operates in automated mode, which means that the Bill makes use of the word “accident” as a way of introducing the word “damage”, which in turn is defined in the Bill in a way that mirrors the meaning of “damage” in the Road Traffic Act 1988. Again, as I said, the aim of the Bill is to provide consistency with conventional vehicles in the 1988 Act.
“Damage” is defined within Clause 2 as,
“death or personal injury, and any damage to property other than … the automated vehicle … goods carried for hire or reward in or on that vehicle or in or on any trailer (whether or not coupled) drawn by it, or … property in the custody, or under the control, of … the insured person … or … the person in charge of the automated vehicle at the time of the accident”.
As I highlighted earlier, the policy intent of the Bill is that it mirror existing processes as closely as possible without making complex legislative changes to the existing framework. I appreciate the challenge from my noble friend in testing the Bill’s wording, but we believe that the task of mirroring the existing processes in the 1988 Act is best done by the wording as it currently stands.
Lord Lucas
My Lords, given Network Rail’s safety record over the last 10 years, I would absolutely support that recommendation.
Lord Young of Cookham (Con)
My Lords, as we deal with a set of amendments dealing with handover, it is perhaps appropriate to give my noble friend a break, and I move over from the passenger seat. However, I assure the Committee that my noble friend remains in control.
The transferring of control of an automated vehicle between a human driver and the automated vehicle’s system will be an important factor in ascertaining how a vehicle safely and appropriately operates on UK roads. Straightaway I reassure the noble Lord, Lord Tunnicliffe, who spoke to his Amendment 21, that of course we recognise the need to put in place a proper regulatory framework to ensure both the safe deployment and safe use of automated vehicles—I will say a bit more about that in a moment.
It is likely that the first automated vehicles to reach the market will be able to be used in automated mode only in specific circumstances or situations, with vehicles capable of full automation arriving further into the future. My noble friend Lady Sugg said a little more about that when we debated Amendment 4. For example, she said that these circumstances could refer to vehicles that have been geo-fenced—able to operate only in a very specific, defined area—or to systems that would operate only on motorways and other high-speed roads. It is likely that these vehicles will be designed to allow handover only in these very specific circumstances: for example, from the driver to the vehicle when the vehicle enters that geo-fenced area, and from the vehicle to the driver when it leaves, in a safe manner and when appropriate to do so.
It is anticipated that the relevant international regulations at UNECE level will reflect these limited use cases and handover process. It is possible that these regulations will contain requirements for the vehicle to be able to detect where it is so that the system cannot be used in other situations. These standards and regulations will be likely to form the basis of the type approval process which automated vehicles, like conventional vehicles today, must pass to be sold for safe use on UK roads or in other public places. They would then be covered by Clause 1.
At the moment, the powers we have are sufficient. We can use existing powers in the Road Traffic Act 1988 to revise existing, or create new, road vehicle construction and use regulations to transpose or reinforce new iterations of the global regulations as they appear. However—I repeat what we have said before during this debate—global regulations for automated vehicles have not yet been decided, and so it is not clear what changes in our domestic framework would be needed at the present time. It would be premature to ask for primary powers in a Bill that is just about automated vehicle insurance without more detailed knowledge of the ultimate design standards to which these vehicles will be held, or without knowing the outcome of the Law Commission review of the existing legal framework —which, again, my noble friend mentioned.
As regards handover of the driving to an automated vehicle, my noble friend Lord Borwick has proposed a different test from that in the Bill: that the handover must not be “avoidable and unreasonable”. These two words would be applied conjunctively by the courts, and the result would be that a person could be found to be negligent only provided “avoidability” and “unreasonableness” were both shown to be present. The Bill’s test makes for a lower threshold on the insurer by placing a stricter burden on the driver not to hand over in situations when it would be inappropriate to do so. While the technological and wider regulatory framework here is still very new and developing, it would be prudent to set a strict standard and relax it if appropriate once more is known. Therefore, in the Government’s view, the original text of the Bill should stand.
To insert “or continue” into Clause 3, as proposed in Amendment 19, would in effect legislate for the possibility of the user having some residual role in the driving task after the handover to self-driving mode is completed. When a vehicle leaves a geo-fenced area or comes off the motorway, it is anticipated that there will be a safe handover back to the driver, and the details of this will be covered by international safety standards. However, my noble friend’s amendment does not fit with the Bill’s definition of an automated vehicle, because this requires no monitoring while the vehicle is driving itself. I hope this explanation reassures him that his amendment is not necessary.
While, as I have already said, I am sympathetic to the intent of the noble Lord, Lord Tunnicliffe, in Amendment 21, we think that we do not need these powers, as the definition of when it is appropriate for the vehicle to drive itself will be covered elsewhere in regulations. I hope that, given that assurance, the noble Lord will feel able not to press his amendment.
Lord Tunnicliffe
Can the Minister expand on where else in regulations these powers will be available?
Lord Young of Cookham
I think I said when I was speaking to the amendments that at the moment the powers we have are sufficient. We can use existing powers in the Road Traffic Act 1988 to revise existing, or create new, road vehicle construction and use regulations to transpose or reinforce new iterations of the global regulations as they appear. However, as has been the case with other regulations we have debated, on safety and other issues the Government will bring forward the appropriate legislative framework in due course if we do not already have powers under existing primary legislation.
Lord Berkeley
My Lords, the Minister has mentioned the Law Commission report several times. Can he give any timetable for when the Law Commission will report on various issues? I am not just thinking about this one. One report on railway level crossings was completed about five years ago. I know that you are supposed to wait two years after a report has been produced before it is introduced into legislation. However, if one waits three, four or five years, the report’s conclusions may get out of date. I remember threatening the last coalition Government with putting the whole Law Commission report on level crossings down as amendments to a suitable Bill—it would have been about 50 pages long, but that was not the problem—in order to get the coalition Government to do something. My impression is that, because of all the Brexit legislation, everything has come to a grinding halt. I am not necessarily suggesting that the Minister will be able to answer my detailed question, but if he or a colleague could write to me on that, I think it would be a useful subject for discussion later.
Lord Young of Cookham
I understand that the Law Commission work on the issue that we are debating now is a three-year programme. I am not sighted on the level crossing review, but either I shall write to the noble Lord or, perhaps later on, during one of our debates, we can update the exact timescale of the Law Commission review of the existing legal framework for automated vehicles. Obviously, automated control is not in operation.
Lord Borwick
I thank my noble friend the Minister for his comments. I think it would be useful between this stage and Report to talk more about the nature of “continue”. There will still be a duty, either on the vehicle to monitor itself, or on the passenger to monitor it; that person will be aware of conditions changing, and there will undoubtedly be differences as a result of a snowstorm occurring. I think the drafting could use some improvement—I am not sure mine is exactly the right phrasing—but I look forward to discussing it with my noble friend. In the meantime, I beg leave to withdraw the amendment.