Vehicle Technology and Aviation Bill (Third sitting)

Debate between Andy McDonald and Richard Fuller

Thursday 16th March 2017 Public Bill Committees

[Andy McDonald]

If I knew what “homologation” meant, I might have a chance. My goodness, we get an education here.

Because we are entering new territory, we need to agree what we mean by automated vehicles. We have it fixed in our minds that the definition covers only end-to-end journeys, but there are also journeys of which parts are under the direct control of the vehicle and not of the person who occupies it. We already have autonomous braking systems—the Committee explored those on Tuesday—and our shared view is probably that they fall outside the definition of an automated vehicle, because they do not cover every function; the person occupying the vehicle is still required to intervene. There are also devices to ensure that drivers do not stray into another lane. Those are all welcome assistance measures, but they do not fall within the definition of an automated vehicle as I understand it. I do not think that it is asking too much to suggest that we go through the process of establishing the criteria.

[Richard Fuller (Bedford) (Con)]

The hon. Gentleman draws my attention to the word “monitored” in clause 1(1)(b). It is an interesting word to use in relation to whether a vehicle is autonomous. I can monitor myself driving but not be in control. Is not the essential point whether the individual controls the vehicle? I wonder whether he has any observations about the word “monitored”.

[Andy McDonald]

The hon. Gentleman raises a valid point. That is indeed the word used, but I find it a little difficult to reconcile with the rest of the Bill, because it might suggest some engagement and involvement. He is right to point that out, and I am sure that the Minister will want to pick up on his well-made observation.

The Opposition believe that the additional clarity provided by the amendment would help to create a more reassuring environment that encouraged the development and uptake of automated vehicles. The amendment would also prevent the Secretary of State from changing the criteria without further consultation. It has been pointed out that such consultation would happen in any event, as a matter of course, but I suggest that it would be helpful for that to be made abundantly clear in the Bill. The amendment would ensure that the criteria used remain up to date and as practical as possible in a fast-moving world, and that they provide a device to allow all interested parties to engage fully.

Finally, let me refer to our helpful scoping notes, for which I am grateful. We are told that in practice the Secretary of State would need to have regard to whether the vehicles or types of vehicles have met international or domestic standards on the safe functioning of automated vehicles. That is very useful, but I suggest that it is merely a part of the criteria that could be established. We need to think about the whole range of functionality that automated vehicles can deliver. Although that information is helpful, it is not the complete picture, which is why my amendment suggests a consultation and the establishment of criteria.

Vehicle Technology and Aviation Bill (First sitting)

Debate between Andy McDonald and Richard Fuller

Tuesday 14th March 2017 Public Bill Committees

[Andy McDonald (Middlesbrough) (Lab)]

Q I will be very brief. The Bill introduces the new concept we are moving to—the exposure to manufacturers’ liability. Has the Bill got it right in terms of the balance between insurers’ and manufacturers’ liability? Secondly, Mr Wong talked about accessibility cost. The cost of insurance will be key. Is the insurance industry ready for this? Clearly, premiums should be cheaper if we are getting errorless driving, but is the insurance industry sophisticated enough and ready enough to make that offer to consumers in the first instance? Lastly, on the issue of updates, does that present fresh exposures to manufacturers for the duration of the life of that vehicle on every software update iteration? Have you given any thought to how that plays in the context of current consumer protection legislation and issues of limitation? Does that now cause us to revolutionise the way we look at people purchasing vehicles? Are they going to be out there forever with software with little or no control? Any thoughts or comments?

David Williams: I think the Bill does have the balance right. It focuses on the road user. That is why we have got the Road Traffic Act 1988. Therefore the Bill has to focus on the safety of road users rather than insurers and manufacturers. As an insurer, we can price for anything. You have a balance with regard to how much liability finally rests with the motor manufacturer. That can develop over time, and they have definitely got some skin in the game. If they are negligent they will be called to account and will need to indemnify the insurer; so I think the balance is right.

With regard to whether the insurance industry is ready, in the past I do not think we have been, for things like this, but the fact that we already have the Autonomous Driving Insurance Group, which meets regularly and is very well attended, that the Thatcham motor vehicle research institute is all over it, and that AXA alone is involved with three of the Government-backed consortia means we are ready—we will be ready.

David Wong: On software updates, we believe that the “state of the art” defence principle applies here, which means at the point when the vehicle, together with the systems, including software and firmware, are being developed, the manufacturer has done its utmost to ensure that it is completely secure and, based on the scientific knowledge and the technology at that point in time, has done its very best. Of course, software updates are always, basically, a moving target; it changes every hour—but the “state of the art” defence applies in this case.

Steve Gooding: I think the motor industry will have to answer for this, because if you think of your home computer, every now and then you get a message saying “Your software is going out of support”. I think we need a bit of reassurance from the auto sector that we are not going to find that a vehicle we buy next year, and then in seven or eight years’ time is in the second-hand market, gets the message that “this vehicle is going out of support” and is therefore judged in some sense to be no longer roadworthy.

David Wong: It is reasonable to expect that vehicle manufacturers will continue updating, upgrading and patching the software, as do computer manufacturers and software manufacturers. However, even as Microsoft has decided, after a while, to discontinue the support for Windows XP and Windows Vista, one must not expect vehicle manufacturers to continue supporting particular software 20 years’ down the road, even if the vehicle is still roadworthy.

[Richard Fuller (Bedford) (Con)]

Q Within its scope, does this Bill do enough to position the UK as a global leader in vehicle technology? If not, what is missing? If you do not have the time to answer, maybe you can email me.