Automated and Electric Vehicles Bill (Fourth sitting)

Alan Brown Excerpts

Committee Debate: 4th sitting: House of Commons
Thursday 2nd November 2017 Public Bill Committees

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

I apologise for not understanding, but will the Minister explain further how the Road Traffic Act 1988 covers the specific example of an automated vehicle transitioning from automatic to driver mode, or vice versa?

[Mr Hayes]

I will be happy to do that when further inspiration reaches me. In the interim, while I wait for that inspiration, I will say that we recognise the need to ensure that the transition controls are safe. It is of value to emphasise that research, including some being carried out in the UK, will help to determine a safe transition process to inform international safety standards of the kind I mentioned earlier. In essence, therefore, the field is a developing one in which those international standards are being built on. Research is taking place here and elsewhere.

The research that we spoke briefly about in the witness sessions is such that it includes the development of software to take account of endless eventualities that might occur while a vehicle is being driven or driving itself. The work being done is to simulate a range of road conditions and circumstances in which any car might find itself at any point in time on any kind of road. That is of course as numerous as might be imagined, but the aim is to have software that is clever enough to deal with all kinds of driving circumstances. The work is not complete but ongoing, and is being done on London roads as we speak—trials on London roads in real time.

I am therefore confident that the further work will lead to an outcome where the software that in the end allows us to see the further development of automated vehicles will be able to replicate circumstances that drivers find themselves in. That, by the way, relates to a debate we had earlier about the judgments that might be made by a human being replicated by the software given all kinds of different challenges.

--- Later in debate ---

[Mr Hayes]

A former lawyer, I should say. Of course Governments always look during scrutiny at the wording of Bills and at what can be tightened, changed or improved. That is part of the business that we are engaged in today. That is why we are having these debates; that is why we believe in the parliamentary process; that is why I started by saying that my intention was not to blindly drive the Bill through unaltered, but to listen, consider and reflect. That is the approach that I adopt.

The risk in this particular case, and with this kind of Bill, lies in trying to do too much. My right hon. Friend the Member for West Dorset will say, “Yes, but it has to be sufficient,” and of course he is right. The point that he made at the beginning of his remarks was that if we are seeking clarity—and the case that we are making for the Bill is clarity—we cannot end up with something that is not clear. Otherwise, ipso facto, we are not fulfilling our ambitions. This debate is about that clarity.

Let me put this on record and see if it helps. It is likely that the first automated vehicles to reach the market will be usable in automated mode only in specific situations or use cases; we talked about that previously. They will probably be used, in the first instance, on motorways, for obvious reasons. In those terms, to put it in a way that most of us should find easy to grasp—I certainly find it easy to grasp, and if I find it easy, that is fair enough—it is a bit like a combination of what we have now. We have cruise control, which we might use on a motorway, but we probably would not use on a small side road in a rural area. We might use other driver-assist mechanisms currently available that are not automated, but have been developed over time to make driving more straightforward. We use assisted parking only when we are parking or reversing. There is a relationship between developing technology and actual use. That, I think, is how it will be at the beginning of the process—the journey, the road, the mountain; I do not mind which simile I use—that we are embarking on.

[Alan Brown]

Will the Minister give way?

[Mr Hayes]

I will give way in a moment; I just want to complete this thought. Manufacturers have spoken about creating geofenced vehicles that would operate in defined parts of the city; others have spoken about systems that would operate on motorways and other high-speed roads. It is likely that the relevant global regulations that will be used to type-approve automated vehicles will reflect such limited-use cases. It is also possible that the regulations will contain requirements that the vehicle be able to detect where it is so that the system cannot be used in other situations.

Therefore, it is not clear that we need to make matching regulatory changes in our domestic framework. If necessary, we can use existing powers—this relates to what I said earlier—in the Road Traffic Act 1988 to revise existing or create new road vehicle construction and use regulations to reinforce the global regulations. That is exactly the point that I would make to my right hon. Friend the Member for West Dorset. If that legal power exists, and as long as the Bill does not counter it—it is a useful addition, but it does not negate any of that—it seems to me entirely possible to deal with those technological changes.

--- Later in debate ---

[Mr Hayes]

If it is helpful to explain to the Committee in greater detail and in more technical detail, if I can put it that way, the relationship between the Road Traffic Act and the Bill, I am happy to do so, and to do so in particular relation to the point that my right hon. Friend has just made about responsibility and liability, because he is right that if such a contradiction occurred, the purpose of the Bill would not be fulfilled. So, I am happy to reflect and write on that, and given what the hon. Member for Kilmarnock and Loudoun has said, perhaps that will be beneficial in dealing with his query, too.

[Alan Brown]

Further explanation might help, but the Minister also said that he could use the Road Traffic Act to create regulations that could deal with this issue, because he said that the Bill is to do with fully autonomous vehicles. However, it still seems logical that, if this is a new Bill to deal with autonomous vehicles, we should deal with the scenario that we know exists—it is a scenario that we have already heard evidence about. There is already what is called the tier 3 or level 3 mode of operation, whereby a vehicle already makes that transition from driving to automated, so it seems logical that we deal with this issue while we are considering the Bill.

[Mr Hayes]

No, I do not think that I agree with that. We are all, to a lesser or greater extent, experienced legislators, or most of us are, and therefore we know that when a Bill is introduced and then becomes an Act, it certainly needs to be synergistic and compatible with the other, pre-existing measures to which it relates. I am not sure that it always needs to replace them; if that was the case, every Bill would have to be immensely ambitious in its scope.

So I do not think it is impossible to reach a position where, if we can accommodate the requirements of my right hon. Friend the Member for West Dorset, we can end up with an Act that is compatible with existing regulation and that fits—knits, if you like—with it, in as much as the insurance industry can rely on the existing legal framework for the products that it already sells and that the public enjoy—or endure, depending on which way people look at it—and there can be a new set of products that relate to the new technology and that build on the framework that this Bill, which hopefully will ultimately become an Act, delivers. So I am not sure that I agree with the hon. Gentleman.

[Alan Brown]

The amendment provides clarity, though.

[Mr Hayes]

The hon. Gentleman intervenes from a sedentary position. Yes, but what I described does not suggest a lack of clarity. It simply says that the existing legislation is obviously clear, because it has given rise to an insurance marketplace that works; the new legislation needs to be clear, as my right hon. Friend the Member for West Dorset; and then the relationship between the two needs to be clear. We have achieved one objective, which has been achieved since 1988 at least; of course, there was legislation before that, but we do not need to deal with that legislation now.

So, I am not sure that those things cannot be squared; in fact, I am certain they can be squared and it is my job to do so. Because it is my job to do so, I am not sure that I can accept the amendment—although it is entirely understandable, well-argued and designed to help; I know that—not least because it is too detailed for the level of development of the technology and could constrain more appropriate subsequent regulation of the kind that I have described.

Also, ultimately the amendment would not help with the process of determining and apportioning liability in the event of an incident, which will remain the same as it is now, with the courts making judgments based on the facts. I am not sure that the amendment really helps with that, and for that reason I invite—not just invite but recommend—the hon. Member for Eltham to withdraw it.