Automated Vehicles Bill [HL]

Lord Scriven Excerpts

Report stage
Tuesday 6th February 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I thank noble Lords for their contributions to this debate, particularly those who joined me for a detailed discussion following Committee.

The Government want all parts of society, including those with disabilities, to be able to reap the benefits of self-driving technology; I see no disagreement between us on that point. The question at hand is not one of ambition but rather the most appropriate form and timing of intervention.

It bears repeating that we are all dealing with an industry in its infancy. It is not clear what kinds of services will ultimately come forward, and therefore what kind of accessibility provisions are appropriate. What is clear, however, is that if we try to compensate for that uncertainty with unnecessarily broad requirements, the greatest risk is that the industry simply does not develop at all.

If we want self-driving technology to serve the needs of disabled people, we must have a viable self-driving industry in the first place. That is why we have anchored our approach in the recommendations put forward by the law commissions. Their central conclusion on this issue was that our focus should be on gathering evidence and gaining experience. On their recommendation we have built reporting on accessibility into the new passenger permit scheme and have committed to using this learning to develop national accessibility standards for permits. Although we will do so in a more flexible, non-statutory form, it is on their recommendation that we are establishing an accessibility advisory panel to inform that process. We will of course also draw on the deep and hugely valuable expertise of our existing statutory Disabled Persons Transport Advisory Committee.

Alongside this, the Government will continue to support the development of accessible self-driving vehicle designs. This investment has already helped five separate projects to deploy accessible vehicles, and there will be further opportunities as part of our £150 million CAM pathfinder fund, announced last year.

Beginning with Amendment 8, the authorisation process exists to ensure that self-driving vehicles operate safely. It is not designed to regulate the physical construction of vehicles. Indeed, as my noble friend Lord Borwick points out, most developers are currently working to incorporate self-driving systems into existing, mass-produced models, not creating new vehicles from scratch.

[Lord Scriven (LD)]

That is not actually what is happening in the marketplace. General Motors has developed the Wayve vehicle, which is now being used in San Francisco. If the regulation is there, the market is already ready and large companies such as General Motors are already making the provision.

[Lord Davies of Gower (Con)]

I hear what the noble Lord says and am not going to argue with him on that at this point. Where there are overlaps between safety and accessibility, for example in the training of human detection systems, these will be addressed as part of the statement of safety principles. Beyond this, accessibility provisions are best made at the service level, of which vehicle design is just one part.

That is why our approach focuses on understanding how services can best be delivered for disabled users, which can then inform standard permit requirements. As drafted, the amendment would also apply these accessibility principles to any vehicle authorised as self-driving. That would include everything from private cars to vans, HGVs and even tractors. This would be disproportionate and out of step with the way we regulate conventional vehicle designs.

While Amendments 18 and 20 focus on passenger service provision, they could impose design requirements that are simply too sweeping to be workable. Requiring that every automated passenger service vehicle be “accessible to disabled people” would likely require adaptions, including full wheelchair accessibility. Imposing this requirement on the full self-driving passenger service fleet would be disproportionate, and not something we require of conventional taxis and private hire vehicles. This would make the UK market unviable, to the detriment of all users, including those with disabilities. As colleagues have noted, the needs of disabled people are broad and diverse. I note that even vehicles that claim to be 100% wheelchair accessible frequently cannot accommodate the full range of motorised and larger chairs.

Amendment 19 looks to apply the accessibility requirements of existing taxi, private hire and public service vehicle legislation to the passenger permitting scheme. This would not have the desired effect, as these requirements are largely imposed on the human driver. Furthermore, novel automated services may not fit neatly into these traditional modal schemes. Indeed, this is the very challenge that the law commissions were looking to tackle when they recommended the approach we are now taking. Nevertheless, I recognise the points that my noble friend makes and undertake to reflect on how we can best align our standard permitting conditions with the spirit of the Equality Act. These will also reflect the Bill’s specific requirements to consider the needs of older and disabled people before any permit can be issued.

I turn now to some details of the permitting system. Amendment 22 places an unnecessarily high burden on issuing authorities to guarantee that permits enable learning and improve understanding. The Bill already requires that authorities consider the likelihood of this. A more stringent standard would be impractical and add little value. Applicants will naturally be required to provide evidence of their plans for accessibility reporting as part of their permit application. Pre-deployment reports of the kind proposed by Amendment 24 would therefore be redundant.

The reporting process is outcome focused, requiring providers to explain what they are doing to meet the needs of disabled users. Vehicle accessibility could naturally be one of the many inputs that help to do this. I contend that a separate reference, as proposed by Amendment 23, is therefore also unnecessary.

Amendment 21 would require that relevant disability groups be consulted before each permit was issued. Consultation with such groups will naturally form part of developing the national minimum standards for permits. To require separate consultation for each individual permit would be excessively onerous and there would be considerable ambiguity as to which groups would be relevant in each case. Both these issues could severely inhibit the growth of new services.

Amendment 27 would require the Government to annually commission and pay due regard to research on self-driving vehicles’ accessibility. I have already described some of the work that we are undertaking in this space, which will of course continue. However, the wording of this requirement is too general to be effectively implemented and enforced.

I wholly appreciate the strength of feeling on these issues. By explaining the position taken by the Government and the law commissions, I hope that I have been able to offer at least some assurances.