Consultation outcome

Rules on the safe use of automated vehicles: summary of responses and government response

Updated 25 April 2022

Introduction

Background

Automated vehicle technology is set to play a major role in the transport revolution happening across the UK. It will help to improve transport across the nations by making everyday journeys safer, more flexible and more reliable.

The UK’s support for automated vehicle technology has made us one of the global leaders in its development. The UK is also actively involved in developing international regulations to support the introduction of increasing automation, in particular through the Department for Transport’s (DfT’s) work at the United Nations Economic Commission for Europe (UNECE).

The UNECE Automated Lane Keeping System (ALKS) Regulation was approved in June 2020, starting the process for allowing vehicles fitted with this technology to come to market. ALKS will be the first internationally-approved system designed to perform the dynamic driving task instead of the driver, under certain conditions.

ALKS is an important first step towards developing systems with higher levels of automation. The ALKS Regulation sets out technical requirements for ALKS, but certain aspects of its use require further consideration at a national level, for example rules on safe use.

Government announced in April 2021 that it expects vehicles compliant with the ALKS Regulation to meet the criteria for listing as automated under the Automated and Electric Vehicles Act 2021. Decisions on whether vehicles meet the criteria will however be made on a case-by-case basis.

Automated vehicles (AVs) do not require the driver to pay attention to the road when in automated mode. The driver must remain ready, however, to resume control in response to a transition demand in a timely manner.

This shift in driver responsibilities needs to be clear to the driver. Therefore, we proposed adding a new section to The Highway Code, to clearly articulate the expectations for users of vehicles with automated, or self-driving, capability. This new section will bring together the relevant rules for the use of automated vehicles.

The government’s consultation on the Rules on the safe use of automated vehicles was launched in April 2021 and sought views on draft text to be included in The Highway Code.

Structure of this document

This document summarises the responses to the consultation and sets out the government’s response to these. In particular, this document sets out the government’s proposed amendments to The Highway Code text to take account of the responses received. The document consists of:

• a summary of responses
• the government response

For further background and context, please refer to the public consultation on Safe use rules for automated vehicles.

Summary of responses to the public consultation

Overview of respondents

Responses to the consultation were all received by email. In total, 59 responses were received – 18 responses from individuals and 41 from organisations. A wide variety of organisations responded including:

• local transport authorities
• component supplier or technology developers
• trade associations
• legal firms
• safety and road user groups
• academia and research institutes
• research and consultancy professionals
• insurers
• emergency services and police

We are grateful for the engagement and detailed feedback that we received from organisations and individuals.

Summary of responses

The consultation included proposed wording for an automated vehicles section of The Highway Code (please refer to the consultation document on the Rules on safe use of automated vehicles on GB roads). Two questions were asked.

Question 1: Whether respondents are satisfied that the proposed wording below achieves the outcomes articulated above for The Highway Code? And if not, why?

56 respondents provided comments to this question.

The majority of the respondents were broadly supportive of our proposal to add a new section to The Highway Code on automated vehicles to provide greater clarity.

The majority of the respondents, however, requested more detail on driver responsibilities, behaviours and the type of activities that are and are not permitted when an automated vehicle is driving itself. This included requests for clarity on activities that may distract the driver, for example, whether the use of mobile phones or tablets will be allowed. Several also asked for clarity on whether the driver would need to remain in the driving seat and keep the seat in an upright position.

Many respondents suggested that the automated vehicle text should include links and cross-references to other areas of The Highway Code to clarify what applies to AVs.

Many of the respondents also requested more detail about the transition demand procedure and about drivers being ready and vigilant to take back control of the vehicle in a timely manner.

Many respondents asked us to clarify what automated vehicle functions and features meet the criteria for listing as automated under the Automated and Electric Vehicles Act 2018 and the difference between ADAS and self-driving functions or features. Many of the respondents also requested the addition of the website address for the Secretary of State for Transport’s list of automated vehicles.

Some of the respondents asked us to include information in The Highway Code about the different types of automated vehicles (for example, using a glossary) as this would help drivers to gain awareness of AVs.

Several of the respondents raised concerns that drivers should be focused on the road and not be distracted so that they cannot immediately take back control. Some expressed concerns about the message sent by the following sentence and suggested it should be removed: “you do not have to pay attention”.

Also, several of the respondents mentioned that the text of The Highway Code should specify that the driver should know whether their vehicle has an automated driving system (ADS) or simply an advanced driver assistance system (ADAS). They also commented that the driver should know where all the controls are and how to use the system safely before they need them, even for hired vehicles.

There were several requests to include text in The Highway Code explaining that drivers should fully understand the system capabilities and limitations of automated vehicles to use them safely. There were some comments that drivers should understand their roles and responsibilities in using automated vehicles and what they can and cannot do.

Many of the respondents suggested that the text should include information about drivers’ responsibilities in relation to safety-critical over-the-air (OTA) software updates, such as: prompt acceptance and unauthorised software alterations or tampering.

Lastly, many of the respondents requested that an explanation be given as to what is meant by “the driver must at all times remain in a fit state”. For example, whether this involved not sleeping, not being under the influence of drugs or alcohol and being in a position to take back control.

Question 2: Do you have concerns about the impacts of the proposed changes to The Highway Code? Why?

47 respondents provided comments to this question.

A few of the respondents said that ALKS should not be considered as an automated vehicle under the Automated and Electric Vehicles Act 2018 due to several shortfalls in safety and capability. Those shortfalls included the availability of incident data recorded by the system, the inability to see UK traffic signage and the inability to find safe harbour.

There were a few comments about the need for public education on the potential limitations of self-driving technology and that changes to The Highway Code should be communicated to all drivers, existing and new.

Some of the respondents recommended that the government should undertake a further review of The Highway Code once more of the unknowns regarding automated vehicles are understood.

Government response

In January 2022, the Law Commission for England and Wales and the Scottish Law Commission published a joint report with recommendations for a new legal framework to support the safe deployment of automated vehicles. Government has committed to legislating on automated vehicles and is currently considering the recommendations, which will require a long-term programme of regulatory reform.

The current consultation, therefore, sits within this wider context and as part of a programme of extensive reform. In light of this, the government’s view is that the amendment to The Highway Code is needed as an interim measure to support the safe use of the first self-driving vehicles on UK roads.

Amendment to The Highway Code

We propose that the language in The Highway Code be improved in light of consultation and research carried out into public understanding of the language proposed, which we are publishing alongside this document. The changes are consistent with the Law Commission’s recommendations and we consider that the revised language will improve clarity and prevent misunderstandings.

The revised Highway Code text is published in this document. In particular, we propose that we will:

• adopt the term ‘self-driving’ to describe ‘automated vehicles’ under the Automated and Electric Vehicles Act 2018, which are listed as vehicles capable of safely and lawfully driving themselves – this was better understood by members of the public during the cognitive research project

• provide further clarification of the differences between self-driving and assistance technologies

• incorporate the effect of a planned modification to Regulation 109 of the Road Vehicles (Construction and Use) Regulations 1986, which will enable drivers of self-driving vehicles to view information not related to the driving task on the vehicle’s infotainment system while the vehicle is driving itself

• provide more detail on those rules that continue to apply to the driver, even when the vehicle is in self-driving mode – for example, on being fit to drive, having a road-legal vehicle and not carrying out illegal activities such as using handheld mobile phones

In accordance with section 38 of the Road Traffic Act 1988, we will lay the revised version of The Highway Code before both Houses of Parliament for a period of 40 days.

Once the proposed changes are made, the Driver and Vehicle Standards Agency (DVSA) will update The Highway Code online and incorporate the amendments into the next hard copy edition of The Highway Code, in the autumn.

Use of screens

The government wants users of self-driving vehicles to be able to safely make the most of their vehicle’s capabilities. Regulation 109 of The Road Vehicles (Construction and Use) Regulations 1986 prohibits drivers from being in such a position as to be able to see non-driving related content on ‘television-receiving apparatus’ while driving.

We are modifying the application of this regulation. This is to enable drivers to view information of any sort on the in-built apparatus of their vehicle, provided their vehicle is driving itself and has been listed as an automated vehicle under the Automated and Electric Vehicles Act 2018 (meaning that it is a ‘self-driving’ vehicle). The in-built infotainment apparatus is designed to cut out such activities when the vehicle issues a request to resume control and so will assist in managing the driver’s attention.

A review of research suggests that performing activities not related to the driving task through handheld devices has a marked impact on the time drivers take to respond to transition demands. Handheld devices may also continue to display information after the transition demand is issued and further distract the driver. Therefore no changes are being made to the prohibition on use of handheld devices set out in regulation 110 of The Road Vehicles (Construction and Use) Regulations 1986.

The order is made under powers in s. 44(2) of the Road Traffic Act 1988.

We will publish the order modifying the scope of Regulation 109 at the same time as laying our proposed changes to The Highway Code.

Forward look

More broadly, we are taking forward workstreams that focus on driver understanding. In particular:

• we are exploring options to provide further clarity to drivers on rules for the use of self-driving vehicles – such as through supplementary guidance from DVSA, within their range of resources for drivers. We will continue to update DVSA resources as new issues are found. We are also liaising with the Police and Crown Prosecution Service to prevent unfair prosecutions of drivers using self-driving vehicles.

• we have also established a driver education working group with a wide range of stakeholders, including manufacturers, car rental and leasing companies, and road safety organisations to develop solutions for communicating driver responsibilities and rules for safe use of self-driving vehicles. An early example of the outputs from this group are the SMMT’s guiding principles for marketing automated vehicles.

Acronym glossary

Advanced driver assistance system (ADAS)

Individual automation features such as adaptive cruise control or lane changing features which assist the driver but are not capable of safely and lawfully driving the vehicle without the need for human monitoring. When these features are engaged the driver remains fully responsible for the behaviour of the vehicle.

Automated driving system (ADS)

A vehicle system that uses both hardware and software to enable a vehicle to self-drive.

Automated lane keeping system (ALKS)

A system for use on motorway-type roads in suitable conditions which keeps the vehicle within its lane when travelling 60 kilometres per hour (km/h) or less by controlling the lateral and longitudinal movements (speed and direction) of the vehicle for extended periods, without the need for further driver input. Likely to be the first technology allowing a vehicle to be listed as automated under the Automated and Electric Vehicles Act 2018.

Automated vehicle (AV)

A vehicle designed or adapted to be capable, in at least some circumstances or situations, of safely driving itself, as a ‘self-driving’ vehicle and that may lawfully be used when driving themselves on roads or other public places in Great Britain. A vehicle is ‘driving itself’ if it is operating in a mode in which it is not being controlled, and does not need to be monitored, by an individual.

Dynamic driving task (DDT)

The tactical functions (object and event detection and response) and operational functions (control of vehicle speed and direction) which comprise the task of driving a vehicle.

Other activities

Activities other than driving undertaken by the driver in a vehicle when its automated driving system is engaged.

Over-the-air (OTA)

Wireless transmission of information often used to deliver software, firmware or configuration updates.

Self-driving vehicle

A vehicle listed as an automated vehicle under the Automated and Electric Vehicles Act 2018.

Transition demand (TD)

A procedure to transfer the dynamic driving task (DDT) from the system (automated control) to the human driver (manual control). This request is given from the system to the human driver and must be intuitive and clear.

Draft amendment to The Highway Code – a new section for self-driving vehicles

Self-driving vehicles

When using the term ‘self-driving vehicles’ we mean those vehicles listed as ‘automated vehicles’ by the Secretary of State for Transport under the Automated and Electric Vehicles Act 2018. You can check on GOV.UK if your vehicle is self-driving.

These vehicles are capable of safely driving themselves when the self-driving function is correctly turned on and the driver follows the manufacturer’s instructions. While the vehicle is driving itself, you do not need to monitor it.

Self-driving vehicles differ from vehicles that are fitted only with assisted driving features (like cruise control and lane-keeping assistance). Assisted driving features can do some of the driving, but the driver still needs to be responsible for driving at all times. If you are driving a vehicle using only its assisted driving features, rule 150 of The Highway Code applies.

A self-driving vehicle’s ability to drive itself may be limited to certain situations or parts of a journey. Things like the type of road, time of day, weather, location and speed may affect this. You should follow the manufacturer’s instructions about when and how to use the self-driving function safely.

While a self-driving vehicle is driving itself in a valid situation, you are not responsible for how it drives. You may turn your attention away from the road and you may also view content through the vehicle’s built-in infotainment apparatus, if available.

But you must still follow all relevant laws, such as:

• you must be fit to drive (for example you must be within the drink drive legal limits and not be under the influence of drugs) – see rules 90 to 96

• the vehicle must be road legal (for example it must have an MOT certificate, if applicable and it must be taxed and insured) and the vehicle must be roadworthy (see rules 89 and 97 and annexes 3 and 6) – you will also still be responsible for your passengers and anything else you are carrying (see rules 98 to 102)

• you must not do anything illegal, like using a hand-held mobile phone, or similar hand-held device – there are exceptions to this, which are set out in rule 149.

If a self-driving vehicle needs to hand control back to the driver, it will give you enough warning to do this safely. You must always be able and ready to take control and do it when the vehicle prompts you. For example, you should stay in the driving seat and stay awake. When you have taken back control or turned off the self-driving function, you are responsible for all aspects of driving.

Relevant laws

• the Road Traffic Act (RTA), sections 2, 3, 4, 5, 5A, 14 and 15
• the Automated and Electric Vehicles Act (AEVA), section 1
• the Road Vehicles (Construction and Use) (Amendment) Regulations (CUR), regulations 100, 104, 109 (as modified by the Road Vehicles (Construction and Use) (Automated Vehicles) Order 2022) and 110