Today (20/05/2020) the Law Commission of England and Wales and the Scottish Law Commission published their analysis of the second consultation investigating the regulatory framework needed for the deployment of Automated Vehicles (AVs). The second consultation revolved around AVs and their potential role as passenger carrying services or as they are technically termed Highly Automated Road Passenger Services (HARPS). Passenger services are deemed to be the first way we will see AVs introduced to the public as opposed to privately owned AVs given the expected costs of the vehicles.  

The deadline for responses closed in February 2020 and you can read CIHT's response to the consultation here. 

Six overarching themes were investigated in the consultation:

• Operator licensing - single national system: should there be a single national system for operator licensing and one for basic safety standards HARPS operators?
• Operator licensing - scope and content: this theme investigated how a HARPS operator should be defined and what duties should be placed on licence holders including questions of insurance, safety and accident reporting and transparency related to price information of services.
• Privately-owned passenger only vehicles: these questions related to the duties and responsibilities for sellers of "passenger-only" vehicles as well as private buyers and owners of AVs. The questions related to insurance, the need for regular updating of software and maintenance of the vehicle to keep the vehicle roadworthy. 
• Accessibility: Should there be national minimum standards of accessibility for HARPS and should the current protections against discrimination and duties to make reasonable adjustments that currently apply to land transport service providers be extended to operators of HARPS. 
• Regulatory tools to control congestion and cruising: This related to what regulatory tools could be put in place to ensure that HARPS contribute positively to transport networks and do not end up burdening them and causing more traffic. Questions related to road pricing for HARPS, traffic regulation orders and the idea of imposing quantity restrictions on the amount of HARPS and HARPS vehicles that are allowed to operate in a given area. 
• Integrating HARPS with public transport: This theme considered HARPS as mass-transit and if, when and whether HARPS should be subject to current bus regulation. Finally, this theme sought views on HARPS and Mobility-as-a-Service (MaaS) and in particular a new statutory scheme where transport authorities could place requirements on operators to participate in joint marketing, ticketing and information platforms. 

CIHT's response in brief

CIHT's response emphasised the need for automated vehicles to work safely with the current network, the need for transparent safety data, and the potential impact on highways authorities. A successful introduction of automated vehicles will require supporting local authorities and automated fleet operators to work together to benefit all road users.

CIHT also argued that the needs of highways engineers and other transport professionals, should be considered as new technologies change the nature of how they operate. While the safety of road users is a major concern we must ensure that those who build and maintain our roads are sufficiently protected as well.

The law commissions' analysis

Today's published analysis showed that the vast majority of respondents agreed that there should be a single national system for operator licensing. CIHT also agreed with this proposal particularly on the grounds that safety is critical to the implementation of HARPS and this would ensure consistency in how that is approached. Noted in the analysis was also that many organisations, including CIHT, had stressed the importance of local authorities to have a degree of control and ability to regulate the implementation of HARPS in their local contexts such that it will benefit the local transport needs and align with local visions for transport and communities at large. 

While the consultation concluded before the global COVID-19 health crisis its possible impact has been considered in the law commissions' analysis. As was stressed in several responses received by the commission, it notes the importance of any regulation to be designed with a degree of flexibility to cope with uncertainty of the future. CIHT also stressed this in its response including the need for a phased approach to implementation that considers not only the safety performance of AVs but also their impact on the wider transport network. 

Road pricing and quantity restrictions as means of managing HARPS and their integration with the wider transport network was supported by many respondents including CIHT. 

To get involved and for more CIHT consultations please see here.

For the law commissions' full analysis please see here.