A series of legal reforms has been proposed to allow the safe introduction of driverless cars in the UK, including changes to who would be legally responsible for road safety in automated vehicles.
A report by the Law Commission of England and Wales and the Scottish Law Commission recommends the introduction of a new Automated Vehicles Act to regulate self-driving cars.
The report, which was funded by the Department of Transport, calls for a clear distinction between driver assistance features designed to help a human driver and features that enable a vehicle to drive itself for at least part of a journey, without a human paying attention to the road.
Under the Law Commissions’ proposals, the person in the driving seat will be defined as 'user-in-charge' and will not be responsible for how an automated car drives. Instead, the company behind the automated driving system, the Authorised Self-Driving Entity (ASDE), will face regulatory sanctions if anything goes wrong.
However, the user-in-charge will retain certain driver duties, such as carrying insurance, checking loads or ensuring that children wear seat belts.
There have been some concerns over driverless system, such as Tesla Inc (NASDAQ:TSLA)'s Autopilot.
A driver of a Tesla, using Autopilot, is currently facing vehicular manslaughter charges in California after the car went through a red light, hitting another car and killing two people. This is first time someone has been charged with manslaughter when using a partially automated driving system.
Nicholas Paines QC, Public Law Commissioner, said: “We have an unprecedented opportunity to promote public acceptance of automated vehicles with our recommendations on safety assurance and clarify legal liability. We can also make sure accessibility, especially for older and disabled people, is prioritised from the outset.”
Transport Minister Trudy Harrison added: “The development of self-driving vehicles in the UK has the potential to revolutionise travel, making every day journeys safer, easier and greener.
"However, we must ensure we have the right regulations in place, based upon safety and accountability, in order to build public confidence."
Matthew Avery, chief research strategy officer at Thatcham Research, which was involved in the consultation, told the BBC: "We applaud the recommendations that compel carmakers to use appropriate terminology when marketing these systems, to prevent motorists from becoming convinced that their car is fully self-driving when it is not.
"In the next 12 months, we're likely to see the first iterations of self-driving features on cars in the UK.
"It's significant that the Law Commission report highlights the driver's legal obligations and how they must understand that their vehicle is not yet fully self-driving."
Last year, the Department for Transport gave the green light to automated lane-keeping systems (ALKS), the first type of hands-free driving to be legalised in the UK. Drivers using ALKS will not need to monitor the road or keep their hands on the wheel but must stay alert and be able to take over within 10 seconds when requested by the system.