Self-driving car users should have immunity from range of motoring offences, report says

Users of self-driving cars should not be legally responsible if the vehicle is involved in a crash, Britain’s law commissions have jointly recommended.

The Law Commission of England and Wales and the Scottish Law Commission called for legal reforms that mean the person in the driving seat of a self-driving car would be immune from prosecution “if anything goes wrong”, such as in the cases of dangerous driving, speeding or running a red light.

Under the plan, the company or body that obtained authorisation for the technology would instead face sanctions.

Whoever is in the driving seat would remain responsible for other duties such as obtaining insurance, checking loads and ensuring child passengers wear seat belts.

The Law Commissions also recommended that passenger services conducted by self-driving vehicles are accessible, particularly to older and disabled people.

If any sort of monitoring is required - such as in extreme weather conditions - current driving rules should apply as the vehicle should not be considered autonomous, the report says.

Legal review bodies recommended that a clear distinction is made between features which just assist drivers, such as adaptive cruise control, and those that are self-driving.

It will be for the UK, Scottish and Welsh Governments to decide whether they accept the report’s recommendations.

David Bartos, Scottish Law Commissioner, said the proposals focused on “ensuring safety and accountability while encouraging innovation and development”.

Transport minister Trudy Harrison, meanwhile, said the right regulations still need to be in place to ensure accountability for incidents so that public confidence in the new technology can be built up.

Fully driverless car are not yet legally permitted in the UK, but autonomous features are being developed by car makers.

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In April last year, the Department for Transport announced it would allow hands-free driving in vehicles with lane-keeping technology on congested motorways, at speeds of up to 37mph.

Concerns about autonomous vehicles were raised when two men were killed in April 2021 when a Tesla Model S crashed into a tree in Texas. Police believe no-one was in the driver’s seat when the collision occurred.

Matthew Avery, chief research strategy officer at road safety organisation Thatcham Research, which conducts safety tests for motor insurers, warned that the transition to self-driving cars is “fraught with risk”.

He said: “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.”