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    {
        "idx": 1,
        "result": "supported"
    },
    {
        "idx": 2,
        "result": "unsupported"
    }
]

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<reference>
EXPLANATORY NOTES

Automated Vehicles Act 2024
Chapter 10

£14.93

AUTOMATED VEHICLES ACT 2024
EXPLANATORY NOTES
What these notes do
These Explanatory Notes relate to the Automated Vehicles Act 2024 which received Royal Assent on
20 May 2024 (c. 10).

• These Explanatory Notes have been prepared by the Department for Transport in order to
assist the reader in understanding the Act. They do not form part of the Act and have not been
endorsed by Parliament.

• These Explanatory Notes explain what each part of the Act will mean in practice; provide
background information on the development of policy; and provide additional information on
how the Act will affect existing legislation in this area.

• These Explanatory Notes might best be read alongside the Act. They are not, and are not
intended to be, a comprehensive description of the Act.

c. 10–EN

Table of Contents
Subject

Page of these Notes

Overview of the Act

3

Policy background

3

Legal background

10

Territorial extent and application

11

Commentary on provisions of Act

13

Commencement

57

Related documents

57

Annex A - Territorial extent and application in the United Kingdom 58
Annex B - Hansard References

62

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Overview of the Act
1.

The Automated Vehicles Act implements the recommendations of the 4-year review of
regulation for automated vehicles carried out jointly by the Law Commission of England and
Wales and the Scottish Law Commission (the Law Commissions). It is intended to set the legal
framework for the safe deployment of self-driving vehicles in Great Britain.

2.

The Act is comprised of 7 Parts and 6 Schedules, which are explained below.

Policy background
Policy development
3.

The Law Commissions’ review of the law relating to automated vehicles involved three
rounds of consultation between November 2018 and December 2020, involving over 350
meetings with individuals and organisations, and analysis of over 400 written responses. The
Law Commissions published their report Automated Vehicles: joint report with 75
recommendations in January 2022.1

4.

The Government’s response to the recommendations was published in the Connected and
Automated Mobility 2025: Realising the benefits of self-driving vehicles in the UK (CAM 2025)
in August 2022.2 Based on the Law Commissions’ recommendations, CAM 2025 committed to
set out a legal and safety framework to provide clarity of responsibility for self-driving
vehicles and to put in place new safety requirements. The framework applies to vehicle
systems that are capable of driving a vehicle, for some or all of a journey, with no human
input. Such systems are considered ‘self-driving’, and legal responsibilities change. This
technology is distinct from technology that supports a driver (driver assistance technology),
where the driver remains responsible at all times. The Law Commissions recommended that it
should be a criminal offence to market a vehicle as self-driving if it does not meet the legal
definition.

5.

As recommended by the Law Commissions, CAM 2025 identifies new legal entities
responsible for the safety of self-driving systems and creates a new legal status for a driver
who has handed control of a vehicle to a self-driving system. It also sets out details of a new
safety framework for self-driving vehicles on roads in Great Britain.

6.

The safety framework includes a high-level non-statutory safety ambition which aims to
provide a focus for Government and industry as self-driving vehicles are developed and
deployed, and to provide a publicly-accessible aim to support public acceptance. A set of
National Safety Principles, referred to as a Statement of Safety Principles in the Act, must set
out further detail of the safety expectations for self-driving vehicles and to which the Secretary
of State is required to have regard when assessing whether a vehicle is able to drive itself
safely and legally. The Statement of Safety Principles are required to be framed with a view to
securing the safety ambition that authorised automated vehicles will achieve a level of safety
equivalent to, or higher than, that of careful and competent human drivers.

1 Automated Vehicles: joint report: https://lawcom.gov.uk/project/automated-vehicles/
2 Connected & Automated Mobility 2025: https://www.gov.uk/government/publications/connected-and-automated-mobility-

2025-realising-the-benefits-of-self-driving-vehicles

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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7.

Vehicles with automated systems will be subject to detailed technical assessment and
approval for the purposes of safety and cyber-security using the well-established Vehicle
Type Approval process. Amendments to the approval process can be made where necessary
to account for new automated technologies. A vehicle with automated technology may be put
forward for authorisation, which is the process by which a system will be assessed as selfdriving. If assessed as self-driving, authorisation identifies the organisation responsible for the
system.

8.

If an authorised self-driving system operates without a responsible individual inside at any
point, it requires a licensed operator to oversee the service. If the service carries passengers, it
requires a permit for automated passenger services or license to do so under taxi, private
hire or public service vehicle laws.

9.

An in-use regulatory scheme holds those responsible for self-driving systems to account
while the systems are in use, and sanctions and penalties apply if the regulated bodies fail to
meet their obligations. No-blame safety investigations by inspectors of automated vehicle
incidents make recommendations to inform and shape the ongoing safe development and
deployment of self-driving vehicles.

10. In addition to the Law Commission’s recommendations, the Act enables information about
traffic regulation orders (TROs) to be made available digitally and in a common format for
use in self-driving vehicles and other systems that facilitate driving vehicles on a road. The
data, which includes, for example, speed limits, road closures and restrictions, location and
times of use of bus lanes and parking bays can then be used to create a digital map of the road
network which support the safe operation of self-driving vehicles. The proposal for digital
TROs was consulted on in 2022.3
11. The following paragraphs provide further detail on the policy background, following the
structure of the Act.

Part 1 and Schedules 1 and 2: Establishing a regulatory scheme for automated
vehicles
Chapter 1: Authorisation of road vehicles for automated use
12. Chapter 1 sets out the basic concepts and safety expectations, and establishes a regulatory
scheme for a vehicle to be authorised in Great Britain as “self-driving”.
13. For conventional vehicles it is the responsibility of the driver to follow the rules of the road.
So, even when using driver assistance systems, the driver must always monitor the driving of
the vehicle and be ready to intervene. Chapter 1 sets out the “self-driving test” which
identifies, in law, those systems (known as “features”) that are sufficiently technologically
advanced that there does not need to be an individual in the driving seat monitoring the road
and behaviour of the vehicle. Legal responsibility for self-driving vehicles shifts away from
the human user of the vehicle.

3 Traffic Regulation Orders: https://www.gov.uk/government/consultations/traffic-regulation-orders-changes-to-publishing-

requirements-and-special-events-order-approvals

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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14. Authorisation is the process by which the Secretary of State will determine whether a vehicle
meets the self-driving test and other regulatory requirements. Authorisation considers
whether a vehicle can safely and legally drive itself without the need for monitoring or control
by an individual.
15. Each authorised automated vehicle must have an authorised self-driving entity (ASDE) who is
responsible for the way that the vehicle drives and for meeting other regulatory obligations.
The identity of the ASDE for each authorised automated vehicle will be published on a
register. The ASDE must appoint a nominated manager who is responsible for providing
information that regulators require The ASDE may be subject to regulatory sanctions if an
automated vehicle commits a traffic infraction or if regulatory requirements have not been
met.
16. The Law Commissions also recommended that the Secretary of State for Transport be
required in law to publish safety principles against which the safety of automated vehicles can
be measured. The Act refers to this standard as a ‘Statement of Safety Principles’ (see section
2) and requires the Secretary of State to consult on and define the Safety Principles in a
statement laid before Parliament. The Safety Principles set out the safety expectations for selfdriving vehicles and the Secretary of State is required to have regard to the Safety Principles
in their assessment during the authorisation process of whether a vehicle meets the selfdriving test under section 1. The power to authorise cannot be exercised until the Statement of
Safety Principles has effect.

Chapter 2: Licensing of operators for vehicle use without user-in-charge
17. Chapter 2 is concerned with ‘no-user-in-charge’ (NUiC) vehicles. Some self-driving features
do not require an individual to be in the vehicle, and in a position to exercise control of the
vehicle at any point in the journey (a 'user-in-charge') and such features are therefore referred
to as a NUiC features. For example, a vehicle with a NUiC feature could travel empty or with
only freight or passengers (no responsible human needed inside the vehicle).
18. As is required for all self-driving vehicles, these vehicles must have an authorised self-driving
entity (responsible for the way the vehicle drives), but are also required to be overseen by a
licensed NUiC operator. The licensed operator is required to have “oversight” of the vehicle.
This involves knowing where its vehicles are, maintenance and insurance and general
responsibility for safe operations. This role is, in some respects, similar to a bus operator.
19. The Act therefore provides for the establishment of an operator licensing scheme to ensure
that companies operating self-driving vehicles are subject to set requirements and are suitable
for the role.

Chapter 3: Provision of information by regulated bodies
20. Safety assurance relies heavily on information provided by the ASDE and NUiC operator to
the regulator, both in their safety cases and in subsequent submissions. Chapter 3 makes
provision for the sharing of information by ASDE/NUiC operators with the Secretary of State
and others.
21. The functioning of the safety framework relies on good quality information being provided.
The Law Commissions found existing offences such as corporate manslaughter, fraud and
Health and Safety offences left gaps, and new offences were necessary. The process would be
undermined by any lack of candour. The provisions therefore put in place specific criminal
offences for misrepresentations and non-disclosure that have implications for vehicle safety.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Chapter 4: Powers to investigate premises used by regulated bodies
22. Chapter 4 gives various powers to investigate premises used by bodies regulated under this
Act. The provisions in this Chapter are in response to the Law Commissions’ recommendation
that the in-use regulator should have powers to apply for a search warrant to obtain
information which is relevant to an investigation and powers to inspect remote operation
centres.

Chapter 5: Civil sanctions against regulated bodies
23. Chapter 5 provides for a range of civil sanctions against bodies regulated under the Act if they
fail to comply with, amongst other things, authorisation requirements or information
obligations. The provisions in this Chapter are in response to the Law Commissions’
recommendation that the in-use regulator should have statutory powers to impose the
following regulatory sanctions: civil penalties; redress orders; compliance orders.

Chapter 6: Other regulatory powers and duties
24. Chapter 6 sets out the Secretary of State’s regulatory duties to monitor the performance of
authorised automated vehicles and ensuring that the safety of the vehicles is consistent with
the Statement of Safety Principles. The Secretary of State will issue annual monitoring reports.
This Chapter sets out powers to investigate relevant incidents.

Chapter 7: Supplementary provision
25. Chapter 7 makes supplementary provisions for the purposes of Part 1 covering matters such
as the subsequent use of information obtained under powers given by this Part.

Schedule 1: Enforcement action under Part 1: procedure
26. Schedule 1 sets out the procedures for exercising the power to suspend or vary authorisations,
as well as for issuing certain types of notices and penalties under Part 1.

Schedule 2: Amendments related to Part 1
27. Schedule 2 makes various consequential amendments to existing provisions.

Part 2 and Schedule 3: Criminal liability for vehicle use
Chapter 1: Legal position of the user in charge
28. Chapter 1 provides that, in certain circumstances where an authorised automated feature is
engaged, an individual in the vehicle and in a position to operate the driving controls
(referred to as a “user-in-charge”, or UiC) may claim an immunity for offences arising from
the way the vehicle is driven.
29. If a self-driving feature requires a responsible human inside the vehicle (e.g. because it can
only complete part of a journey such as for a motorway chauffeur system), that human is the
driver while the feature is disengaged and becomes a UiC when the self-driving feature is
engaged. The UiC is not responsible for the way the self-driving vehicle drives when the
feature is engaged.
30. The UiC must however be qualified and fit to drive, and in a position to exercise control. The
UiC also retains responsibilities not associated with dynamically controlling the vehicle and
may be called on to take over driving if the self-driving feature issues a transition demand –
and may have to drive for part of the journey to reach their destination.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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31. While the self-driving feature is engaged, the UiC is not responsible for dynamic driving.
They do not control the vehicle through steering, accelerating or braking, and do not need to
monitor the driving environment. They have express immunity from the most serious road
traffic offences (subsections 1 to 3A of the Road Traffic Act 1988). They are not responsible for
signals and lighting. The immunity ensures that the user-in-charge cannot be held liable for
criminal offences which arise from self-driving activities.
32. However, a UiC does retain other driver responsibilities not linked to the manner of driving.
For example, to ensure that the vehicle has appropriate insurance, check that any load is
secure, ensure roadworthiness, and ensure that any children in the vehicle are wearing their
seatbelts. Other examples of UiC responsibilities in the chapter include offences relating to
parking, and payment of tolls and charges.
33. A UiC should remain able to retake dynamic driving control, for example they must be awake
and in the driving seat. Mobile phone use remains prohibited.

Chapter 2: Offences
34. Chapter 2 sets out new driving offences relating to automated vehicles and amends offences
in the Road Traffic Act 1988 to apply to circumstances arising from the use of automated
vehicles.
35. With automation there is likely to be a large dependency on software which was not
adequately reflected in previous legislation. The Act therefore makes amendments to bring
software within existing offences under the Road Traffic Act 1988 around tampering, and the
fitting and supply of defective or unsuitable parts.

Schedule 3: Amendments related to section 54
36. Schedule 3 amends legislation in connection with the new offences.

Part 3 and Schedule 4: Policing and investigation
Chapter 1: Stopping and seizure
37. Chapter 1 makes provision to enable stopping powers to be exercised against automated
vehicles, and makes provision in respect of the seizure and detention of vehicles.

Chapter 2: Investigation of incidents by statutory inspectors
38. Chapter 2 makes provision for the appointment of inspectors of automated vehicle incidents
for the purpose of carrying out safety investigations. Such investigations are to increase
understanding of and reduce the risks of harm from the use of automated vehicles and not to
establish blame or liability. Further provision under this Chapter is concerned with giving
inspectors powers to obtain and gather evidence and also with the subsequent use of
information, contents of safety reports and procedural matters.
39. This is distinct from the in-use regulatory function, the purpose of which is to monitor and
enforce regulatory standards. The regulatory function will look at how and why an
automated vehicle has committed a traffic infraction, and whether it is appropriate to issue
regulatory sanctions. The safety investigations conducted by statutory inspectors does not
establish blame or liability, nor issue sanctions, but rather publishes non-binding
recommendations. This is because the purpose of a statutory inspector is to identify, improve
the understanding of, and reduce the risk of automated vehicle incidents through conducting
a safety investigation.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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40. These powers fulfil the recommendation from the Law Commissions that an independent
collision investigation unit should be given responsibility for investigating serious, complex
and high-profile collisions involving automated vehicles.

Schedule 4: Amendments related to section 66(3)
41. Schedule 4 makes amendments to the Road Traffic Offenders Act 1988 to provide for the
offence of failing to comply with an inspector’s direction under section 66(3).

Part 4 and Schedule 5: Marketing restrictions
42. A driver in a vehicle with assistance technology who believes the vehicle is capable of driving
itself could over-rely on the vehicle and disengage from the driving task when it is not safe to
do so. Therefore, Part 4 of the Act creates (and makes further provision in relation to) offences
to ensure that only authorised automated vehicles are marketed using words or symbols
reserved only for authorised automated vehicles, and to ensure that vehicles that only provide
driver assistance (and hence are not authorised automated vehicles) are not marketed in a
way that could confuse the driving public into believing they do not need to pay attention to
the road. The offences only apply to people acting in the course of business and if the use of
the restricted term or confusing communication is directed at end-users.
43. Schedule 5 requires the Secretary of State to enforce misleading marketing provisions and
grants powers in Part 3 of Schedule 5 of the Consumer Rights Act 2015 for that purpose.
44. Part 4 and Schedule 5 implement the Law Commissions’ recommendation that it should be a
criminal offence to market a vehicle as self-driving if it is not authorised as such.

Part 5 and Schedule 6: Permits for automated passenger services
45. Part 5 and Schedule 6 of the Act make provision in respect of the licensing of automated
passenger services, the disapplication of taxi, private hire and bus legislation to licensed
automated passenger service providers as long as they remain in the area in which, and in a
vehicle in which, services can be provided under the permit. Permits may be granted subject
to conditions. It also sets out the requirements that must be satisfied before a permit is
granted.
46. Schedule 6 provides that infringement of obligations the permit holder must fulfil as a
condition of holding the permit can be enforced by compliance notices, monetary penalties
and costs notices and provides for rights of appeal.

Part 6: Adaptation of existing regimes
47. Part 6 of the Act makes provision for the adaptation of existing regimes. Such provision
includes, for example, the power to amend the type-approval framework in assimilated
legislation to make it more suitable for automated vehicles, the modification of roadside
testing and inspection powers for the purpose of ascertaining whether requirements under
this Act are satisfied, and a power to require that traffic regulation orders are provided in
digital form so that they may be used by self-driving vehicles.

Type approval
48. The process for checking that vehicles, their systems and their components comply with
applicable safety and environmental standards is a well-established process for conventional
vehicles (known as Vehicle Type Approval). Many of the requirements that apply in GB Type
Approval are set at an international level at the United Nations Economic Commission for

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Europe (UNECE), which provides harmonisation of vehicle standards, meaning a
manufacturer can be approved once for access to multiple markets. Where UNECE standards
are not in place, Great British standards can be developed.
49. The Law Commissions recommended that the Secretary of State should establish a domestic
self-driving vehicle technical approval scheme to approve vehicles with self-driving features
which do not have UNECE approvals and which are intended for use on Great British roads.
50. Type approval differs from the authorisation stage in Part 1 as the approval process is needed
to register a vehicle with the Driver Vehicle and Licensing Agency based on it meeting
specific technical requirements, whereas authorisation determines whether a vehicle meets the
self-driving test and, therefore, whether legal responsibilities change.
51. The Act grants power to the Secretary of State to amend the assimilated type approval
frameworks. This is to ensure that type approval can be issued for self-driving vehicles which
do not, for example, have a driver's seat or driver's controls. These amendments to
requirements, include for example vehicle categories and definitions..
52. Specific technical provisions are also required for the automated driving system (responsible
for controlling the automated vehicle) and amendments can include ongoing obligations in
order to ensure the continued on-road safety of self-driving vehicles. For example, changes in
traffic rules or the emergence of new cyber-security vulnerabilities may require the
manufacturer to take action such as issuing software updates.
53. The power also enables the Secretary of State to set requirements for manufacturers to have in
place appropriate management systems covering safety, security, and software updates for
vehicles. Management systems are frameworks consisting of the manufacturer’s policies,
processes, documentation, standards, toolsets and competencies of personnel which cover the
activities around the safety and security of a vehicle throughout its life.

Digitalising Traffic Regulation Orders
54. Self-driving vehicles need to have an accurate and up-to-date understanding of the road, and
to know the legal parameters of the network. Traffic Regulation Orders (TROs) hold much of
the necessary information to facilitate this, for example, information on speed limits, parking
bays, bus lanes and road works. TROs are issued and held by traffic regulation authorities and
traditionally stored on paper or in separate authority systems, and the format and content of
TROs can differ between each authority. The information may therefore not be readily
available to those developing or deploying self-driving vehicles.
55. In order to facilitate access to the information, the Act gives the Secretary of State or Welsh
Ministers the power to make regulations to require TRO information to be provided by traffic
regulation authorities in England or Wales respectively, to specify where and when it is sent,
and that it must be provided in line with specified electronic data standards.
56. The Act allows for the Government to publish this information via a common publication
platform so that it can be used by self-driving vehicles and by other electronic equipment
designed to undertake or facilitate the driving of vehicles on a road for example, satellite
navigation applications and features.

Part 7: General provision
57. Part 7 of the Act makes general provision concerned with matters such as the application of
data protection legislation, Crown application, the procedure for making regulations under
the Act, and extent.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Legal background
58. The following is a summary of the legal background to the Act. Further explanation is
contained in the policy background sections of these notes.
59. The Act provides a legal framework for regulating the use of automated vehicles on roads and
other public places. The Act largely reflects the recommendations of the review of the law
relating to automated vehicles undertaken by the Law Commission of England and Wales and
the Scottish Law Commission (the Law Commissions).
60. The Act creates licensed and regulated entities that will assume liability for the way that an
automated vehicle drives. Drivers have immunity from criminal liability arising from how the
vehicle is driven while the automated vehicle features are engaged. Civil liability to other
road users is met by insurers’ liabilities under the Automated and Electric Vehicles Act 2018
together with power in the Act to make redress orders. The Act creates a number of criminal
and civil penalties. Most of these offences apply to the regulated entities and actors created
under the Act.
61. The following notes give a brief overview of significant legislation referenced by the Act.
62.

The Road Traffic Act 1988 is an Act that regulates road traffic, including road traffic offences,
on public roads and other public places in England, Scotland and Wales. The offences in the
Act are amended under Chapter 2 of this Act and new offences created (section 53 and 54).
Amendments are also made to the roadside testing powers (section 92) and new definitions
inserted into the Act (section 94). Further amendments to the Act that relate to insurance
provisions can be found in Schedule 2 of this Act.

63. The Road Traffic Offenders Act 1988 is an Act that contains provisions concerning the
prosecution and punishment of road traffic offences including the penalties attached to the
offences. This is amended under Chapter 2 of this Act, to set out the penalties for the new
offences introduced into the Road Traffic Act 1988.
64. The Automated and Electric Vehicles Act 2018 is an Act that contains provisions which define
an automated vehicle for the purposes of the Act and the liability of insurers in respect to
those vehicles. At Schedule 2 this Act amends the Automated and Electric Vehicles Act to
ensure it aligns with the framework set out in this Act for automated vehicles and removes
the requirement for the Secretary of State to keep a list of automated vehicles but maintains
the liability of insurers in respect to authorised automated vehicles.
65. The Road Traffic Regulation Act 1984 is an Act that provides powers to regulate traffic on
public roads, including making traffic regulation orders and setting speed limits. Part 6 of this
Act at section 93 provides the power for the Secretary of State or Welsh Ministers to make
regulations requiring a traffic regulation authority for an area in England or Wales
respectively to provide information about relevant traffic regulation measures made using
powers under the Act, to enable information to be communicated or acted upon by authorised
automated vehicles or in respect to the electronic equipment of other vehicles on roads.
66. The assimilated type approval legislation (listed in the Act at section 91(4), provides the legal
powers for checking that vehicles, their systems and their components comply with applicable
safety and environmental standards and is a well-established process for conventional
vehicles. section 91 provides a power to amend the assimilated type approval legislation for
the purpose of setting suitable technical requirements for the type of vehicles described under
section 91(1).

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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67. Section 95 clarifies that any provision in the Act that relates to obtaining or using information
must comply with the Data Protection Act 2018.
68. Part 5 of the Act introduces a new framework for issuing permits for automated passenger
services section 83 disapplies taxi, private hire and bus legislation for automated passenger
services. The relevant legislation is listed under this section.
69. Schedule 2 to the Act contains other amendments to provisions of other Acts, in most cases to
insert ‘authorised’ into references to automated vehicles in these Acts or to update the existing
relevant references in the act to include ‘authorised automated vehicles’.
70. Schedule 5 to the Act amends the Consumer Rights Act 2015 to include reference to powers
inserted by this Act relating to misleading marketing offences under Part 4 of this Act.

Territorial extent and application
71. Section 98 sets out the territorial extent of the Act, that is the jurisdictions where the Act forms
part of the law. The extent of an Act can be different to its application. Application is about
where the Act produces a practical effect rather than where it forms part of the law.
72. The Act generally extends and applies to England and Wales and Scotland, with the exception
of the following sections which do not extend to Scotland:
a.

Section 54(2) (Dangerous use etc), which inserts a new section 22B (offence of causing
danger to road-users resulting in automated vehicle killing or seriously injuring) into
the Road Traffic Act 1988. The new offence’s extent is consistent with the previous
offence in section 22A of the Road Traffic Act 1988, which also extends to England
and Wales only.

b.

Section 93 (Provision of information about traffic regulation measures) extends to
England and Wales only.

73. The core provisions of the Act do not apply to Northern Ireland in line with the Road Traffic
Act 1988, which extends to England and Wales and Scotland only. Northern Ireland has its
own road traffic laws. However, the Act also makes certain consequential amendments
extending to Northern Ireland:
a.

Schedule 3 makes consequential amendments to provisions in existing legislation
extending to England and Wales, Scotland and Northern Ireland. An amendment
made by a Schedule has the same extent as the provision amended. Accordingly,
Schedule 3 and the provisions in the Act providing for it (section 53(3) and 54(4))
extend to England and Wales, Scotland and Northern Ireland as relevant.

b.

Paragraph 2 of Schedule 5 extends to England and Wales, Scotland and Northern
Ireland, as it amends the Consumer Rights Act 2015 which has that extent. section
81(4) accordingly also extends to England and Wales, Scotland and Northern Ireland.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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74. The provisions in Part 7 of the Act (General provision) also extend to Northern Ireland, as
well as England and Wales and Scotland.
75. The Act provides for extraterritorial application in relation to:
a.

The Secretary of State’s powers to issue information and interview notices specifying
individuals or classes of individuals consistent with section 19 (Notices requiring
individual attendance). section 19 provides that notices may specify an individual or
class of individuals who are carrying out, or have carried out, paid work for a
regulated body (in whatever capacity). These individuals need not have any further
connection to the United Kingdom.

b.

The offences in section 78 (Restriction of certain terms to authorised automated
vehicles) and section 79 (Communications likely to confuse as to autonomous
capability). These offences can be committed anywhere in the world. In both cases, for
the elements of the offence to be made out, it must be reasonable to anticipate that the
use of the term or communication will come to the attention of an end-user or
potential end-user of road vehicles in Great Britain.

76. Where relevant, the commentary on individual provisions of the Act also includes a
paragraph explaining their application.
77. The provisions in Part 5 of the Act (Permits for automated passenger services) touch on
matters which are devolved to Scotland and Wales, insofar as they relate to any passenger
services not provided in public service vehicles. Section 40 of the Act (Power to require
reports from police and local authorities) gives the Secretary of State power to impose
reserved functions on Devolved Welsh Authorities and to modify the executive competence of
Scottish Ministers for reserved purposes.
78. See the table in Annex A for a summary of the position regarding territorial extent and
application in the United Kingdom.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Commentary on provisions of Act
Part 1: Regulatory scheme for automated vehicles
Chapter 1: Authorisation of road vehicles for automated use
Section 1: Basic concepts
79. Section 1 sets out the criteria to satisfy the “self-driving test”. The self-driving test and other
requirements must be met for a vehicle to be authorised for use in Great Britain so that legal
responsibility for the behaviour of the vehicle will change. The test considers whether a
‘feature’ of the vehicle enables the vehicle to drive autonomously. To drive autonomously
means the vehicle is not being controlled by an individual but by equipment, and without the
need for an individual to control the vehicle or to monitor the vehicle or its surroundings in
order to intervene in driving.
80. A ‘feature’ refers to a specific operation that the vehicle can undertake. A vehicle may have
more than one self-driving ‘feature’. For example, a vehicle may be able to drive itself on
motorways using one ‘feature’ and in car parks using a separate ‘feature’. Section 7 sets out
further detail on ‘authorised automation features’, including how to specify or describe them.
81. Subsection (2) sets out the requirements for a vehicle to ‘satisfy the self-driving test’, which
include the vehicle being able to drive safely and legally. Subsection (7) specifies that a vehicle
drives safely if it travels to an acceptably safe standard. When assessing safety, the Secretary
of State must have regard to the ‘statement of safety principles’, which are provided for in
section 2 and which must be framed with a view to securing better road safety as a result of
the use of automated vehicles. Subsection (7) also specifies that a vehicle drives legally if there
is an acceptably low risk of committing a traffic infraction. The meaning of ‘committing a
traffic infraction’ is set out in section 44(2), which is committed if a vehicle does anything that
would – if it were done by an individual – amount to an offence or cause a person to become
liable to a road traffic penalty charge. The Act makes provision for the driver to have an
immunity for offences committed by the vehicle while a self-driving feature is engaged, with
the authorised self-driving entity (ASDE) being subject to a range of specified civil sanctions.
82. Subsection (3) states that assessment of whether a vehicle satisfies the self-driving test must
take account of the location and circumstances of the vehicle. This is because a vehicle may be
capable of driving itself (i.e. satisfying the self-driving test) only in some locations or
circumstances. For example, a vehicle may only be able to drive itself on a motorway during
daylight hours. Authorisation under section 3 is limited to the circumstances in which the selfdriving test is satisfied.
83. Subsection (4) states that a ‘feature’ is a combination of mechanical or electronic operations
performed by the vehicle’s equipment. This might include, for example, a computer and its
software which receives input from sensors, processes the input, and controls the vehicle’s
steering, braking and other systems in order to perform the dynamic driving task. The
equipment may be inside or outside the vehicle, for example in connected infrastructure.
84. Subsection (5) sets out the meaning of travelling ‘autonomously’. It means that the vehicle is
controlled by its equipment and not by an individual, and neither the vehicle nor its
surroundings are being monitored by an individual with a view to immediate intervention of

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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the driving of the vehicle. If an individual is required to monitor the vehicle and its
surroundings with a view to intervening in the driving of the vehicle in order to ensure its
safety or legality, it would not be considered capable of travelling autonomously.
85. Subsection (6) clarifies the meaning of control and is self-explanatory. Subsection (7) is
explained in paragraph 69 above.
86. Subsection (8) requires the Secretary of State to have regard to the ‘statement of safety
principles’ (provided for in section 2) when assessing a vehicle’s ability to travel safely and
autonomously.

Section 2: Statement of safety principles
87. Section 2 requires the Secretary of State to publish statutory guidance in the form of a
‘statement of safety principles’. The safety principles must be framed with a view to securing
that authorised automated vehicles will achieve a level of safety equivalent to, or higher than,
that of careful and competent human drivers and that road safety will be better as a result of
the use of authorised automated vehicles than otherwise. The Secretary of State must have
regard to these when deciding if an individual vehicle is capable of driving autonomously
and safely so that it satisfies the self-driving test at initial authorisation and throughout the
authorisation period.
88. Subsection (1) sets out the requirement for the Secretary of State to prepare the statement of
principles. Subsection (2) requires that the principles must be framed with a view to securing
that a) authorised automated vehicles will achieve a level of safety equivalent to, or higher
than, that of careful and competent human drivers and b) that road safety is better as a result
of the use of automated vehicles than it would otherwise be. Paragraph (a) of subsection (2)
formally aligns the statement of safety principle with the Government’s stated ambition for
self-driving vehicles.
89.

Subsection (3) sets out that the statement of safety principles must be subject to prior
consultation with relevant stakeholders. Subsection (4) requires those stakeholders to include
organisations representing:
a.

the interests of businesses involved, or likely to be involved, in the manufacture or
operation of mechanically propelled road vehicles designed to travel autonomously,

b.

the interests of road users, and

c.

the cause of road safety.

90. Subsections (5) and (6) subject the first iteration of the statement of safety principles to the
affirmative procedure in Parliament, allowing for additional Parliamentary scrutiny in this
novel area. Subsequent revisions of the statement of safety principles are subject to the
negative procedure in Parliament.
91. Subsection (10) prevents the use of authorisation powers (see section 3) before the statement
of safety principles has effect as they are intended to frame authorisation decisions with a
view to ensuring improved road safety (see subsection (2)).

Section 3: Power to authorise
92. This section gives the Secretary of State the power to authorise a “road vehicle” for use as an
automated vehicle, if the vehicle meets the self-driving test and any initial authorisation
requirements are met. “Road vehicle” is defined in section 94 of the Act as a mechanically
propelled vehicle intended or adapted for use on roads.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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93. Subsection (2) specifies that an authorisation may apply to a single identified vehicle, a
number of identified vehicles, or a vehicle ‘type’. Vehicle type is a way of grouping and
identifying vehicles by feature or features designed to enable self-driving.
94. Subsection (3) requires that any description of a ‘type’ of vehicle must describe the vehicles in
such a way that the self-driving test and any authorisation requirements apply equally to an
individual vehicle of that type.
95. The ability to authorise a single vehicle, or to authorise a number of vehicles by ‘type’,
provides flexibility to deal appropriately with a range of vehicles and technologies, and to
apply appropriate requirements. For example, an automated vehicle of bespoke design for a
niche market may require individual authorisation and vehicle-specific requirements. A mass
market automated vehicle design, produced in large numbers where all vehicles are equipped
with the same self-driving features could be authorised as a ‘type’.

Section 4: Authorised automation features
96. The self-driving test will consider vehicle ‘features’ designed to enable self-driving. A ‘feature’
in this context is a system that operates in a specific set of circumstances which must be
specified as part of the authorisation application. For example, a self-driving parking feature
or a self-driving motorway chauffeur feature. A vehicle may have more than one self-driving
‘feature’. For example, it may be able to drive itself on motorways using a particular
combination of equipment, and in car parks using a different combination of equipment.
97. Section 4 (1) requires the Secretary of State to identify the feature or features that meet the selfdriving test. More than one feature may be identified if the features are distinct (subsection
(2)). Subsection (3) details what the feature identification should include.
98. Subsection (3)(a) clarifies that a ‘mode of operation’ is either as a ‘user-in-charge’ (UiC) feature
or a ‘no-user-in-charge’ NUiC feature. A UiC feature is one that can drive itself for only part
of a journey and therefore requires an individual to be a driver for the remainder of the
journey, for example a motorway chauffeur system. A NUiC feature is one that can drive itself
for an entire journey and does not require an individual to be capable of taking control, for
example a self-driving airport shuttle bus.
99. The distinction between UiC and NUiC features set out in subsection (3)(a) will determine the
safety requirements for each. For example, a UiC feature can issue transition demands to
ensure safe transition of control from the vehicle to a driver (see section 7). A NUiC feature
will require a licensed operator (a no-user-in-charge operator or NUiC operator – see Chapter
2) to ensure the safe operation of the vehicle. For example, taking responsibility for insurance.
100. The description of the locations and circumstances under which a vehicle is authorised to
drive itself will ensure that users of a vehicle understand where and when it can safely be
used (subsection (4)) and supports the determination of responsibility for a vehicle’s driving
behaviour. The locations specified could include places that are not roads for example car
park areas that are not defined as roads, but in line with section 3(1)(a) the feature must be
intended for use on roads in at least some circumstances in order to limit the scope of
authorisation powers. Subsection (5) requires that the description of how a feature is engaged
and disengaged must ensure that, where more than one feature is authorised, it is possible to
identify which feature, if any, is engaged at any given moment. Section 44(5) sets out that any
question on interpretation about whether a feature is engaged or disengaged will be
determined by the authorisation description required by this section.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Section 5: Authorisation requirements and conditions
101. Authorisation is the process by which the Secretary of State authorises a self-driving vehicle
for use in specified operating domains if the vehicle satisfies the self-driving test and if other
relevant authorisation requirements have been met (see section 3 Power to authorise). Each
vehicle must have an ASDE (which is legally responsible for the way an authorised automated
vehicle drives) and must meet other regulatory obligations.
102. This section gives the Secretary of State the power to establish ‘authorisation requirements’
through regulations. Subsection (1) further sets out two types of authorisation requirement:
a.

Initial authorisation requirements – which must be met before a vehicle can be
authorised, and

b.

On-going authorisation requirements – which must be met on an ongoing basis in
order for a vehicle to remain authorised.

103. Subsection (2) explains that ongoing authorisation requirements may include a requirement to
comply with ‘authorisation conditions’, which are conditions that the Secretary of State may
attach to an individual authorisation. Subsection (3) clarifies that authorisation conditions set
by the Secretary of State can include anything that could have been in an authorisation
requirement made by regulations.
104. Subsection (4) sets out the inter-relationship between authorisation requirements and
authorisation conditions. Both requirements and conditions are enforceable in the same way
under Part 1 of the Act.
105. Although authorisation requirements are made by regulation, the regulator has the power to
set additional authorisation conditions according to the use case and deployment type.
Authorisation conditions are specific to an individual authorisation – which means an
individual vehicle, group of vehicles or type of vehicle (see section 3 Power to authorise). This
allows authorisation requirements and conditions to be tailored – for example, to specific
vehicle features and/or specific deployment locations. This enables a flexible approach to the
regulation as this technology develops.

Section 6: Authorised self-driving entities
106. The ASDE is the legal entity responsible for ensuring an authorised automated vehicle
continues to meet the self-driving test, and for meeting other regulatory requirements set out
in the authorisation requirements and conditions, which include obligations to provide
information to the Secretary of State in their regulatory capacity and ensuring that the ASDE
is a suitable organisation with sufficient financial standing and of good repute.
107. Subsection (1) requires the Secretary of State to impose authorisation requirements to ensure
that every authorised vehicle with self-driving features has an ASDE at all times. Subsection
(2) states that authorisation requirements may include requirements that must be met by the
ASDE, for example they could include a requirement for the feature to be able to continue to
operate legally even if traffic laws change.
108. Subsections (3) and (4) require the Secretary of State to impose requirements which aim to
ensure that an ASDE is responsible for the vehicle continuing to meet the self-driving test.
Requirements must also be imposed which aim to ensure that an ASDE is of good repute,
good financial standing, and is competent. Subsection (5) is self-explanatory.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Section 7: Transition demands
109. A self-driving vehicle that can only drive itself for part of a journey will need an individual to
drive the vehicle for the remainder of the journey. In these circumstances, the driver becomes
a ‘user-in-charge’ when the vehicle is driving itself (see section 46 (Meaning of “user-incharge")). When a vehicle that is driving itself needs to transfer control back to a user-incharge it must do so safely and must issue a ‘transition demand’, which is a time-bound
request for the user-in-charge to take control of the vehicle.
110. Section 7 requires the Secretary of State to impose authorisation requirements on any vehicle
that issues a transition demand in order to ensure that the transition demand is safe.
Subsection (2) describes a transition demand and the ‘the transition period’, which is the time
within which a user-in-charge should retake control of the vehicle. Subsection (3) is selfexplanatory.
111. Further provisions in respect of the immunity granted to a user-in-charge are made in sections
46 to 52. The user-in-charge does not have immunity from an offence if the act constituting
the offence takes place after a transition demand has been issued in accordance with
authorisation requirements, and the transition period has ended (see further section 48
(Exceptions from immunity), and in particular section 48(1)). Section 7(3)(d) requires the
Secretary of State to impose authorisation requirements ensuring that the vehicle makes a
communication at the end of the transition period, alerting the user-in-charge that the period
is ending. This will alert the user-in-charge when the immunity is about to cease.

Section 8: Power to vary, suspend or withdraw
112. This section provides the Secretary of State with powers to vary, suspend, or withdraw an
authorisation. These powers may be exercised with the agreement of the ASDE (subsection
(1)), and it is anticipated that this will be the usual course of events, subject to certain
exceptions. The powers may also be exercised without the agreement of the self-driving
entity, under specified circumstances where a unilateral ground for variation, suspension or
withdrawal is satisfied (subsection (2)). These unilateral grounds are: where an authorisation
requirement has not been met; where a vehicle has committed a traffic infraction; or where a
vehicle no longer meets the self-driving test (subsection (4)). The Secretary of State may also
suspend or temporarily vary authorisation where it is suspected that a unilateral ground has
arisen and an inquiry is needed to determine if it has (subsection 3). The powers under
subsections (2) and (3) are subject to procedural notification requirements set out in Part 1 of
Schedule 1 to the Act, except in cases where urgency requires an immediate variation,
suspension or withdrawal, in which case other procedural requirements apply (subsection 7).
Subsections (5) and (6) are self-explanatory.
113. A variation might be used to amend authorisation conditions, for example extending the
locations where a self-driving feature has been authorised under section 4(3)(c) to be used.
Suspension might be used in the event of a serious incident and might apply for a fixed or
indefinite period of time – for example until investigations concluded whether continued
operation of the vehicles was safe. Suspension might also be used where an ASDE is no longer
fit and proper, for example they no longer satisfy the financial standing requirement, and
might apply until the breach of the relevant requirement has been remedied. Note that a
vehicle with a user-in-charge feature (i.e. a vehicle which can also be driven conventionally),
and for which authorisation is suspended, could still be driven as a conventional vehicle by a
human driver. Withdrawal of authorisation may be appropriate where, for example, a vehicle
has been decommissioned.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Section 9: Further provision about variation, suspension and withdrawal
114. Section 9 sets out further provisions which apply both to the variation, suspension and
withdrawal of authorisation and to the conditions attached to an authorisation, which may be
varied, added to or omitted (subsection (1)).
115. Subsections (2) and (3) set out that a variation may be temporary or permanent, and that any
variation must be within the boundaries of authorisation – i.e., the original authorisation
could have been granted with the requirements as varied.
116. Subsection (4) is self-explanatory.
117. Subsection (5) sets out that when an authorisation is suspended, any vehicle to which the
authorisation applied cannot be marketed as an automated vehicle (see sections 78-79 under
Part 4 ‘Marketing restrictions’). It also sets out that there cannot be a ‘user-in-charge' of a
vehicle for which authorisation has been suspended (see section 46, ‘Meaning of “user-incharge”’), and further, that a NUiC feature can no longer be considered as authorised for
purposes of the offence under new section 34B (see section 53, ‘Use of vehicle without driver
or licensed oversight’). A vehicle for which authorisation has been suspended can only be
driven as a conventional vehicle; the human driver is therefore responsible for the vehicle at
all times and any immunity that applies to a user-in-charge does not apply. Under these
circumstances the driver must understand that their responsibilities with respect to the
behaviour of the vehicle have resumed. This is considered in subsection (8) (see below).
118. Subsection (6) sets out that a ‘relevant authorisation measure’ takes effect from the moment
the notice is issued to the ASDE or at a time specified within the notice itself. Subsection (7)
clarifies that a ‘relevant authorisation measure’ is: the variation, suspension or withdrawal of
an authorisation; a reversal of a variation; the lifting of a suspension; or restoration of a
withdrawn authorisation.
119. Subsection (8) requires the Secretary of State to ensure that authorisation requirements are
designed in such a way that, in the event of variation, suspension or withdrawal, they reduce
the likelihood of an individual unwittingly doing anything that is no longer in scope of
authorisation. For example, to reduce the chance of an individual using a self-driving feature
when it is no longer legal to do so a feature might be deactivated remotely.

Section 10: Register of authorisations
120. Section 10 requires the Secretary of State to keep a public register of authorisations (subsection
1). An authorisation will only take effect when it is entered in the register (subsection 2).
121. The register will record the ASDE for each authorised self-driving vehicle (section 10(3)).
Section 10 (4) requires the Secretary of State to update the register to accurately reflect any
relevant authorisation measure, which means any variation, suspension or withdrawal of
authorisation, or reversal of a variation, lifting of a suspension or restoration of an
authorisation.

Section 11: Regulations about authorisation procedure
122. Section 11 gives the Secretary of State the power to make regulations about the procedure for
granting an authorisation, as well as for varying, suspending or withdrawing an authorisation
where this is done with the agreement of the ASDE. The regulations may cover: the form and
content of an application, the fees payable for an application for authorisation, the
examination of vehicles, the notification of decisions, and appeals against decisions.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Chapter 2: Licensing of operators for vehicle use without user-incharge
Section 12: Power to establish operator licensing scheme
123. Subsection (1) provides power to the Secretary of State to make regulations to establish a
licensing scheme for operators of no-user-in-charge (NUiC) vehicles (vehicles which only
carry passengers or freight and do not need to have a driver or a user-in-charge). It enables
the Secretary of State to place requirements on operators of NUiC vehicles, and to keep a
register of operators.
124. Subsection (2) sets out the definition of a no-use-in-charge journey. Subsection (3) sets out that
a NUiC journey is regarded as being ‘overseen’ by a licensed operator if the operator is subject
to a requirement to do so under licensing conditions.
125. Subsections (4) and (5) require the Secretary of State to impose requirements which aim to
ensure that a licensed NUiC operator should have general responsibility for detecting and
resolving issues during a no-use-in-charge journey overseen by the operator. Requirements
must also be imposed which aim to ensure that a licensed NUiC operator is of good repute,
good financial standing, and is competent.

Section 13: Further provision about operator licensing
126. Section 13 sets out further details in relation to operator licensing regulations. Regulations
may be made in relation to the granting, variation, renewal, expiry, suspension or withdrawal
of a license (subsection (2)). Regulations may also cover the detailed requirements for a license
application as well as for: the fees for application or renewal of licenses; the notification of
decisions; and appeals against decisions (subsection (3)). Regulations may also include
conditions that a licensed operator must comply with (subsection (4)).
127. Section 13(3)(e) enables the Secretary of State to confer operator licensing functions on the
Traffic Commissioners. Traffic Commissioners have responsibility for the licensing and
regulation of those who operate conventional heavy goods vehicles, buses and coaches, and
the registration of local bus services. They are appointed by the Secretary of State and operate
at arm’s length from the Department for Transport as independent regulators. The provision
in this section is intended to give the Secretary of State the flexibility to align the regulation of
licensed operators of authorised automated vehicles with that of conventional vehicles,
should this be considered appropriate. Additionally, paragraph 8 of Schedule 1 enables the
Secretary of State to transfer the power to impose civil sanctions to the Traffic Commissioners.

Chapter 3: Provision of information by regulated bodies
Section 14: Collecting and sharing of information
128. The safety assurance and regulation of self-driving vehicles relies heavily on information
provided by regulated bodies. Sections 5 and 12 give the Secretary of State powers to set – by
regulations – authorisation and operator licensing requirements respectively.
129. This section clarifies that the requirements for authorisation and operator licensing may
include the collection and sharing of information by an authorised self-driving entity (ASDE)
and no-user-in-charge (NUiC) operator respectively (subsections (1) and (2)).

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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130. Subsection (3) allows requirements to cover sharing of information with the Secretary of State,
other public authorities or private businesses. For example, an ASDE may be required to share
information with insurers to enable insurance claims to be properly resolved. Subsection (4)
states that an information-sharing requirement must specify the purpose for which
information is being shared. This is to restrict improper sharing or use of data for purposes
other than those intended.

Section 15: Nomination of individuals
131. Section 15 provides for the identification of a nominated individual by an ASDE and a
licensed operator, to be responsible for the information provided to the Secretary of State.
Section 15(3)(a) requires that a nominated individual must consent to the nomination. Section
15(3)(b) requires any regulations relating to an ASDE or licensed operator’s nominated
individual must also consider the circumstances under which an individual would cease to be
nominated, for example if the individual moves to a different organisation. This is to ensure
that a nominated individual is not held unfairly responsible for information over which they
had no responsibility.
132. The nominated individual will share criminal liability for offences committed by the regulated
body relating to the provision of information but with a defence that they took all reasonable
precautions and exercised due diligence (see sections 24 to 26).

Section 16: Purpose for which notices may be given
133. Section 16 sets out the regulatory purposes for which the Secretary of State may request
information by way of a notice (an “information notice” or “interview notice” see sections 17
and 18).
134. A notice may be issued for “investigative purposes”, which means information is requested in
order to investigate compliance with regulatory requirements. The “investigative purposes”
are divided into domestic purposes and international purposes.
135. Domestic purposes include requesting information from an ASDE or licensed operator in
order to: assess whether they have met the regulatory requirements placed on them; to
investigate a traffic infraction by a vehicle for which they are responsible; to assess whether a
vehicle still meets the self-driving test; and to investigate suspected offences. These offences
include providing false information, or withholding information, that is relevant to vehicle
safety.
136. International purposes include requesting information in order to share it with authorities in
another country who perform similar regulatory functions in respect of automated vehicles.
Information notices may be issued upon the request of an overseas authority where the
information is likely to assist the overseas authority in performing their regulatory duties in
relation to the ASDE or licensed operator. The sharing of information with an overseas
authority is subject to restrictions to prevent them using the information for any purpose
other than the purpose for which it is shared or from sharing it further without the consent of
the Secretary of State (section 22(3)).

Section 17: Power to issue information notice
137. Subsection (1) of section 17 gives the Secretary of State the power to issue information notices
to a regulated body (ASDE or licensed operator) if it is considered appropriate for any
investigative purposes (as described in section 16). Subsections (2) and (3) are selfexplanatory.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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138. Subsection (4) provides further information on the form and manner of the information. For
example, it specifies the information notice can require information in various forms, or
require the attendance of an individual at a particular time or place to provide the
information. For example, if information is currently held in an extremely large database, the
information notice could request a summary document.
139. Subsection (5) requires the information notice to explain the meaning of compliance regarding
the attendance of individuals (section 19(5)) and the consequences on non-compliance with
the notice which could include both fines and imprisonment of individuals (as per section 20
Offences of non-compliance).

Section 18: Power to issue interview notice
140. This section provides the Secretary of State with the power to issue an interview notice to a
regulated body (ASDE or licensed operator) if it is appropriate to do so for any investigative
purpose (as described in section 16). The section explains that an interview notice is one which
requires the regulated body to ensure that an individual attends at a particular place and time
to answer questions. The interview notice must indicate the intended subject matter of the
interview. It also requires the interview notice to explain the meaning of compliance
regarding the attendance of individuals (section 19(5)) and the consequences on noncompliance with the notice which could include both fines and imprisonment of individuals
(as per section 20 Offences of non-compliance).

Section 19: Notices requiring individual attendance
141. This section sets out that when an information or interview notice has been issued requiring
the presence of an individual, that the notice can either request a particular individual or
request a class of individuals. The identified individuals must be carrying out or have carried
out paid work for the regulated body in question, but do not need to have any further
connection to the United Kingdom (subsections (3) and (4)). Subsection (5) defines what
compliance with the notice looks like in terms of reasonable steps taken to achieve the
attendance of individuals and to ensure they are able to answer expected questions. This is to
avoid an ASDE or licensed operator being prosecuted for non-compliance due to
circumstances beyond their control. Subsection (6) allows for attendance of individuals to be
by electronic means such as an online meeting.

Section 20: Offences of non-compliance
142. Subsection (1) sets out that it is an offence for a regulated body (an ASDE or licensed operator)
to fail to provide the information requested in an information notice, provide information that
is false or misleading or fail to comply with an interview notice. Subsection (2) is selfexplanatory.
143. Subsection (3) relates to individuals rather than regulated bodies. It sets out that where an
individual is identified in an information notice and has been made aware of the contents of
the notice, that individual commits an offence if, without a reasonable excuse, they fail to:
attend at the time and place specified in the notice; provide the information required by the
notice; or if they provide false or misleading information. Subsection (4) describes a similar
offence for individuals named in an interview notice.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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144. Subsection (5) sets out that a person commits an offence if they destroy, suppress or alter the
requested information with the intention of preventing accurate information being provided
to the Secretary of State. This also applies if the person causes or permits the destruction,
suppression or alteration of information. For the purposes of this section, a 'person’ can be an
organisation (ASDE or licensed operator) or a natural person.
145. Subsection (6) clarifies that the reference to information required by an information notice can
include anything that the information is recorded on. The subsection also sets out that it is an
offence to destroy anything that is needed for the information to be made legible. For
example, equipment that may be needed to ‘translate’ computer coding into an
understandable format.
146. Subsection (7) sets out the penalty a person is liable for if they are found to have committed an
offence set out in this section. A person can be an organisation (ASDE or licensed operator) or
a natural person.

Section 21: Enforcement by court
147. This section is self-explanatory.

Section 22: Use of information obtained
148. This section sets out the parameters within which the information obtained through an
information or an interview notice can be used. Subsections (2) and (3) are self-explanatory.
149. Subsection (4) allows the Secretary of State to also use information to fulfil the general
monitoring duty set out in section 38, including the assessment of whether the general
performance of self-driving vehicles is consistent with the statement of safety principles
described in section (2).
150. Subsections (5) and (6) prohibits the information provided in a statement in response to an
information or interview notice from being used by, or on behalf of, the prosecution as
evidence in criminal proceedings against the person who supplied the information.
Subsection (7) provides exceptions to this prohibition. These exceptions relate to offences such
as providing false or misleading information (section 24), or offences relating to false
statements under other legislation such as the Perjury Act 1911. Subsection (8) is selfexplanatory.

Section 23: Supplementary provision
151. Subsection (1) is self-explanatory.
152. Subsection (2) sets out that under sections 16 to 23 (which relate to information or interview
notices) any entity who is no longer an ASDE or licensed operator will still be treated as one,
and be required to comply with information notices and interview notices in relation to
anything that occurred, and will be held responsible for their actions, for the time during the
time in which they were an ASDE or licensed operator. For example, if an authorisation was
suspended or withdrawn the ASDE would still be required to comply with information or
interview notices.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Section 24: False or withheld information relevant to vehicle safety
153. Subsections (1) to (4) create offences in relation to the supply of regulatory information that is
likely to have safety implications for automated vehicles. They are broken down into offences
of supplying false or misleading information (whether voluntarily or in response to a
requirement), omitting to supply information that is required, and intentional destruction,
alteration or suppression. The first two may be committed only by a current or aspiring ASDE
or licensed operator, whereas the third can be committed by anyone.
154. Subsection (5) clarifies that the reference to information can include anything that the
information is recorded on. The subsection also explains that it is an offence to destroy
anything that is needed for the information to be made legible. For example, equipment that
may be needed to ‘translate’ computer coding into an understandable format.
155. Subsection (6) explains that information is considered relevant to the safety of an automated
vehicle’s operation (as set out in section 24) if it would affect a reasonable person’s assessment
of how safely a vehicle would travel.
156. Subsection (7) supplies a defence of due diligence.
157. Subsection (8) sets out what penalties a person is liable for if they are found to have
committed an offence set out in this section.

Section 25: Aggravated offence where death or serious injury occurs
158. Section 25 provides for an aggravated offence where false or withheld information would
have disclosed a “heightened risk” that a vehicle in which an authorised automation feature is
engaged would be involved in a specific kind of dangerous incident, and the vehicle with that
feature engaged has been involved in that kind of incident resulting in an individual being
killed or seriously injured. Further explanation of these is given in subsection (3).
159. Subsection (1) is an offence of a regulated body, the ASDE or licensed operator, and relates to
the provision of false or misleading information either voluntarily or in response to a
regulatory requirement or information notice. Subsection (2) relates to any person (which
could be a regulated body or any natural person) who destroys, suppresses or alters
information (or permits that to happen) with the intention of preventing provision of accurate
information in response to a requirement or notice.
160. Subsections (4) to (6) are self-explanatory.

Section 26: Liability of nominated individual
161. To ensure vehicle safety, the information provided to the Secretary of State must be accurate
and relevant information must not be withheld. Having a designated individual responsible
for disclosures to Government engenders a culture of accountability. This individual will need
to ensure that requirements for disclosure to government are complied with and section 15
makes provision for the identification of this individual.
162. This section sets out that, if an ASDE or licensed operator commits an offence in relation to the
provision of information (as set out in sections 20 and 24), the ‘nominated individual’ in place
at the time of the offence also commits the offence.
163. Subsection (2) clarifies that, for the purpose of the offence under subsection (1), a nominated
individual is the individual who stands as the nominated person of an ASDE under an
authorisation requirement or who stands as the nominated person of a licensed operator
under licensing regulations. This ensures that a nominated individual is not liable except to
the extent identified in the authorisation requirement or licensing regulations.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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164. Subsection (3) disapplies the due diligence defences set out in sections 20 and 24 because they
apply to regulated bodies (and not individuals). Instead, subsection (4) introduces a due
diligence defence for the nominated individual. It sets out that it is a defence for a nominated
individual charged with an offence if the individual can prove that they took all reasonable
precautions and exercised due diligence to avoid committing the offence.

Section 27: Liability of senior manager
165. Whilst the primary responsibility for compliance with obligations to disclose information rests
with the ‘nominated individual’, senior managers also have a role in engendering a culture of
accountability.
166. Subsection (1) sets out that a relevant senior manager will be guilty of a criminal offence
where the ASDE or licensed operator commits an offence and the manager consented or
connived to commit the offence. Subsections (2) to (4) provide expanded definitions and are
self-explanatory.

Chapter 4: Powers to investigate premises used by regulated
bodies
Section 28: Warrants for entry, search and seizure
167. This section enables the Secretary of State to obtain a warrant to enter the premises of an
authorised self-driving entity (ASDE) or licensed operator to obtain information that is
considered necessary for the Secretary of State’s investigative functions and which has not
been provided when requested by the Secretary of State, or there is reason to believe it will
not be provided when requested.
168. Subsection (1) of this section provides the power for a justice of the peace to grant a warrant to
the Secretary of State authorising the exercise of entry, search and seizure powers. A warrant
can only be granted for specific reasons and if certain conditions are met.
169. The conditions are set out in subsection (2). They are that: the premises subject to the warrant
are being used by the regulated body; it is appropriate to grant the warrant for investigative
purposes; and is it necessary to grant it for reasons set out in subsection (3).
170. The reasons to grant a warrant, as set out in subsection (3), are that an information or
interview notice already issued has not been compiled with, or there is a reason to believe that
if an information or interview notice were to be issued, it would not be complied with. A
further reason is if an information or interview notice which requires individual attendance at
interview has been issued, but does not obtain the information sought. The final reason is if
the information need is too urgent to wait for an information or interview notice to be issued,
for example in the event of a serious collision.
171. Subsection (4) places a condition on the justice of the peace that they can only be satisfied that
the conditions in subsection (2) have been met based on evidence given on oath by or on
behalf of the Secretary of State. Subsection (5) states that a reference to a justice of the peace
includes a sheriff in Scotland.
172. Subsection (6) clarifies that any person who is no longer an ASDE or a licensed operator is still
considered as one if the warrant relates to a time period when the person was a self-driving
entity or a licensed operator.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Section 29: Powers exercisable under warrant
173. This section specifies the powers that can be exercised under a warrant issued under section
28. Subsection (1) lists the powers, which include the powers to enter and search the premises,
and to examine, seize or record any documents, equipment or other items found on the
premises. The powers also require a person in the premises to provide information and
assistance in order to facilitate inspection, seizure or recording, and to allow better
understanding of the documents, equipment and other material. The powers also allow copies
of the documents to be made or assess information away from the premises to ensure that it
can be read in a legible form.
174. Subsection (2) states that a person exercising the powers under this section may only do so for
the purposes of investigating regulatory compliance. It also states that such a person may only
seize and remove something from the premises if a recording of it would be insufficient.
175. Subsection (3) explains that a warrant issued under section 28 is to be executed on behalf of
the Secretary of State by a person authorised to do so by the Secretary of State. Subsection (4)
provides the authorised person with the power to take other people, equipment and materials
onto the premises to help exercise the powers set out in this section. Subsection (5) provides
that any person accompanying the authorised person may exercise the same powers, under
the supervision of the authorised person.
176. Subsection (6) sets out that an authorised person exercising the powers under the warrant
may use reasonable force if necessary to enter, search, examine, seize and record in relation to
the premises and its contents. However, while an authorised person has the power (in
subsection (1)) to require a person on the premises to provide information or assistance, they
may not use force in the exercising of this power.
177. Subsection (7) restricts the use of the powers under the warrant to: a reasonable hour; only
within a period of one month beginning on the day the warrant was issued; and only one
occasion, unless specified in the warrant.
178. Subsection (8) sets conditions on the person executing the warrant under section 28, including
that they must be accompanied by a constable; give a copy of the warrant to any person
appearing to be in charge of the premises at the earliest opportunity; and provide proof of
identity on request by any person appearing to be in charge of the premises.
179. Subsection (9) requires the Secretary of State to arrange for publication of information on the
exercise of these powers.

Section 30: Offences of impeding execution of warrant
180. Subsection (1) sets out that an offence is committed if a person intentionally obstructs a person
in the exercise of the powers in section 29; fails to comply without reasonable excuse to
requirements made on them; or knowingly makes a statement that is false or misleading.
Subsection (2) sets out that a person who commits an offence under subsection (1) is liable to a
fine or imprisonment for a term not exceeding 2 years.

Section 31: Seizure of items
181. This section sets out the requirements of an authorised person exercising the powers in section
29 who seizes and removes a document or other item from the premises of a regulated body.
Subsection (2) requires the authorised person, on the request of a person in charge of the

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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premises, to give a receipt for the item that is seized and give a copy of any document that is
readily capable of being copied. Subsection (3) sets out that the seized item may be retained
for so long as is necessary.
182. Subsection (4) sets out that a person acting on behalf of the Secretary of State may examine
any item that has been seized and may use reasonable force if necessary to do so. They may
also record information from the item.
183. Subsection (5) gives the Secretary of State the power to make regulations setting out how to
deal with items that have been seized. Subsection (6) sets out that these regulations may allow
the retention or use of seized items for purposes other than regulatory purposes and may
allow the seized item to be given to someone other than the owner. The regulations may also
allow for the destruction of the seized item.

Section 32: Return of warrant
184. This section requires the person who executes a warrant under section 28 to return to the
Court from which it was issued. This needs to be done as soon as is reasonably possible and a
summary of the powers executed under section 29 must be provided to the court. The warrant
also needs to be returned to the court if it is not executed, with a statement that it was not
executed.

Section 33: Use of information obtained
185. This section is to ensure consistency in the use of information obtained by different legal
means. Subsection (1) sets out that any information obtained through the use of a warrant can
only be used for the same purposes for which the original information was requested (by way
of an information or interview notice).
186. Subsection (2) sets out that the provisions in section 22, which relate to the use of information
as evidence in criminal proceedings, also apply to any statement made by a person on a
premises that has been entered under warrant. They apply in the same way that they would
apply to the provision of information in response to an information or interview notice.

Chapter 5: Civil sanctions against regulated bodies
Section 34: Compliance notices
187. A compliance notice requires a regulated body (ASDE or licensed operator) to comply with
the requirements placed on it.
188. Subsection (1) gives the power to the Secretary of State to issue a compliance notice to a
regulated body if the Secretary of State is satisfied that a relevant requirement is not or has not
been met. Subsection (2) gives the power to the Secretary of State to issue a compliance notice
to an authorised self-driving entity (ASDE) if they are satisfied an automated vehicle has
committed a traffic infraction while the entity was responsible for it. Subsection (3) disapplies
subsection (2) if the commission of the traffic infraction was wholly caused by the failure of a
licensed operator to comply with a relevant requirement as a failure of that type already falls
within subsection (1).
189. Subsections (4) to (8) are self-explanatory.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Section 35: Redress notices
190. A redress notice requires a regulated body (ASDE or licensed operator) to rectify, mitigate or
compensate for any loss, damage, inconvenience or annoyance to road users as a result of an
ASDE or licensed operator not meeting the requirements placed on them.
191. Section 35 (1) gives the Secretary of State the power to issue a redress notice to a regulated
body if the Secretary of State is satisfied that a relevant requirement is not (or has not been)
met by a body and as a result users of roads in Great Britain have suffered loss, damage,
inconvenience or annoyance. Subsection (2) specifies that the Secretary of State may issue a
redress notice when an authorised automated vehicle has committed a traffic infraction which
resulted in users of roads in Great Britain suffering loss, damage, inconvenience or
annoyance. Subsection (3) disapplies subsection (2) if the Secretary of State is satisfied that the
traffic infraction was wholly committed by a licensed operator.
192. Subsections (4) and (5) explain that a redress notice is one which requires action to be taken by
the person to whom the notice is issued, and set out the actions that may be specified in a
notice. The actions include any actions that the Secretary of State considers appropriate in
order to rectify, mitigate or compensate for the loss, damage, inconvenience or annoyance that
has been suffered. Subsection (8) clarifies that taking action can also mean refrain from taking
action, for example ceasing to operate in a particular way.
193. Subsection (6) sets out what the redress notice must include: reasons for issuing the notice;
and specifying the time by which, or the period during which the actions must be taken.
194. Subsection (7) allows persons who are owed money by a regulated body as a result of a
redress notice to recover that money as a civil debt.
195. Subsection (9) clarifies the meaning of ‘users of roads’ in the context of this section.

Section 36: Monetary penalties
196. Section 36 provides the Secretary of State with the power to issue monetary penalties to a
regulated body if satisfied that, as set out in subsection (1), a relevant requirement is not (or
has not been) met by the body or the body has failed to comply with any information,
interview, compliance or redress notices.
197. Subsection (2) provides the Secretary of State with the power to issue a monetary penalty
notice to an ASDE if an authorised vehicle has committed a traffic infraction when the entity
was responsible for it. Subsection (3) disapplies subsection (2) if it appears that the traffic
infraction was wholly caused by a failure of the licensed operator to comply with relevant
requirements.
198. Subsection (4) clarifies that the monetary penalty notice requires a regulated body to pay a
monetary penalty of a sum specified in the notice. Subsections (5) and (6) allows for the
penalty notice to specify a daily sum to be paid if a failure is, or may be, a continuing one.
This would begin on the day after the notice is issued and end on the day the failure ends, or
earlier if specified in the notice.
199. Subsection (7) sets out what must be included in the penalty notice: an explanation for the
reason for issuing the notice; and the time by which and the manner in which the penalty
must be paid. Subsection (8) clarifies that if the monetary penalty is not paid in time, the
penalty carries interest. This subsection also gives the Secretary of State the power to recover
the penalty (with interest) as a civil debt.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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200. Subsection (9) provides the Secretary of State with the delegated power to set out in regulation
a maximum sum for a single penalty and an ongoing daily penalty. Subsection (10) allows the
regulations to determine the sum by reference to the turnover of the regulated body or other
entities, or undertakings that are connected with the regulated body.
201. Subsection (11) clarifies that the regulated body is not liable both to conviction of an offence
under section 24 (false or withheld information relevant to vehicle safety) or 25 (aggravated
offence where death or serious injury occurs) and to a monetary penalty under this section.
This is to ensure the regulated body is not penalised for the same offence twice.

Section 37: Supplementary provision
202. This section specifies the supplementary provisions that are made relating to the issuing of
compliance notices, redress notices or monetary penalties.
203. Subsections (1) and (3) are self-explanatory.
204. Subsection (2) sets out that the Secretary of State may cancel or vary a compliance notice,
redress notice, monetary penalty notice or costs notice by issuing a further notice. Any
variation must not make the notice more onerous.
205. Subsection (4) sets out that in sections 34 to 37 (which set out the civil sanctions) any entity
who is no longer an ASDE or licensed operator will still be treated as one, and be required to
comply with these civil sanctions in relation to anything that occurred, and will be held
responsible for their actions, for the time during the time in which they were an ASDE or
licensed operator.

Chapter 6: Other regulatory powers and duties
Section 38: General monitoring duty
206. This section places a requirement on the Secretary of State to ensure that the general
performance of authorised automated vehicles is monitored and assessed in a way that is
effective and proportionate, as opposed to the specific performance of individual vehicles.
This requirement requires an assessment of whether performance of the self-driving fleet is
consistent with the Statement of Safety Principles made under section 2.
207. Subsections 38 (3) and (4) require that the Secretary of State publishes a yearly report setting
out their conclusions from the monitoring and assessment of self-driving vehicle performance.

Section 39: Duty with respect to incidents with potential regulatory consequences
208. This section places a requirement on the Secretary of State to investigate where an authorised
automated vehicle is suspected to have been involved in an incident in respect of which
enforcement powers (sanctions) might be exercised. Subsections (2) and (3) provide clarification
of the meaning of certain terms used in section 39 relating to what incidents are considered as
“relevant” and what investigative and enforcement powers are referred to here.

Section 40: Power to require reports from police and local authorities
209. This section supports the duty in section 39 to investigate automated vehicle incidents that
may invoke regulatory consequences. It permits the Secretary of State to make regulations
requiring a chief officer of police and the other authorities specified in section 40(3) to report
relevant incidents (as defined in section 39) that occur within their police force or authority
area. The description of the types of incidents that the police or authority should report will
be set out in regulations.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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210. Subsection (4) states that regulations made under this section must be drafted with the
intention that only incidents with potential regulatory consequences will be reported. This
aims to restrict the reporting requirement to only those reports necessary for investigating the
need for regulatory sanctions and hence avoid an undue burden on police and the specified
authorities.
211. Subsections (5), (6) and (7) are self-explanatory.

Chapter 7: Supplementary provision
Section 41: Notices
212. This section places a requirement on the Secretary of State to ensure a postal address and
electronic address for the authorised self-driving entity (ASDE) and licensed operator are
available at all times for the purpose of issuing a notice. The section clarifies the meaning of an
electronic address. The section also sets out provisions to deem a notice to have been issued
and received if served by post or electronically at the given address.

Section 42: Protection of information
213. This section protects information obtained by a person (which may include insurers or other
private businesses) as a result of authorisation requirements, further to the Secretary of State’s
exercise of their investigative powers or further to regulations under section 40 (subsection
(1). Subsection 2 is self-explanatory, defining the term “the recipient”. Subsection (4) makes it
an offence for the recipient of such information to use it for purposes other than those for
which it was obtained; or disclose it to another person except as authorised by regulations
made by the Secretary of State under subsection (3).
214. Subsection (5) sets out defences to the unlawful disclosure offence including consent from the
person from whom the information was obtained, reasonable belief in the lawfulness of the
disclosure or that the information had already been lawfully disclosed.
215. Subsection (6) is self-explanatory.
216. Subsection (7) protects commercially sensitive information by providing a presumption that it
should be excluded from any disclosures authorised in this Part.

Section 43: Fees
217. This section relates to fees payable in relation to the authorisation procedure (see section 6 (5))
and in relation to the grant, retention or renewal of an operator license (see section
13(3)(b)(ii)). This section sets out that these fees may be determined by reference to costs
incurred, or likely to be incurred, by the Secretary of State or by traffic commissioners, when
undertaking functions under this Part of the Act, but must not duplicate costs already taken
into account in any other fee under this Part.
218. Subsection (3) requires money received by the traffic commissioners as result of operator
licensing regulations to be paid into the Consolidated Fund in such a manner as the Treasury
may direct.

Section 44: Interpretation
219. Subsection (1) clarifies the meaning of terms used in this Part of the Act. The clarifications are
self-explanatory.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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220. Subsection (2) sets out what it means for an authorised automated vehicle to ‘commit a traffic
infraction’. A traffic infraction is committed if the vehicle does anything that would – if it were
done by a human – amount to an offence or cause a person to become liable to a road traffic
penalty charge. Subsections (3) to (5) are self-explanatory.

Section 45: Related amendments
221. This section clarifies that Schedule 2 of the Act makes amendments to related legislation in
connection with Part 1 of the Act.

Part 2: Criminal liability for vehicle use
Chapter 1: Legal position of the user-in-charge
Section 46: Meaning of “user-in-charge”
222. This section sets out that references to an individual as a “user-in-charge” in Part 2 of this Act
mean that the vehicle is an authorised automated vehicle with an authorised user-in-charge
feature; that the feature is engaged and that the individual is in the vehicle, and is in a
position to exercise control of the vehicle, but is not controlling it. A driver becomes a user-incharge when they engage a user-in-charge feature.

Section 47: User-in-charge not liable for manner of driving
223. This section introduces an immunity from offences arising from how a vehicle drives itself for
the user-in-charge, or where the vehicle hands back control to the driver in a situation where
careful and competent driving could not have avoided an offence being committed. In
subsection (4), it also provides some examples to indicate which offences are and are not due
to how the vehicle is driven.
224. Where a vehicle has been authorised for use as self-driving, it has been deemed capable of
safely and lawfully driving itself without the need for human monitoring of the road
environment with a view to safety critical intervention. If the vehicle was authorised for use
with a user in charge (who must be within the vehicle and in a position to control it, hold a
valid driving license and remain in a fit state to drive), it is appropriate to ensure that the user
in charge is not held responsible for the behaviour of the vehicle when it is driving itself –
particularly as there are many strict liability offences relating to how the vehicle behaves on
the road.

Section 48: Exceptions from immunity
225. This section specifies situations where the user-in-charge immunity in section 47(1) does not
apply.
226. Subsection (1) explains that the user-in-charge immunity ceases to apply when the period for
responding to a valid transition demand issued by the vehicle expires. As defined in section
7(2), a transition demand is a demand for the user-in-charge to assume control of the vehicle
by the end of a period of time beginning with the communication of the demand. The vehicle
will issue a transition demand when situations arise which require human intervention, for
example when leaving the road type on which a self-driving feature may be engaged. The
consequence of the immunity ceasing at the end of the transition period is that the driver is
responsible for the outcome of not taking back control when properly requested to do so.
section 7(3)(d) ensures that the vehicle communicates to the driver when the transition period
has ended.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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227. Subsection (2) ensures, however, that the driver is not liable if the vehicle does not behave in
accordance with agreed authorisation requirements regarding how it will handle situations
where the user-in-charge does not take control within the transition period. The subsection
clarifies that the cessation of the immunity following a transition demand does not apply if
the act causing the offence is committed by the vehicle behaving unpredictably and in breach
of agreed authorisation requirements.
228. Subsection (3) provides that the immunity does not apply in relation to parking offences or
offences arising from the position where the vehicle is stopped or left stationary where the
user in charge has voluntarily left the vehicle. This clarifies that it is the user-in-charge’s
responsibility upon leaving the vehicle to ensure that it is parked or stopped lawfully.
229. Subsection (4) provides that the immunity does not apply in relation to offences arising from
the vehicle’s entering or remaining on a particular road or other area without a required toll
or charge being paid. This clarifies that the user-in-charge will need to verify whether the
route followed incurs any toll or charges.
230. Subsections (5) and (6) clarify that the immunity in section 47(1) does not apply to an offence
that has arisen when the vehicle is driving itself outside of an authorised location or
circumstance due to deliberate interference with vehicle equipment by the user-in-charge, or
another person where the user-in-charge knows of the interference. This is to prevent
tampering with vehicle equipment to enable use of the self-driving technology in
inappropriate and potentially unsafe circumstances.

Section 49: User-in-charge otherwise liable as driver
231. This section clarifies that for the purposes of any enactment (as defined in section 44(1)) the
user in charge is to be considered the driver of and driving the vehicle, although benefiting
from the immunity provided in section 47. It also clarifies that an individual continues to be
deemed a “driver” for the purposes of any enactment even if they move out of a position
where they can control the vehicle, and therefore cease to be a user-in-charge since the
conditions in section 46 are no longer met. Their status as a deemed driver continues until the
point at which someone else assumes the role of user in charge or the user-in-charge feature is
disengaged.

Section 50: Power to change or clarify existing traffic legislation
232. Sections 47 and 48 describe offences which are within and outside the scope of the user in
charge immunity. However, due to the number of traffic offences it is not possible to provide
an exhaustive list on the face of the Act and, in the absence of clarity in legislation it will be for
the courts to determine if specific offences not mentioned in these sections fall within the
immunity. Section 50 provides the Secretary of State the power to make amendments to traffic
legislation passed on or before the “relevant day” (“relevant enactments”) to change or clarify
how this legislation applies to a user in charge, to provide greater clarity on the
responsibilities of the user in charge and the ASDE. Subsection (2) clarifies the meaning of
“relevant enactment”. “Relevant day” is defined in section 52(5) as the final day of the session
that this Act is passed.

Section 51: Supplementary provision
233. This section makes supplementary provision in relation to sections 47 to 50.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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234. Subsection (1) establishes a presumption that an enactment passed or made after the Act is
passed is to be read as subject to sections 47 to 49, unless there is a clear intention to the
contrary. “Enactment” is defined in section 52(3) and includes subordinate legislation within
the meaning of the Interpretation Act 1978, section 21(1), and Welsh and Scottish primary and
subordinate legislation.
235. Subsections (2) and (3) set out how the burden of proof applies in criminal proceedings in
relation to sections 47(1) and 48(1) and (2). Subsection (2) provides that the person seeking to
rely on the user-in-charge immunity in section 47(1) bears the burden of proving that the
individual concerned was the user-in-charge at the relevant time, and that the exception in
section 48(1) regarding transition demands does not apply. Subsection (3) clarifies that a
person who seeks to rely on section 48(2) must adduce sufficient evidence to raise an issue, in
which case section 48(2) is then to be taken to apply unless the contrary is proved beyond
reasonable doubt.
236. Subsection (4) and (5) clarify that if an individual could not reasonably be expected to know of
any variation, suspension or withdrawal of the authorisation of the self-driving feature of a
vehicle and continues to use the vehicle as if the previous authorisation remains, then sections
47 to 49 and regulations under section 50 apply as if the variation, suspension or withdrawal
had not occurred.

Section 52: Interpretation
237. This section explains that certain definitions set out in section 44 in Part 1 also apply to this
Chapter of Part 2. It also clarifies the meaning of the “relevant day” mentioned in section 50
and that any conduct giving rise to liability to a penalty charge is to be regarded as amounting
to an offence.

Chapter 2: Offences
Section 53: Use of vehicle without driver or licensed oversight
238. This section adds two new sections before section 35 of the Road Traffic Act 1988. The first
inserted section 34B introduces an offence of using a vehicle without a person in control or
licensed oversight. If the vehicle has no authorised no-user-in-charge (NUiC) feature engaged
and/or if the journey is not overseen by a licensed no-user-in-charge operator (NUiC
operator), section 34B(1) makes it an offence for a person to use, or cause or permit another
person to use the vehicle on a road or in a public place without an individual exercising or in
a position to exercise control of the vehicle. The purpose is to ensure that there is a human or
corporate entity responsible for the operation of the vehicle at all times. Section 34B(3)
introduces a defence to this offence if the person could not reasonably have been expected to
know this was the situation.
239. The second inserted section, section 34C, introduces aggravated offences where a person
commits an offence under section 34B and the vehicle causes the death or serious injury of
another person.
240. These new offences prevent use of NUiC technology unless it has been authorised and is
overseen by a licensed operator. It also prevents use of an authorised user-in-charge feature
where the user-in-charge has moved out of a position to be able to exercise control of the
vehicle, for example by moving to an alternative seat.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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241. In the case of vehicles without authorised self-driving technologies and appropriate oversight,
a human driver is still required. That driver remains responsible for exercising proper control
of the vehicle and any feature could only be used as driver assistance technology.
242. Section 53(2) inserts the new offences into Part 1 of Schedule 2 of the Road Traffic Offenders
Act 1988.
243. Section 53(3) refers to amendments made in Schedule 3 applying existing legislation to the
provisions of this section.

Section 54: Dangerous use etc
244. Subsection (1) adds three new sections to the Road Traffic Act 1988. New section 3B provides
for the user-in-charge immunity created by Section 47 to apply to the offences in sections 1 to
3A of that Act. New section 3C creates an offence related to the use of automated vehicles in
dangerous state, and new section 3D an offence of causing death, or serious injury by use of
automated vehicles in a dangerous state.
245. Subsection (2) inserts a new section 22B into the Road Traffic Act 1988. New section 22B
provides that a person commits an offence where a person commits an offence under the Road
Traffic Act 1988 section 22A (relating to causing anything to be on or over a road or
interference with a vehicle or traffic equipment) that causes an authorised automated vehicle
to commit a traffic infraction and thereby kill or seriously injure someone. Subsection (3)
provides that new section 22B does not extend to Scotland. This is because, as noted by the
Law Commissions in their review, Scots law already covers aggravated conduct (general
common law offences of malicious mischief or culpable and reckless conduct and culpable
homicide).
246. Section 54(3) places these four new offences in Part 1 of Schedule 2 to the Road Traffic Act
1988 in the appropriate places.

Section 55: Amendment of tampering offence
247. The tampering offence in section 25 of the RTA 1988 previously only covered tampering with
the brake or other parts of the vehicle’s “mechanism” on a road or parking place provided by
a local authority. This offence is designed to prevent unlawful interference with vehicles.
Section 55 amends section 25 of the RTA 1988 so that the offence expressly includes tampering
with any equipment of the vehicle, including any software installed. This amendment is
intended to counter any malicious interference with a self-driving vehicle and does not
prevent legitimate modifications to a vehicle.

Section 56: Amendment of offence concerning fitting of unsuitable parts
248. Section 76 of the RTA 1988 contains offences relating to the fitting and supply of vehicle parts
where use of the vehicle, with the part fitted, on the road either contravenes construction and
use requirements or creates a danger of injury to any person. This amendment ensures the
offence also covers the installation of software, or otherwise making software interact with a
vehicle.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
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Part 3: Policing and investigation
Chapter 1: Stopping and seizure
Section 57: Application of stopping powers etc
249. This section clarifies that where a person would have power to direct a vehicle to stop that
person will be able to use an appropriate communication protocol to direct an authorised
automated vehicle to stop. If the vehicle does not stop in response to the communication
protocol it will commit a traffic infraction in the same way as a human who fails to observe a
signal. This section also expands on the meaning of an appropriate communication to make
that direction.

Section 58: Seizure and detention
250. The section provides authorised officers with the power to seize and detain automated
vehicles if they suspect that the vehicle has or is about to commit an offence relating to use of
a vehicle without a person in control or licensed oversight (as set out in section 53, section
34B), commit a traffic infraction or it is suspected that there isn’t an individual present who
can exercise control of the vehicle in locations where it is unsuitable for it to be driving itself.
The difference between 58(2)(a) and (c) being that (c) is a broad power that applies even if a
vehicle travelling without an individual exercising or in a position to exercise control is
overseen by a licensed no-user-in-charge operator (NUiC operator) but is suspected of
operating in a location where it is hazardous or unsuitable for a vehicle to travel without a
user-in-charge. An “authorised officer” is defined in subsection (8) as a constable or an
examiner appointed under section 66A of the Road Traffic Act 1988.
251. This section also permits a vehicle to be seized and detained to avoid risks, danger or
inconvenience to the public, enable enquiries to be made to identify the owner of the vehicle,
the authorised self-driving entity (ASDE) or the non-user-in-charge operator.
252. The seize and detain power may only be exercised once regulations are in force that cover
what happens to seized or detained vehicles. These will aim to avoid owners not knowing
what has happened to their vehicle and how to recover it; they will also aim to ensure vehicles
are stored appropriately. This section is self-explanatory in explaining what may be contained
in these regulations.

Section 59: Interpretation
253. This section explains that the interpretations in Section 44 of the Act apply for the purpose of
Part 3, Chapter 2 of the Act on stopping and seizure, as they apply for Part 1 on the regulatory
scheme.

Chapter 2: Investigation of incidents by statutory inspectors
Section 60: The role of inspector
254. Subsection (1) requires the Secretary of State to appoint one or more persons to take the role of
an inspector to investigate incidents involving automated vehicles.
255. Subsection (2) makes provision regarding the status and position of inspectors. Paragraph (a)
provides that inspectors must be civil servants. Paragraph (b) provides that inspectors hold
their position on terms to be determined by the Secretary of State, for example in relation to
resignation and dismissal. Paragraph (c) provides that junior inspectors are to act under the
direction and control of more senior inspectors.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
34
34

256. Subsection (3) permits the Secretary of State to make regulations about how the functions of
an inspector are to be exercised, for example regarding their day-to-day duties including
administrative and management activities.

Section 61: Purpose of inspectors
257. Subsection (1) sets out the main purpose of the role of an inspector, which is to identify,
improve understanding of and reduce the risks of harm arising out of the use of authorised
automated vehicles on roads in Great Britain.
258. Subsection (2) states that it is not part of an inspector’s role to establish blame or liability on
the part of any person in relation to a particular incident. This is to ensure that an inspector
can, as far as possible, report factually and neutrally, and that any inference that an inspector
has attributed blame or liability is down to the reader. For example, a report should be able to
state that “the evidence is that the driver of Vehicle A did not apply the brakes until five
meters before the collision occurred”, without concern that someone will infer that the
inspector is attributing blame or liability, as the example sentence is entirely factual. In
developing the proposed functions and powers of the inspectors, the Government has been
guided by international standards.4 These standards set out that “the sole objective of the
investigation of an accident or incident shall be the prevention of accidents or incidents. It is
not the purpose of this activity to apportion blame or liability.” This independence of
investigation is an essential feature of existing safety investigation regimes in the UK and
internationally.
259. Subsection (3) provides that the functions of inspectors are to be exercised in view of that
purpose.

Section 62: General power to investigate certain incidents
260. Subsection (1) prescribes the kinds of incidents that the inspector has discretion to investigate.
These are described as ‘relevant incidents’ and are defined in subsection (2). This means that
an inspector should be able to investigate any incident involving an authorised automated
vehicle where there are safety concerns for the purpose of identifying, improving the
understanding of and reducing the risks of harm arising out of the use of automated vehicles
on Great Britain’s roads.
261. Subsection (2) defines a relevant incident. A relevant incident is an incident that occurs on a
road in Great Britain, arises out of the presence of an authorised automated vehicle on that
road, and causes, or has the potential to cause, damage to a person or property. Additionally,
the incident must not be of a kind that is specified in regulations made by the Secretary of
State. For example, regulations may exclude some incidents from the scope of investigations,
such as terrorist events or suicides. The investigatory power extends to automated vehicles
which had been previously authorised but were not authorised at the time of the incident, for
example because vehicle authorisation was withdrawn, and the automated vehicle was used
unlawfully, as per section 77.

4 Aircraft Accident and Incident Investigation:

https://elibrary.icao.int/reader/229733/&returnUrl%3DaHR0cHM6Ly9lbGlicmFyeS5pY2FvLmludC9leHBsb3JlO3NlYXJjaFRleH
Q9YW5uZXglMjAxMzttYWluU2VhcmNoPTE7dGhlbWVOYW1lPUJsdWUtVGhlbWU%3D?productType=eBook

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
35
35

262. Subsection (3) provides further coverage for relevant incidents that do not occur on roads but
would be defined as a relevant incident under subsection (2) if they did, or otherwise have the
potential to lead to an occurrence on the road. For example, if there was an incident that
occurred on a driveway or other form of private property that caused or had the potential to
cause injury to a person or damage to property.
263. Subsection (4) confirms that no part of section 63, 64, and 65 limits what an inspector may do
for the purposes of an investigation without relying on powers of coercion. For example, this
would allow for an inspector to enter a premises based solely on the consent of the relevant
person.

Section 63: Powers in respect of persons
264. Subsection (1) permits an inspector to require a person to provide assistance to them for the
purposes of an investigation, if they consider it necessary. Paragraph (a) provides that this
may include (but is not limited to) an inspector requiring a person to take positive action to
provide them with or allow them access to information, items, or material. For example, this
could include access to an automated vehicle and the associated data that has been collected
during the period around an incident of interest. Paragraph (b) provides that this may include
an inspector requiring a person to refrain from doing something, such as disturbing, altering
or moving anything specified by the inspector.
265. Subsection (2) permits the Secretary of State to make regulations that allow specific forms of
assistance to be outlined in regulations. This assistance in regulations may include attendance
at an interview, responding to written questions, or providing an inspector with a physical
item inside of the vehicle that stores data pertaining to the functions of the authorised
automated vehicle.

Section 64: Powers in respect of premises
266. Subsection (1) enables inspectors to exercise the powers set out in subsection (2) in respect of
any premises for the purposes of the investigation. For example, this will allow an inspector to
obtain access to any land, including roads, buildings, dwellings, and vehicles where it is
necessary for the purposes of an investigation.
267. Subsection (2) defines the powers which inspectors may exercise in relation to premises. These
include the power to enter and search the premises, examine any document equipment or
other item or material on the premises, which includes operating a computer or other device
to gain access to that information. Other powers include the power to seize and remove, or
record any document, equipment or other item or material, and the power to require any
person on the premises to provide information or assistance in furtherance of the above.
268. Subsection (3) restricts the power of an inspector to seize and remove evidence from a scene
when taking a photograph or copy is sufficient for achieving their investigative aims. For
example, an inspector should refrain from seizing any evidence unless necessary to achieve
their primary objectives or a technological solution is not sufficient.
269. Subsection (4) gives inspectors the authority to take other persons, equipment, and materials
with them for the purpose of assisting in the exercise of any of the powers set out in
subsection (2). For example, an inspector may wish to bring a technician along, and/or make
arrangements to bring relevant equipment to the premises, such as a laser scanner.

These Explanatory Notes refer to the Automated Vehicles Act 2024 which received Royal Assent on 20 May 2024
(c. 10).
36
36

270. Subsection (5) enables any persons taken onto the premises by an inspector can exercise the
powers contained in subsection (2), but only if they are in the company and under the
supervision of the inspector.
271. Subsection (6) provides that the inspector or person exercising the powers in subsection (2),
may use reasonable force (except in relation to persons) if it is necessary to do so, but only
where they are accompanied by a police constable. For example, this could include an
inspector using reasonable force to open a locked box or drawer inside premises the inspector
has entered.
272. Subsection (7) provides that the powers in subsection (2) may only be exercised in accordance
with a warrant issued by a justice of the peace, unless the inspector considers that the exercise
of the powers is urgent and that waiting to seek consent, or a warrant would undermine the
investigation.
273. Subsection (8) sets out the test to be applied by a justice of the peace for granting a warrant
under subsection (7). Paragraph (a) provides that a warrant may be granted only if the justice
of the peace is satisfied that it is necessary for the purposes of the investigation to exercise the
powers of entry as in subsection (2). Paragraph (b) provides that a warrant only authorises the
exercise of those powers at a reasonable hour, only within one month beginning with the day
on which the warrant is issued, and only on one occasion (unless the warrant specifies
otherwise). Paragraph (c) provides that a warrant may be granted subject to further
conditions or limitations.
274. Subsection (9) defines the obligations an inspector must meet when exercising powers of entry
in relation to premises. Paragraph (a) states that an inspector must produce to the person in
charge of the premises proof of identity and authority where requested. Paragraph (b) states
that if the entry is made under warrant, an inspector must give a copy of the warrant to any
person appearing to be in charge and 

[The evaluation harness truncated this reference: showing the first 120000 of 189947 characters.]
</reference>

<statements>
1. The law continues to hold the human driver criminally responsible for moving violations and fatal collisions resulting from system operation
2. United Kingdom: AEVA 2018 / AVA 2024 [7]
3. United Kingdom, Mandatory Event Data Recording: AVA 2024 Data Code & DSSAD: Logs control transitions, transition demands, and manual overrides [7].
4. The United Kingdom has established a comprehensive legislative structure for automated driving through the Automated and Electric Vehicles Act 2018 (AEVA) and the Automated Vehicles Act 2024 [7].
5. The statutory "self-driving test" authorizes a vehicle feature as self-driving only if it can travel safely and legally without requiring human monitoring or intervention, excluding standard Level 2 assistance systems that require continuous oversight [7].
6. Every authorized vehicle must be linked to an Authorized Self-Driving Entity (ASDE)—typically the vehicle manufacturer or software developer—which assumes legal and regulatory responsibility for the vehicle's driving behavior [7].
7. When an authorized automated feature is active, the human occupant in the driver's seat becomes a "User-in-Charge" (UiC) and receives statutory immunity from criminal traffic offenses arising from dynamic driving maneuvers, such as speeding or running red signals [7].
8. Criminal culpability reattaches only if the UiC fails to respond safely to a formal Transition Demand, or commits non-driving infractions like driving under the influence or failing to maintain insurance coverage [7].
</statements>

Begin the assessment now. Output only the JSON list, without any conversational text or explanations.