GEORGE LELOUDAS -AUTOMATED VEHICLES -LECTURE 5 (2024)

Page 1: Introduction

  • Lecture Details:

    • Title: EB Lecture 5 - LATM01

    • Professor: George Leloudas

    • Email: g.leloudas@swansea.ac.uk

  • Topic: The (Future) Regulation of Automated Vehicles

  • Institution: Swansea University Prifysgol Abertawe

Automated and Electric Vehicles Act 2018 (AEVA 2018)

  • Overview:

    • Introduced in 2018, AEVA 2018 (part 1) was a pioneering piece of legislation worldwide focusing on automated vehicles (AVs).

    • Key Sections: ss 1 to 8 and Schedule.

    • Established a registry for AVs in the UK, later replaced by the Automated Vehicles Act 2024.

  • Insurance and Liability System:

    • Aims to streamline compensation for accidents involving AVs.

    • Currently unused; speculation on possible reasons.

Page 3: Rationale for AEVA 2018

  • Government’s Position in 2018:

    • Accidents involving AVs may occur due to vehicle failure rather than human error.

    • Extended compulsory motor vehicle insurance to cover AVs in automated mode.

    • Victims of AV-induced accidents, including passengers, protected under this insurance.

Page 4: Amendments in Automated Vehicles Act 2024

  • Section 1 of AEVA 2018:

    • Authority to maintain a list of vehicles designed for self-driving capability.

    • Listing criteria include the vehicle's lawful operation without human oversight in specific conditions.

    • The registration system was overshadowed by new provisions in the Automated Vehicles Act 2024.

Page 5: Self-Driving Test Concept (AVA 2024)

  • Definition:

    • Introduces a legal standard: "self-driving test" for vehicles capable of autonomous travel without human monitoring.

  • Technological Requirements:

    • Vehicles must be equipped with features allowing them to travel autonomously and safely.

    • Features include mechanical or electronic operations such as sensors and computer systems.

Page 6: Authorisation for Automated Vehicles

  • Powers of the Secretary of State under AVA:

    • Can authorize vehicles that pass the self-driving test.

  • Key Authorisation Aspects:

    • Authorisation can cover multiple self-driving features.

    • Specifies conditions under which vehicles can operate (e.g., locations, times).

    • Each vehicle must have a designated "authorised self-driving entity" (ASDE) responsible for regulation compliance.

Page 7: Liability Framework Changes

  • Insurer’s Role:

    • AEVA 2018 imposes strict liability on insurers for accidents caused by AVs.

  • Section 2(1):

    • Insurers held liable for damages caused by AVs in self-driving mode, assuming insurance coverage existed.

  • Exceptions:

    • Special provisions for vehicles without compulsory insurance (e.g., emergency vehicles).

Page 8: Compulsory Insurance Extensions

  • Insurance Scope:

    • Third-party liability insurance remains obligatory in the UK.

    • AEVA expands coverage to include injury to the "insured person" as well.

  • Non-Covered Items:

    • Damages to AV itself and property in the control of the insured person are excluded.

  • Handling Uninsured AV Situations:

    • Instances of injury or damage from uninsured AVs are criminal offenses.

Page 9: Exceptions to Strict Liability

  • Three defined exceptions where the insurer is not liable:

    1. Negligence in allowing AV to drive itself inappropriately.

    2. Neglecting to install critical software updates.

    3. Unauthorised software alterations leading to accidents.

Page 10: Compensation & Responsibility

  • Quick Compensation:

    • AEVA mandates timely compensation but doesn’t assign direct accident responsibility.

  • Insurer's Recourse:

    • After settling claims, insurers can pursue claims against other parties (e.g., manufacturers) for recovery.

Page 11: Contributory Negligence Principles

  • Section 3(1) of AEVA addresses liability reductions based on the claimant's possible fault.

  • Law Reform (Contributory Negligence) Act 1945:

    • Establishes guidelines on how personal responsibility affects damages awarded.

Page 12: AEVA's Handling of Complex Cases

  • Legal Framework Complexity:

    • Provisions under AEVA complicate liability issues for self-driving vehicles.

  • Court Decisions:

    • Expected to interpret causation principles in negligence cases involving AVs on a case-by-case basis.

Page 13: Causation Concerns in Liability

  • Causation Requirement:

    • Liability under AEVA necessitates that accidents arise from the AV's operation.

  • Debates on Fault:

    • Discussion exists surrounding whether causation includes elements of fault, particularly in external circumstances affecting AV decisions.

Page 14: Claims Process under AEVA

  • Initial Payments:

    • Insurers cover death/personal injury claims and certain property damage.

  • Subsequent Claims:

    • Insurers decide on pursuing manufacturers or suppliers for reimbursement based on the specifics of the incident.

Page 15: Identified Issues with AEVA

  • Key Concerns:

    1. Legal Responsibility: Difficulty in determining liability beyond the insurer in AV accidents.

    2. Definition Flexibility: UK regulation choices differ from established SAE International definitions.

    3. Conceptual Issues: Challenges in applying traditional causation concepts to AV accidents.

Page 16: Future Predictions for Insurance Practices

  • Market Impact:

    • Anticipated contraction of motor insurance market by 21% by 2040 due to AV integration.

  • Potential Changes:

    • Shift in manufacturer roles in insurance provision due to reduced accident prevalence.

Page 17: Conclusion & Future of AEVA

  • Current Status:

    • The Law Commission suggests AEVA remains effective with no amendments needed beyond the 2024 updates.

  • Key Considerations:

    • Evaluating AV autonomy levels covered by AEVA.

    • Assessing the impacts of the newly established registry on the insurance landscape.