Automated Vehicles Act 2024 in Northern Ireland

In the Road Traffic Act 1988, before the italic heading before section 35 insert—

“Road vehicles used without human control

Using vehicle without driver or licensed oversight

34B

(1)

A person commits an offence if—

(a)

the person uses, or causes or permits another person to use, a road vehicle on a road or other public place,

(b)

at any time while the vehicle is so used—

(i)

the vehicle is mechanically propelled, and

(ii)

there is no individual who is exercising, or in position to exercise, control of the vehicle, and

(c)

subsection (2) does not apply.

(2)

This subsection applies if—

(a)

an authorised no-user-in-charge feature is engaged at all times when subsection (1)(b) is satisfied, and

(b)

the journey undertaken by the vehicle is overseen by a licensed no-user-in-charge operator.

(3)

It is a defence for a person accused of an offence under this section to prove that, at the time of the acts said to constitute the offence, the person did not know, and could not reasonably have been expected to know, that—

(a)

the facts were, or would be, as described in subsection (1)(b), or

(b)

the facts were not, or would not be, as described in subsection (2).

(4)

Subsection (1) does not apply to the use of a vehicle on a public place other than a road if the vehicle is designed primarily for a purpose other than—

(a)

the carriage of persons, or

(b)

the carriage of goods on roads.

(5)

Section 44 of the Automated Vehicles Act 2024 applies for the interpretation of this section as it applies for the interpretation of Part 1 of that Act.

(6)

In this section, “road vehicle” means a mechanically propelled vehicle intended or adapted for use on roads.

Causing death or serious injury by using vehicle without driver or licensed oversight

34C

(1)

A person commits an offence if—

(a)

the person commits an offence under section 34B, and

(b)

while being used in the way that constitutes the offence under section 34B, the vehicle causes the death of another person.

(2)

A person commits an offence if—

(a)

the person commits an offence under section 34B, and

(b)

while being used in the way that constitutes the offence under section 34B, the vehicle causes serous injury to another person.

(3)

In this section, “serious injury” has the meaning given by section 1A(2).”

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988, at the appropriate places insert—

“

RTA section 34B

Using a road vehicle without a driver or licensed oversight.

(a) Summarily. (b) On indictment.

(a) On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. (b) 2 years or a fine or both.

Discretionary.

Discretionary.

6

”;

“

RTA section 34C(1)	Causing death by using a road vehicle without a driver or licensed oversight.	On indictment.	Imprisonment for life.	Obligatory.	Obligatory.	3-11
34C(2)	Causing serious injury by using a road vehicle without a driver or licensed oversight.	(a) Summarily. (b) On indictment.	(a) On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. (b) 5 years or a fine or both.	Obligatory.	Obligatory.	3-11

”

Schedule 3 makes amendments in connection with the preceding provisions of this section.

After section 3A of the Road Traffic Act 1988 insert—

“Disapplication to user-in-charge of automated vehicle

3B

For the purposes of section 47 of the Automated Vehicles Act 2024 (user-in-charge of authorised automated vehicle not liable for manner of driving), any offence under the preceding sections is to be taken to be an offence arising from the way in which a vehicle is driven.

Offences by users-in-charge of automated vehicles

Use of automated vehicle in dangerous state

3C

(1)

A person commits an offence if—

(a)

the person is the user-in-charge of an authorised automated vehicle,

(b)

the vehicle is on a road or other public place, and

(c)

it would have been obvious to a competent and careful user of the vehicle, at the moment when the authorised user-in-charge feature in question was engaged, that the current state of the vehicle would make it dangerous to use it in the way in which it is being used.

(2)

Subsections (3) and (4) of section 2A apply, with the necessary adjustments, for the purposes of subsection (1) of this section as they apply for the purposes of subsection (2) of that section.

Causing death, or serious injury, by use of automated vehicle in dangerous state

3D

(1)

A person commits an offence if—

(a)

the person commits an offence under section 3C, and

(b)

the use of the vehicle in its dangerous state causes the death of another person.

(2)

A person commits an offence if—

(a)

the person commits an offence under section 3C, and

(b)

the use of the vehicle in its dangerous state causes serious injury to another person.

(3)

In this section, “serious injury” has the meaning given by section 1A(2).

(4)

The references in this section to the use of the vehicle in its dangerous state are to the use, and state, of the vehicle that give rise to the offence under section 3C.”

After section 22A of the Road Traffic Act 1988 insert—

“Causing danger to road-users resulting in automated vehicle killing or seriously injuring

22B

(1)

A person commits an offence if—

(a)

the person commits an offence under section 22A, and

(b)

the conduct constituting that offence causes an authorised automated vehicle to commit a traffic infraction, and

(c)

the commission of that traffic infraction causes the death of, or serious injury to, another person.

(2)

In this section, “serious injury” has the meaning given by section 1A(2).

(3)

This section does not extend to Scotland.”

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), at the appropriate places insert—

“

RTA section 3C

Use of automated vehicle in dangerous state.

(a) Summarily. (b) On indictment.

(a) On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. (b) 2 years or a fine or both.

Obligatory.

Obligatory.

3-11

”;

“

RTA section 3D(1)	Causing death by use of automated vehicle in dangerous state.	On indictment.	Imprisonment for life.	Obligatory.	Obligatory.	3-11
RTA section 3D(2)	Causing serious injury by use of automated vehicle in dangerous state.	(a) Summarily. (b) On indictment.	(a) On conviction in England and Wales: a period not exceeding the general limit in a magistrates’ court or a fine or both. On conviction in Scotland: 12 months or a fine not exceeding the statutory maximum or both. (b) 5 years or a fine or both.	Obligatory.	Obligatory.	3-11

”

“

RTA section 22B

Causing danger to road-users resulting in automated vehicle killing or seriously injuring.

On indictment.

14 years or a fine or both.

”

Schedule 3 makes amendments in connection with the preceding provisions of this section.

In sections 78 and 79—

• “end-user”, in relation to a vehicle, means a person who uses the vehicle on a road or other public place other than for commercial purposes to do with the development, manufacture or supply of the vehicle;

• “equipment” has the same meaning as in Part 1 (see section 44(1));

• “product” includes software.

For the purposes of those sections, a communication is to be taken to be directed at an end-user or potential end-user of a vehicle if it is directed at a class of persons likely to include such a person.

An offence under those sections can be committed anywhere in the world.

Schedule 5 makes provision about the enforcement of sections 78 and 79.

If section 78 or 79 comes into force before paragraph 5 of Schedule 2, it is to be read as if any reference to an authorised automated vehicle included a vehicle listed under section 1 of the Automated and Electric Vehicles Act 2018.

This section applies in relation to any provision for the disclosure, obtaining or use of information made by or under this Act.

The provision does not require or authorise any disclosure, obtaining or use of information that—

But the provision is to be taken into account in determining whether the disclosure, obtaining or use of information would contravene the data protection legislation.

The disclosure of information in accordance with the provision (as read subject to subsection (2)) does not breach—

The provision does not require or authorise the disclosure or obtaining of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings without the agreement of the person entitled to maintain that claim.

In the application of subsection (5) in Scotland, the reference to legal professional privilege is to be read as a reference to confidentiality of communications.

In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

The following provisions bind the Crown (but not so as to make the Crown itself, as opposed to persons in the service of the Crown, criminally liable)—

The following provisions apply to vehicles and persons in the public service of the Crown—

The Secretary of State may by regulations provide for Chapter 2 of Part 3 to bind the Crown in a manner described in the regulations.

This section applies to regulations under this Act (except those under section 99).

Before making regulations, the person proposing to make them must consult with such representative organisations as that person thinks fit.

Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument (and see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) in relation to regulations made by the Scottish Ministers).

Regulations may make—

The following regulations are subject to the affirmative procedure—

and all other regulations are subject to the negative procedure.

The effect of regulations being subject to the affirmative procedure is—

The effect of regulations being subject to the negative procedure is—

This Act extends to England and Wales and Scotland, except as provided below.

Sections 54(2) and 93 extend only to England and Wales.

An amendment made by Schedule 2 or 3 has the same extent as the provision amended (and sections 53(3) and 54(4) accordingly extend to England and Wales, Scotland and Northern Ireland).

Paragraph 2 of Schedule 5 extends to England and Wales, Scotland and Northern Ireland (and accordingly so does section 81(4)).

This Part extends to England and Wales, Scotland and Northern Ireland.

The preceding Parts come into force on a day appointed by regulations made by the Secretary of State.

Different days may be appointed for different purposes or areas.

This Part comes into force on the day on which this Act is passed.

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

The power to make regulations under subsection (4) includes power to make different provision for different purposes or areas.

Regulations under this section are to be made by statutory instrument.