Comment: Autonomous vehicles are coming, is UK law ready?

The barriers to driverless cars are not just technical, it is the government that needs to remove the legislative barriers to operating autonomous vehicles on our public roads, says Jon West, senior associate, Reddie & Grose.

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Despite the predictions of politicians in years gone by, driverless cars are not yet roaming UK roads. However, the road blocks to seeing this come to reality are not only technological and the government will need to remove the legislative barriers to operating autonomous vehicles on our public roads.

For many years, highly trained drivers have been guiding cars kitted out with specialist sensors to gather data to inform and refine the Artificial Intelligence (AI) destined to provide the brain of autonomous vehicles (AVs). By analysing this sensor data, information can be gleaned about the road environment, the traffic flow and the behaviour of road users urban environments. Through this data, the AI brains can be trained to take over the driving responsibilities in a fully autonomous vehicle.

However, the AI is not the only thing that needs to be trained – drivers also need to be trained to understand the limits of these systems. Certification standards must be set so that AV models can be reliably mapped to the capability a driver can expect, and the legal framework should be adapted to accommodate the transfer of responsibility (and liability) away from the driver. For example, Rule 150 of The Highway Code currently states that the driver “MUST exercise proper control of [their] vehicle at all times”, which would not be the case when an AV is operating in a truly autonomous mode. Government consultations explored how these rules could be adapted in a clear manner so that all users understand what is expected of them in an AV, and it is reassuring that the UK government is paving the way for AVs to begin operating on UK streets.

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An initial step on the road of automation will be the introduction of Automated Lane Keeping Systems (ALKS), the first commercially available system designed to take over dynamic driving tasks from the driver to truly control the vehicle within the relevant operating conditions. The UK aims to be a global leader in the development and adoption of this AV technology and has pursued this in government consultations on which national updates are required for the adoption of ALKS.

Current iterations of these systems are directed to motorway usage, but in a single lane and with speeds limited to 37mph, rather than full motorway speeds. This use case is particularly directed to queueing and stop-start traffic on motorways, which can be some of the most energy inefficient parts of a journey. Accordingly, this speed limited technology is set to reduce vehicle emissions, prevent human error accidents and ease congestion.

The initial consultation concluded that driver awareness and education will to be key in the safe adoption of ALKS technology, with suggestions for the responsibility for this training being divided between the government and vehicle manufacturers. This will not only help some drivers to overcome their caution around the technology, but also help others to know the limits of these systems and prevent over-reliance through assumed competence. A key issue to be overcome appears to be the balance between the capabilities of the system through over-engineering, and the response timeframe within which the ‘driver’ can reasonably be expected to regain control of the vehicle, with the requisite situational awareness, following a transition demand (for example when the automated systems operational conditions have been exceeded).

The ALKS technology is designed to keep the vehicle in a given lane, with the driver required to regain control for any lane change manoeuvres etc., and thus many will disagree with the government’s labelling of this technology as autonomous. While drivers are intended to be able to perform non-driving activities during ALKS usage, they should be able to regain control of the vehicle (within 10 seconds according to current proposals) when requested through a transition demand. As such, ALKS technology can at least be considered as an enhanced driver assistance system that, with the appropriate driver understanding of capability, is a step in the right direction for autonomous driving.

The UK government estimates that AVs will be approved an on UK roads within the next year, and it will be exciting to see if 2023 is truly going to be the year that it happens.

Jon West, senior associate, Reddie & Grose