The Automated Vehicles Act 2024 (AV Act) received Royal Assent on 20th May 2024, paving the way for future laws allowing the use of fully automated vehicles on British roads.


The AV Act provides the framework to enable the use of advanced vehicle technology, with the Government expecting that self-driving vehicles could be permitted on public roads from 2026, improving both road safety and the economy.


The Act provides a framework of general requirements, as such, it is expected that the Secretary of State will introduce additional regulations over the next couple of years to establish specific requirements for:

  • authorising the use of automated features; and
  • licencing the operation of automated vehicles.

The Act is extensive, considering both occupied and unoccupied vehicles, as well as the use of automated vehicles for passenger services, introducing terms such as:

  • ‘user-in-charge’ referring to a person in a vehicle driving in an automated mode, who has the power to control it manually; and
  • ‘licenced no-user-in-charge operator’ referring to a person licensed to oversee journeys completed by automated vehicles.

Improving road safety is a huge part of the rationale behind the use of automated vehicles. Government data reveals that there were over 330,000 road traffic accidents on British roads in 2022, resulting in 1711 fatalities and over 135,000 casualties.


The Occupational Road Safety Alliance estimates that 94% of road traffic accidents are caused by human error, so the use of technology to minimise human error could significantly reduce the level of harm posed by vehicles.


The use of automated features under the AC Act will only be authorised where they are tested, and approved, as meeting safety requirements and perform to a level equivalent to that of a careful and competent driver.


Vehicles form an integral part of the British economy, it’s estimated that there are over 41 million licensed vehicles on roads across the UK, of which 5 million are commercial vehicles. Factoring in the millions of people that also use their own vehicles to commute, or as work vehicles (grey fleet), in addition to the use of public road transport and taxis, the impact of automated vehicles over the next decade could be a true inflection point for road transport.


The use of automated vehicles also presents potential environmental benefits through journey optimisation and efficiency, reducing traffic congestion and minimising traffic jams following driver-error accidents. Alongside the movement towards less polluting vehicles, the environmental and public health benefits of a transition to the use of automated vehicles could be significant.


Previously a distant reality, we have seen vehicle manufacturers take huge steps over the past decade in introducing driver assistance and automation features in vehicles, which will support the transition to fully automated vehicles. The EU has already introduced requirements for advanced vehicle safety features such as intelligent speed assistance, emergency braking systems which detect other vehicles and road users, and emergency lane-keeping systems.


Whilst the AV Act is a very significant step towards the widespread use of automated vehicles, it will require a multitude of additional regulations to be introduced before we see truly driverless vehicles on roads. The Government has confirmed consultations on the use of automated vehicles will be held throughout 2024 and 2025, however it remains to be seen whether this is impacted by the 2024 UK General Election and future Government commitments.


You can view the entry for the AC Act on the Legislation Update Service here, we will be including updates on consultations and regulations published in support of the Act over the foreseeable future on LUS and recommend keeping an eye out for developments.


Alternatively, non-subscribers can view the full legislation here.

Jurisdiction: UK

Commencement: 27th May 2022

Amends: Automated and Electric Vehicles Act 2018
Mini Summary

The Automated and Electric Vehicles Act 2018 is intended to enable consumers in the United Kingdom to benefit from improvements in transport technology. It provides a framework for new regulations to be made to enable new transport technology to be invented, designed, made and used.

 

The Act allows for :
Part 1 of this Act relates to motor insurance for automated vehicles (i.e. vehicles that can drive themselves without human intervention) and determines liability where an accident caused by an automated vehicle occurs. There are no environmental requirements in this Part. More detail can be found in the regulations. It supplements the compulsory motor insurance framework set out in the Road Traffic Act 1988 [RTA1988].

 

Part 2 of this Act relates to electric vehicle charging and applies to England, Wales, Scotland and Northern Ireland. It is intended to address incompatibility of charge points by requiring standard connectors for vehicles. This would ensure that an electric vehicle could charge at any public charging (or refuelling) point.
It also improves access to charge points by requiring that they are accessible without membership, certain information is made available on charge points and there is a common method of payment.

 

 This Act gives the Secretary of State power to make regulations:

Duties
This Act set out duties for the Secretary of State and places no direct duties on businesses.

 

Amendment

Section 11 of the 2018 Act came into force on 27th May 2022. The Secretary of State may now make regulations requiring large fuel retailers and service area operators to provide and maintain public charging points for electric vehicles.

 
  

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Put simply, electric vehicle (EV) smart charge points must be treated as work equipment. 

BUT FIRST, A BACKGROUND
According to the 2019 UK Greenhouse Gas Emissions survey, the transport sector is the largest contributor to the UK’s CO2 emissions. To tackle this, the UK government has set out its ‘Road to Zero Strategy‘, which aims to transition the UK to the use of ‘zero emission road vehicles’ and reduce CO2 emissions from standard vehicles.

Organisations can indeed make a positive environmental impact by electrifying their vehicles. To financially support eligible companies with the purchase and installation costs of EV charge points, the Government has set out its Workplace Charge Scheme (WCS).

Having workplace EV charge points installed gives companies the ability to:

However, there are some important things to remember before choosing to install them.
SMART FUNCTIONALITY
The Electric Vehicles (Smart Charge Points) Regulations 2021 require all EV charge points to have smart functionality. Smart functionality allows communication between other smart charge points, the car, and the grid.

This means that your employees would potentially be using complex software that they may not be familiar with.
WHAT ARE YOUR RESPONSIBILITIES AS AN EMPLOYER?
The Provision and Use of Work Equipment Regulations 1998 (‘PUWER ‘) impose duties on employers to ensure that work equipment is suitable and safe for use by employees. One employer responsibility is to provide workers with adequate training on how to use the EV charge points properly, so that their actions do not lead to harm to themselves, or others.

Workers must also be instructed to report any hardware or software issues and must not attempt to fix these issues themselves.

PUWER also require the employer to ensure that their work equipment is inspected and maintained regularly by a competent person. According to the Health and Safety Executive (HSE), the frequency and type of maintenance should be determined through a risk assessment, taking into consideration:

WHAT ELSE?
EV smart chargers are fixed electrical installations, meaning that they are subject to The Electricity at Work Regulations 1989. These Regulations state that all fixed electrical installations must be regularly maintained to prevent danger, so far as reasonably practicable, to workers, visitors, and others.

With reference to fixed wiring, the Requirements for Electrical Installations – IET Wiring Regulations set out the standard for electrical installation in the UK and can be used to comply with the 1989 Regulations.

As an employer, you need to consider who is competent to carry out electrical inspection and maintenance within your company or if you need a qualified contractor to do the work for you.

Don’t forget: you will also need to keep records of inspection and maintenance of EV smart charge points in your maintenance register.
RECAP
Before considering installing EV smart chargers in your workplace, you must first understand your health and safety duties. EV smart charge points are work equipment; therefore, you must ensure that they are safe for use by workers by: