UK accelerates autonomous vehicle deployment

Building on the foundations laid by the Autonomous Vehicles Act 2024, the government has recently intensified its efforts to position the UK as a global leader in autonomous vehicle (AV) technology.

With a clear regulatory framework now taking shape, the government is not only signalling strong support for innovation in mobility through increased investment, but also laying the legal foundations necessary to build confidence from industry stakeholders. Recent initiatives include the launch of three public consultations as part of the phased secondary legislation to implement the act and support the deployment of AVs.

'Robotaxis' and automated passenger services

The automated passenger services (APS) regime has been fast-tracked for implementation in spring 2026, a full year ahead of previous timelines under the AV Act. This will allow firms to pilot small-scale "taxi, private hire and bus like services" of self-driving vehicles without a safety driver for the first time. Permit holders will need to meet safety benchmarks and will require consent from the appropriate local licencing or franchising body. A consultation was launched on 21 July inviting public and industry input on the APS regime, with stakeholders encouraged to submit their views by 28 September.

The regime aims to provide businesses with regulatory confidence to invest in testing and deploying innovative services for passengers. Fully autonomous "Level 4" trials are already planned to launch in London next year and, as the capital represents a complex driving environment, it is expected that the lessons learnt from such trials will be a major step in the UK leading the way for the global deployment of AVs.

Misleading marketing and clarity for consumers

As part of its efforts to reinforce transparency and strengthen public trust in the industry, the government is seeking to clarify what terminology can be used to market AVs.

Terms such as "self-driving", "driverless" and "autonomous driving" may be restricted solely to authorised AVs, which have proved that they can drive safety without being monitored or controlled by a human. These protected term measures compliment a broader "confusion offence" under the AV Act, which applies to any commercial communication likely to mislead a consumer that an unauthorised vehicle can travel autonomously.

As part of the ongoing consultation on marketing terms (closing 1 September), the Law Commission has also welcomed views on whether any specific symbols or marks could be developed to indicate a vehicle is self-driving, with the potential for these to be standardised internationally. These  proposals underscore the government's commitment to becoming a global leader in AV technology and collaborating with the automotive industry to achieve this vision.

'Careful and competent' safety principles

Simultaneously with the marketing terms consultation, the government issued a call for evidence (also closing 1 September) on its upcoming statement of safety principles (SoSPs), which are mandated by the AV Act. The principles are designed to ensure that AVs achieve safety levels equivalent to or higher than those of "careful and competent human drivers" and improve overall road safety.

The SoSPs will define safety expectations at various stages including:

• Pre-deployment. Vehicle-type approval and authorisation checks required prior to a vehicle being granted permission to operate autonomously.
• Post-deployment. In-use monitoring and regulatory compliance enforcement.
• Annual assessments: Reviewing overall performance of self-driving vehicles.

This should provide greater clarity to manufacturers and technology companies that develop or supply the software for AVs on the safety and performance benchmarks that a AV must meet.

Osborne Clarke comment

While the AV Act received royal assent in May 2024, we are now starting to see an increased commitment and momentum from the UK government on the deployment of AVs. Initiatives such as the fast-tracking of the APS regime provide a strong signal of UK government support and should give industry stakeholders a newfound confidence to trial AVs in the UK market.

The government consultations aim to build consumer trust and set clear safety standards, as part of the broader strategy for the UK to become a global AV leader. Collaboration with the automotive industry will be crucial in achieving this goal; stakeholders are encouraged to participate in the open consultations to help shape the regulatory framework established by the AV Act.

Osborne Clarke is committed to supporting the growth and success of the industry, offering tailored legal advice and solutions that align with the latest legislative developments and industry best practices. We understand the complexities of AV deployment and can proactively assist clients with navigating the evolving regulatory landscape, mitigating associated risks and capitalising on AV market opportunities.

For further information on AV developments and legislative updates, please visit our adapting to e-mobility regulation webpage.