Automated and Electric Vehicles Act 2018

Compatibility with the European Convention on Human Rights

51. The Government considers that the Automated and Electric Vehicles Act is compatible with the European Convention on Human Rights ("ECHR"). Accordingly, the Right Honourable Chris Grayling MP, Secretary of State for Transport, has made a statement under section 19(1)(a) of the Human Rights Act 1998 to this effect. Further explanation of key human rights issues is provided below. References to articles are to articles of the ECHR.

Part 2: Electric vehicles: Charging

52. The provisions in Part 2 raise a number of issues which engage Article 1 of Protocol 1 ("A1P1") to the European Convention on Human Rights, by imposing requirements on persons which could interfere with their commercial decisions, their infrastructure and products and their business goodwill. The Government, however, considers in each case that any potential interference is justified on public interest grounds, as expressly permitted by A1P1.

Public charging and refuelling points: access, standards and connection

53. Section 10 confers power on the Secretary of State to make regulations which require operators of publicly accessible charge points and hydrogen refuelling stations and networks to ensure consumers can use them without the need to utilise many different methods of access, such as smart phone, SMS text, subscription and card payment ("access").
54. Moreover, there is a power to: specify minimum standards of design and functionality to secure physical interoperability between electric and hydrogen vehicles and charge points ("connection"); and set availability, maintenance and performance standards for public charging which would help increase the number of charge points available for use to the public at any given time.
55. The access and standard provisions could interfere with current network access practice and affect business goodwill as currently operators can choose how to permit access to the services of their own charge points and which charge points that they want to maintain and operate. The connection provisions would affect the sale and installation of certain types of infrastructure that did not meet those standards and commercial decisions on choice of infrastructure.
56. It is necessary to ensure that all publicly accessible charge points are accessed by the widest section of the population. Recent EU legislation1 has mandated ad hoc access to public charge points and introduced some interoperability requirements for connections by mandating, as a minimum, specific connectors of socket outlets for public charge points. The Act’s provisions will build on that simple ad hoc access by potentially mandating the most suitable type of access, which benefits the consumer. There are currently several connectors serving several different vehicle types. This has potential to create a disjointed national charge point network. Having a significant number of public charge points out of action greatly impacts on the user charging experience, inconveniencing and frustrating electric vehicle ("EV") drivers. A fully interoperable, readily available national network where all Ultra Low Emissions Vehicles ("ULEV") can access charge points irrespective of make or operator, would improve network efficiency and boost consumer confidence.
57. Accordingly, any interference with A1P1 rights would be a proportionate means of achieving these aims.

Large fuel retailers etc.: provision of public charging and refuelling points

58. Section 11 confers power on the Secretary of State to make regulations which may require the minimum provision of charge points and hydrogen refuelling stations at motorway service areas and large fuel retailers. This will have some impact on the actual motorway service areas ("MSAs") and large fuel retailers as well as commercial decisions regarding what services to provide and may affect commercial relations between MSAs and infrastructure operators. This could have financial implications and affect business goodwill.
59. Anxiety about proximity to charging and refuelling points (often referred to as "Range Anxiety") is a real constraint to the purchase of ULEVs. Whilst almost all MSAs have at least one rapid EV charge point, there is a very real need to ensure that the number increases so the growth of ULEVs are not constrained.
60. The provision of ULEV infrastructure at fuel retailers is at an embryonic stage. A highly visible network of infrastructure in fuel retailers would support future ULEV purchasing decisions and help grow sales to meet the Government’s environmental aims. Fuel retailers are an obvious and accessible addition to charging at home and work and would complement the additional capacity of charge points to be brought on motorways.
61. Therefore, any interference with A1P1 rights would be a proportionate means of achieving these aims.

Duty to consider making regulations under Section 11 on request by elected mayor

62. Section 12 provides elected mayors (the Mayor of London and Mayors of combined authorities) with the power to ask the Secretary of State for Transport to make regulations under Section 11. The power would be limited to large fuel retailers in the area within their authority. This will have some impacts on the large fuel retailers like those described in paragraphs 58 to 61 above.

Real-time and other information about public charging and refuelling points

63. Section 13 confers power on the Secretary of State to make regulations which require operators to provide open data in an open source format on the geographical location and live availability of charging and refuelling infrastructure and services. This may interfere with the carrying on of business activities by an operator.
64. Currently, there is a lack of conformity in the data that is provided about the availability and location of charge points. The Government’s aim is to ensure the availability of reliable and comprehensive open source data on public charge points and refuelling stations, such as the location and access method, which could improve the offer to the consumer. On this basis, any interference with A1P1 rights would be a proportionate means of achieving these aims.

Transmission of data relating to charge points

65. Section 14 applies following the installation of a charge point and complements Section 15. Section 14 is intended to ensure that there is a continuous flow of data following the installation of a charge point. This data will be of use to persons such as a distribution network operator ("DNO") or the Transmission System Operator ("TSO"). However, it will be important that once data transmission commences it isn’t disrupted or stopped, for example by the operator of a charge point. To build up an accurate picture of demand it will be necessary to ensure an even and constant flow of data. This Section will obligate operators of public charge points to ensure continuous flow of data as described in regulations in a prescribed format. For non-public charge points a person, such as an operator of charge points or some other person responsible for such charge points (though not a domestic end user), could be obligated to ensure continuous flow of data.
66. Such an obligation may interfere with the A1P1 rights of the party subject to obligations under Section 14. However, any such interference would be a proportionate means of achieving these aims.

Smart charge points

67. Section 15 confers power on the Secretary of State to make regulations which require infrastructure installed for the purposes of charging electric vehicles to have 'smart' functionality that enables them to receive, understand and respond to signals sent by energy system participants (e.g. DNOs, energy companies, the National Grid as TSO or other third parties) for the purposes of balancing energy supply and demand. This will require operators to modify their product to ensure "smart" functionality. This may constitute an interference with operators’ A1P1 rights.
68. Electric vehicles may be plugged in for long periods and therefore hold potential to "smart charge"- not only receiving the necessary amount of electricity required by the user within the time required, but providing balancing services to the electricity system. This could involve reducing or increasing the rate of charge to help balance the electricity system’s frequency, or timing charging to take advantage of off-peak periods. These functions may benefit a range of parties, including consumers, energy suppliers and network operators. Many of these functions have commercial value which could be transferred to consumers through lower energy bills.
69. The infrastructure installed at the present time is likely to last for many years, and if it does not contain the technical capability to communicate and control charging, it will not be possible for any third party to exercise control over the charging pattern, hampering the development of commercial offerings for this service, and risking significant network reinforcement and additional generation capacity for the United Kingdom to meet additional peak demand. Furthermore, by developing the requirements under this Section, the provision of smart charging infrastructure may itself aid the development of ‘Time of Use’ tariffs, whereby the cost of energy can change throughout the day depending on demand and generation, providing a base of customers to provide services to the grid. By ensuring that electric vehicle charging has the technical capability to be responsive to network and system needs, the United Kingdom will have the necessary tools to manage electric vehicle load risks, and encourage the market for smart tariffs or other consumer propositions.
70. Accordingly, any interference with A1P1 rights would be a proportionate means of achieving these aims.