PART 1

Automated vehicles: liability of insurers etc

Application of enactments
6
1
Any damage for which a person is liable under section 2 is treated as if it had been caused—
a
for the purposes of the Fatal Accidents Act 1976, by that person's wrongful act, neglect or default;
b
for the purposes of sections 3 to 6 of the Damages (Scotland) Act 2011 (asp 7) (rights of relatives of a deceased), by that person's act or omission;
c
for the purposes of Part 2 of the Administration of Justice Act 1982 (damages for personal injuries, etc Scotland), by an act or omission giving rise to liability in that person to pay damages.
2
Section 1 of the Congenital Disabilities (Civil Liability) Act 1976 (“the 1976 Act”) has effect for the purposes of section 2 of this Act—
a
as if a person were answerable to a child in respect of an accident caused by an automated vehicle when driving itself if the person—
i
is or has been liable under section 2 in respect of any effect of the accident on a parent of the child, or
ii
would be so liable if the accident caused a parent of the child to suffer damage;
b
as if the provisions of this Part relating to liability under section 2 applied in relation to liability by virtue of paragraph (a) above under section 1 of the 1976 Act;
c
as if subsection (6) of section 1 of the 1976 Act (exclusion of liability) were omitted.
3
For the purposes of section 3(1), the Law Reform (Contributory Negligence) Act 1945 and section 5 of the Fatal Accidents Act 1976 (contributory negligence) have effect as if the behaviour of the automated vehicle were the fault of the person made liable for the damage by section 2 of this Act.
4
Liability under section 2 is treated as liability in tort or, in Scotland, delict for the purposes of any enactment conferring jurisdiction on a court with respect to any matter.
5
An insurer or vehicle owner who has a right of action against a person by virtue of section 5 does not have a right to recover contribution from that person under the Civil Liability (Contribution) Act 1978 or under section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.
S. 6 in force at 21.4.2021 by S.I. 2021/396, reg. 3(a)