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Automated Vehicles Act 2024

Contents

Schedule 1: Enforcement action under part 1: procedure

Part 1- Unilateral variation, suspension or withdrawal of authorisation

Paragraph 1: Ordinary procedure

  1. This paragraph places a requirement on the Secretary of State to issue a notice to the authorised self-driving entity (ASDE) before varying, suspending or withdrawing an automated vehicle authorisation. This notice will state the Secretary of State’s intention to vary, suspend or withdraw authorisation, with an explanation for the intention, and specifies by when and how representations may be made by the ASDE. This provides an opportunity for authorised self-driving entities to respond to the proposed variation, suspension or withdrawal before it takes effect. 
  2. In the event the Secretary of State does decide to vary, suspend or withdraw authorisation the Secretary of State must, alongside the issue of notice, provide reasons for the decision. 

Paragraph 2: Procedure for urgent suspension of temporary variation

  1. This paragraph sets out the process to be followed if the Secretary of State considers that the need to suspend or make a temporary variation to an automated vehicle authorisation is too urgent for the notification process above. This still allows for the ASDE to make representations to the Secretary of State after the suspension or variation notice. It requires the Secretary of State to consider representations as soon as reasonably practicable before making a decision about whether to lift the suspension or temporary variation. This allows for quick action to be taken where needed to ensure safety, but still enables the ASDE to make representations that inform that decision after the event. 
  2. In the event that the Secretary of State does not decide to lift the suspension, provided representations have been made, the Secretary of State will need to issue a notice that explains the decision and the reasons for it.  

Paragraph 3: Appeals

  1. This paragraph provides a right of appeal against unilateral authorisation measures. It is intended to allow the tribunal to intervene where the Secretary of State makes incorrect factual findings, fails to follow proper procedure, or acts unreasonably ­ in a public law sense - but not to allow the tribunal to substitute its own judgement on matters of evaluation, such as whether the self-driving test is satisfied. The relevant tribunal will be the First-tier Tribunal unless procedure rules allocate matters to the Upper Tribunal.

Paragraph 4: Backstop procedure for cases where authorised self-driving entity is defunct

  1. This paragraph provides the Secretary of State with power to suspend or withdraw the automated vehicle authorisation without the agreement of and first notifying the ASDE if there is no longer an ASDE, or the entity is no longer capable of being issued with a notice.   
  2. A suspension or withdrawal made in exercise of these backstop powers takes effect when published or at a later date specified in the notice. 
  3. The paragraph allows the authorised self-driving entity to appeal if they believe the Secretary of State was wrong to be satisfied conditions under subparagraph (1) were met.   

Part 2- Civil sanctions

Paragraph 5 and 6: Notices of intent and costs

  1. Paragraph 5 sets out that the Secretary of State must issue a notice of intent before issuing a compliance, redress or monetary penalty notice (referred to as a ‘principal notice’) to a regulated body. The Secretary of State must consider any representations made by the body in response to the notice of intent. 
  2. Subparagraph 5(2) specifies that a notice of intent must set out: the intention to issue the principal notice; the notices’ intended terms; the reasoning for the notice; and the time by which and manner in which representations may be made. 
  3. Subparagraph 5(3) provides that a notice of intent may also set out the Secretary of State’s intention to issue a costs notice and give an indication of the value of the costs. 
  4. Subparagraph 6(1) provides the Secretary of State with the power to issue a costs notice to a regulated body if a compliance, redress or monetary penalty notice has been issued. Subparagraph 6(2) clarifies that a costs notice requires the regulated body to pay a sum specified in the notice to the Secretary of State.    
  5. Subparagraph 6(3) limits the sum so that it is no greater than the costs incurred by the Secretary of State and sub section 6(4) sets out that costs can include investigative and administrative costs, as well as the costs of obtaining expert advice.   
  6. Subparagraph 6(5) sets out that the costs notice must include: details of the costs used to calculate total cost; a breakdown of how the cost has been calculated; and the time and manner in which the cost must be paid. Subparagraph 6(6) sets out that, if the cost is not paid in time, interest can be incurred and the Secretary of State can recover the sum as a civil debt. 
  7. Subparagraph 6(7) sets out that any cancellation of a compliance notice, redress notice, or monetary penalty notice has the effect of cancelling any associated costs notice.     

Paragraph 7: Appeals

  1. This paragraph sets out an appeals process for a person who has been issued with a compliance notice, redress notice, monetary penalty notice or costs notice. An appeal would be made to the Upper Tribunal.    
  2. Subparagraph (2) sets out the grounds for an appeal. The grounds are: that the matter for which the notice was issued did not occur; that the actions specified in the notice are unreasonable; that the sum or amount in the monetary penalty is unreasonable; the costs relied on in arriving at the sum specified in the notice were not reasonably incurred; the time or manner of payment is unreasonable; or that the Secretary of State failed to comply with the requirements set out in the Act, or made some other procedural error.   
  3. If the Court is satisfied with the grounds for the appeal, the appeal must be allowed and the Court must either: cancel or vary the notice; or refer the Court’s findings to the Secretary of State with a direction to consider whether to cancel or vary the notice (subparagraph (3)). The Court may only vary the notice where the grounds for appeal relate to monetary penalties or costs.  
  4. Subparagraph (4) sets out that if the Court does not consider the grounds for appeal are satisfied, the appeal must be dismissed.     
  5. Subparagraph (6) allows the person who appealed to reopen an appeal on any of the original grounds which led to a direction to the Secretary of State to reconsider or, if the Secretary of State has re-considered and issued a variation, on any of the original grounds in relation to the variation. This applies if the Secretary of State is directed by the Court to consider a variation or cancellation of the notice and has not done so within the time specified by the Court (subparagraph (5)).   
  6. Subparagraph (7) gives the Court the power to suspend a notice if an appeal has been made.  
  7. Subparagraph (8) explains that if a monetary penalty notice includes a daily fine, the Secretary of State or the person the notice was issued to may ask the Court to determine whether the fine must be paid for any particular day. This could, for example, be necessary where a notice has been remitted to the Secretary of State to consider whether to cancel or vary the notice and a variation leads to uncertainty about the extent to which a daily fine is payable.  
  8. Subparagraph (9) clarifies that, for the purposes of this section, ‘the Tribunal’ means the First-tier Tribunal. This is qualified in sub section (10), which allows the Tribunal Procedure Rules to provide for an appeal to the Upper Tribunal instead of the First Tier Tribunal. This gives the flexibility for the Tribunal Rules to make adjustments to the appeals process in the future, for example, so that more important cases may directly go to the Upper Tribunal.  

Paragraph 8: Assignment of functions to traffic commissioners

  1. Traffic Commissioners have responsibility for the licensing and regulation of those who operate conventional heavy goods vehicles, buses and coaches, and the registration of local bus services. They are appointed by the Secretary of State and operate at arm’s length from the Department for Transport as independent regulators. Paragraph 8 gives the Secretary of State the powers to delegate (by regulation) to Traffic Commissioners the issuing of compliance notices, redress notices, monetary penalties and costs notices. This is intended to give the Secretary of State the flexibility to align the regulation of authorised automated vehicles with that of conventional vehicles.  
  2. Subparagraph (2) sets out that when these powers are exercised by a traffic commissioner, references to 'the Secretary of State’ in this Part (other than section 43(1)) of the Act are to be read as including a traffic commissioner.   
  3. Subparagraph (3) provides the Secretary of State with the power to issue regulations that enable a Traffic Commissioner to review a compliance, redress or monetary penalty notice issued by the Secretary of State, if the person to whom the notice was issued applies for such a review. 
  4. Subparagraph (4) sets out that the right to appeal to the Court (set out in paragraph 7) does not come into effect until the review by the Traffic Commissioner has been completed.   
  5. Subsection (5) requires that money received by a traffic commissioner as a result of regulations under this paragraph must be paid into the Consolidated Fund in such as manner as the Treasury may direct.

Schedule 2: Amendments related to Part 1

Paragraph 1: Theft Act 1968 (c. 60)

  1. This paragraph is self-explanatory. Extending the definition of "conveyance" to include authorised automated vehicles is in line with recommendations made as part of the Law Commissions’ review. 

Paragraph 2: Prescription and Limitation (Scotland) Act 1973 (c. 52)

  1. This paragraph is self-explanatory. 

Paragraph 3: Limitation Act 1980 (c. 58)

  1. This paragraph is self-explanatory. 

Paragraph 4: Road Traffic Act 1988 (c. 52)

  1. This paragraph is self-explanatory.

Paragraph 5: Automated and Electric Vehicles Act 2018 (c. 18)

  1. This paragraph replaces the previous automated vehicle listing process set out in section 1 of the Automated and Electric Vehicles Act 2018 (AEVA 2018) and updates the references in the Act from ‘automated vehicles’ to ‘authorised automated vehicles’.

Schedule 3: Amendments related to Sections 53 and 54

Paragraph 1: Road Traffic Act 1988 (c. 52)

  1. This paragraph ties the new user-in-charge offences into other related legislation and is otherwise self-explanatory. 

Paragraph 2: Road Traffic Offenders Act 1988 (c. 55)

  1. This paragraph ties the new user-in-charge offences into other related legislation and is otherwise self-explanatory. 

Paragraph 3: Crime (International Co-operation) Act 2003 (c. 32)

  1. This paragraph is self-explanatory. 

Paragraph 4: Armed Forces Act 2006 (c. 52)

  1. This paragraph is self-explanatory. 

Schedule 4: Amendments related to Section 66(3)

Paragraph 1: Amendments related to section 66(3)

  1. Subparagraphs (1)-(3) amend the Road Traffic Offenders Act 1988 by inserting the section 66(3) offences impeding investigation into Schedule 1 (offences to which section 1, 6, 11 and 12(1) of that Act apply), and into Part 2 of Schedule 2 of that Act (penalties for road traffic offences). These insertions are only made in respect to the offence under section 66(3), Chapter 2 where the offence consists of a failure of a person driving or propelling a motor vehicle to comply with a direction under paragraph 66(3) of the Chapter. 

Schedule 5: Enforcement of marketing restrictions

Paragraph 1: Duty to enforce

  1. This paragraph is self-explanatory.  

Paragraph 2: Application of consumer enforcement powers

  1. This paragraph adds a line into the Consumer Rights Act 2015 in the appropriate place. This will allow the Secretary of State to use the appropriate enforcement powers in Schedule 5 of the Consumer Rights Act 2015 in relation to sections 78 and 79. 

Paragraph 3: Out-of-court undertakings

  1. This paragraph allows the Secretary of State to accept an undertaking from a person as to the person’s future behaviour, where the Secretary of State considers that the person has committed or is likely to commit an offence under sections 78 or 79 regarding misleading marketing. The Secretary of State can only accept the undertaking if it would tend to avoid an offence. Subparagraph (3) requires the Secretary of State to publish details of any undertaking accepted under this paragraph.

Paragraph 4: Civil injunctions

  1. This paragraph is self-explanatory. It allows the Secretary of State to bring proceedings for injunctions to prevent the continuing effects of misleading marketing. 

Paragraph 5: Time limit for prosecution

  1. This paragraph sets out the time limits for proceedings for offences under sections 78 and 79, set at the earlier of three years from the date of the commission of the offence or a year from the date the offence is discovered by the prosecutor. 

Schedule 6: Civil sanctions for infringing passenger permit scheme

Paragraph 1: Compliance notices

  1. If the appropriate national authority is satisfied that an automated passenger services permit holder has committed an infringement of the permit scheme, the authority may issue a compliance notice under this paragraph.   

Paragraph 2: Monetary penalties

  1. The appropriate national authority may issue a monetary penalty notice under this paragraph if it is satisfied that an automated passenger services permit holder has committed an infringement of the permit scheme as set out in section 84, or failed to comply with a compliance notice. The appropriate national authority must by regulations set a maximum sum which may be specified in a monetary penalty notice. Subparagraph (8) sets out how the regulations may determine the maximum sum.  

Paragraph 3: Notices of intent

  1. This paragraph requires the appropriate national authority to issue the permit holder with a notice of intent prior to issuing a compliance notice or monetary penalty notice. Among other requirements, the notice of intent must set out the terms and reasons for intending to issue a compliance or monetary penalty notice and specify a deadline and manner the permit holder can make representations. Subparagraph (1)(b) requires the appropriate national authority to consider any representations made by the permit holder. In some circumstances the notice of intent process could reduce the need for the appropriate national authority to proceed to issue a compliance notice or monetary penalty notice. For example, this could occur if the permit holder provided a clear justification for the non-compliance, or a satisfactory timeline to address the non-compliance.   

Paragraph 4: Costs

  1. This paragraph allows the appropriate national authority to issue a costs notice. Costs notices enable the appropriate national authority to recover, from a permit holder, certain costs it has reasonably incurred in connection with issuing a compliance notice or monetary penalty notice to the permit holder. The appropriate national authority may only issue a costs notice to a permit holder if it has issued the permit holder a compliance notice or monetary penalty notice (the ‘principal notice’), and the notice of intent which preceded the principal notice stated the appropriate national authority’s intention to issue a costs notice in connection with the principal notice, and gave a general indication of the costs that the appropriate national authority would be likely to seek to recover.

Paragraph 5: Cancellation and variation

  1. This paragraph is self-explanatory.  

Paragraph 6: Appeals

  1. The person issued with a compliance notice or monetary penalty notice have the right to appeal in the first instance to a First-tier Tribunal (or the Upper Tribunal if this is provided for in Tribunal Procedure Rules). This paragraph establishes standard procedures in relation to the Tribunal process to be followed and grounds on which an appeal may be brought by a permit holder.  

Paragraph 7: Enforcement action in respect of multiple occurrences

  1. This paragraph clarifies that, where a single notice is issued, it may relate to one or more occurrences by virtue of which the power to issue the notice arises. For example, a compliance notice may refer to five occasions where evidence suggests the permit holder breached several different permit conditions of the kind specified in section 82(5)(b). 

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