Automated Vehicles Act 2024

Prospective

Chapter 1 E+W+S Stopping and seizure

57 Application of stopping powers etc E+W+S

(1) Subsection (2) applies in circumstances where—

(a) a person suspects that a vehicle is travelling while an authorised automation feature is engaged, and

(b) assuming the vehicle was being driven by an individual, the person would have the power under an enactment (whenever passed or made) to direct the driver to stop the vehicle or act in any other way.

(2) The person may by an appropriate communication with equipment of the vehicle make any direction that could be given to a driver of the vehicle.

(3) For that purpose a communication is “appropriate” if it is a communication that equipment of the vehicle could reasonably be expected to receive and react to.

(4) In determining whether subsection (3) is satisfied, regard is to be had to—

(a) any relevant authorisation requirements or operator licensing regulations, and

(b) the design and intended function of the equipment.

(5) For the purpose of determining whether a vehicle has committed a traffic infraction, a direction made in accordance with subsection (2) has effect as if it were a direction given to a driver of the vehicle.

(6) But a vehicle with an authorised user-in-charge feature does not commit a traffic infraction by not complying with the direction if—

(a) the vehicle immediately issues a transition demand,

(b) by the end of the transition period, equipment of the vehicle communicates the substance of the direction to the user-in-charge in a way that the user-in-charge could be expected to understand, and

(c) that way of responding to the direction does not breach authorisation requirements.

(7) A direction the substance of which is communicated as described in subsection (6)(b) (and in a way that does not breach authorisation requirements) is effective against the user-in-charge as soon as—

(a) the user-in-charge assumes control of the vehicle, or

(b) (if earlier) the transition period ends,

as if it had been given to that individual as the driver.

Commencement Information

I1 S. 57 not in force at Royal Assent, see s. 99(1)

58 Seizure and detention E+W+S

(1) An authorised officer may seize and detain a road vehicle (using reasonable force to do so) if—

(a) it appears to the officer that the vehicle is travelling, is about to travel or has recently travelled on a road or other public place, and

(b) subsections (2) and (3) are satisfied.

(2) This subsection is satisfied if the authorised officer reasonably suspects that the journey of the vehicle involves, is likely to involve, or did involve—

(a) an offence under section 34B of the Road Traffic Act 1988,

(b) the commission of a traffic infraction by the vehicle,

(c) the vehicle travelling without an individual exercising, or in position to exercise, control of it on a road or other public place on which it is hazardous or unsuitable for the vehicle to travel in that way, or

(d) the vehicle otherwise behaving in a way that presents a risk of danger or inconvenience to the public while present on a road or other public place without an individual in control of it.

(3) This subsection is satisfied if the authorised officer reasonably thinks it necessary to seize and detain the vehicle in order to—

(a) prevent or halt the commission of an offence or a traffic infraction,

(b) prevent or halt a risk of danger or of inconvenience to the public, or

(c) enable enquiries to be made with a view to identifying—

(i) the owner, registered keeper, user, or person in charge of the vehicle,

(ii) the authorised self-driving entity for the vehicle, or

(iii) the licensed no-user-in-charge operator by whom the journey of the vehicle is, would be or was overseen.

(4) The Secretary of State may by regulations make provision about what is to happen after a vehicle has been seized and detained under this section; and the power in subsection (1) may not be exercised unless such regulations are in force.

(5) Regulations under subsection (4) must be designed with a view to securing that—

(a) the owner of the vehicle has a reasonable opportunity to find out that it has been detained and recover it, and

(b) the vehicle is properly stored in the meantime.

(6) Subsection (5)(a) does not prevent the regulations from—

(a) making the recovery of the vehicle conditional on the payment of any applicable charges in respect of its removal or storage (see subsection (7)(a)),

(b) conferring a power to keep the vehicle in detention pending the completion of—

(i) enquiries of a sort referred to in subsection (3)(c), or

(ii) investigations or proceedings arising from the matters in connection with which the vehicle was seized (including proceedings for the imposition of a compliance notice, redress notice or monetary penalty notice under Chapter 5 of Part 1), or

(c) making the ability to recover the vehicle subject to any power existing apart from this section under which the vehicle could be kept in detention.

(7) Regulations under subsection (4) may—

(a) require the owner of the vehicle to pay charges in respect of the removal, storage or disposal of the vehicle;

(b) (subject to subsection (5)(a)) provide for the disposal of the vehicle;

(c) make provision about the destination of any proceeds of such a disposal;

(d) provide for a person to be treated as, or presumed to be, the owner of the vehicle for the purposes of the regulations (in which case the references to the owner in subsection (5) and paragraph (a) are to be read accordingly).

(8) In this section, “authorised officer” means—

(a) a constable, or

(b) an examiner appointed under section 66A of the Road Traffic Act 1988.

(9) The power in subsection (1) does not extend to directing the driver of a vehicle to stop it; but—

(a) a constable in uniform, or

(b) a stopping officer appointed under section 66B of the Road Traffic Act 1988,

may make such a direction with a view to the exercise of the power in subsection (1).

Commencement Information

I2 S. 58 not in force at Royal Assent, see s. 99(1)

59 Interpretation E+W+S

(1) This section applies for the purposes of this Chapter.

(2) “Direction” includes any form of instruction or requirement (and “direct” is to be read accordingly).

(3) “Registered keeper” means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 1994.

(4) The following terms have the same meaning as in Part 1—

• “authorisation requirements” (see section 44(1));

• “authorised automation feature” (see section 44(1));

• “authorised self-driving entity” (see section 44(1));

• “authorised user-in-charge feature” (see section 44(1));

• “control” (see sections 1(6) and 44(1));

• “equipment” (see section 44(1));

• “licensed no-user-in-charge operator” (see section 44(1));

• “operator licensing regulations” (see section 44(1));

• “overseen” (see section 12(3));

• “transition demand” and “transition period” (see sections 7(2) and 44(1)).

(5) Subsections (2) (commission of traffic infraction by vehicle) and (5) (authorisation to determine when feature “engaged” or “disengaged”) of section 44 apply as they apply for the purposes of Part 1.

(6) “User-in-charge” is to be read in accordance with section 46.

Commencement Information

I3 S. 59 not in force at Royal Assent, see s. 99(1)