KNOW YOUR RIGHTS
prison respectively. The difference between dangerous and careless is whether the standard of cycling has fallen far below or just slightly below what is expected of the cyclist.
Causing serious injury by dangerous cycling will only relate to offences where the standard of riding has fallen far below what was expected and the injury caused was serious enough to amount to grievous bodily harm (defined as serious physical harm, for example a broken bone). This will carry a maximum sentence of five years in prison.
The law is being introduced through an amendment to the Road Traffic Act 1988 – inserting a new section 27A. However there is no official time frame for the introduction. It has been drafted and backed by a number of MPs, but the introduction of the legislation may now be delayed following the announcement of the General Election on the 4 July.
SELF-DRIVING VEHICLES
Self-driving vehicles could be on British roads in the very near future after the government’s new flagship Automated Vehicles Act – referenced in the King’s Speech - became law on the 20 May 2024.
The government has said road safety is at the heart of the legislation with automated vehicles expected to improve safety by reducing human error “which contributes to 88% of collisions”.
And it is with that in mind that these vehicles are almost independent from the cars that we see today. They are not modern cars with self-driving capabilities, they are ‘self-driving vehicles’ with their own laws.
The key part to this new law is that any issue involving self driving vehicles, such as a collision, will fall at the feet of the manufacturers, the insurance providers and the software developers. The liability will be with them.
The only time the so-called “user in charge” would be prosecuted is if they take over the driving of the vehicle. An individual would be considered the“user in charge” only if that feature of the vehicle is switched on and engaged so that the individual would then be in a position to exercise control of the vehicle, and would only be prosecuted if they cause an action which
PHTM JUNE 2024
results in an offence. But anything that the vehicle does independent of the “user in charge” is not the driver’s fault and the driver cannot be liable.
Because of that, safety was heavily considered in the legislation and a large portion of the Autonomous Vehicles Act discusses various safety measures which will be assessed and regulated by independent bodies.
The law will require self-driving vehicles to achieve a level of safety at least as high as careful and competent drivers, as well as meeting rigorous safety checks before being allowed onto roads.
These vehicles will only be manufactured by regulated and authorised manufacturers, and the vehicles themselves will be regulated and authorised. In fact a large part of the initial legislation details that authorisation and who exactly is able to authorise.
There are then various sections in the legislation to allow police and courts to demand the inspection of material, information, sites, and the power to enter those places forcefully if manufacturers do not comply.
There is no law suggesting that any modern cars or car manufacturers must include the capability of self- driving. This law is unconnected to current driving legislation and governs autonomous vehicles separately.
Whilst this law came into force in May, it could be a number of years before we actually see the rollout of autonomous vehicles on UK roads. Transport Secretary, Mark Harper, has stated that the landmark legislation means self-driving vehicles could be rolled out as soon as 2026, but given the strict safety procedures, the regulations, the authorisations and the various independent bodies that need to be researched, set up and trained, it could be many more years before we actually see this take effect.
If you have any questions about these new laws or need any advice on motoring matters, please email us on
advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice.
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