Vehicle Technology and Aviation Bill (HC Bill 143)

A

BILL

TO

Make provision about automated vehicles, electric vehicles, vehicle testing
and civil aviation; to create an offence of shining or directing a laser at a
vehicle; and to make provision about fees for courses offered as an alternative
to prosecution for road traffic offences.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Automated vehicles: liability of insurers etc

1 Listing of automated vehicles by the Secretary of State

(1) The Secretary of State must prepare, and keep up to date, a list of all motor
5vehicles that—

(a) are or might be used on roads or in other public places in Great Britain,
and

(b) are in the Secretary of State’s opinion designed or adapted to be
capable, in at least some circumstances or situations, of safely driving
10themselves without having to be monitored by an individual.

(2) The list may identify vehicles—

(a) by type,

(b) by reference to information recorded in a registration document issued
under regulations made under section 22 of the Vehicle Excise and
15Registration Act 1994, or

(c) in some other way.

(3) The Secretary of State must publish the list when it is first prepared and each
time it is revised.

(4) In this Part “automated vehicle” means a vehicle listed under this section.

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2 Liability of insurers etc where accident caused by automated vehicle

(1) Where—

(a) an accident is caused by an automated vehicle when driving itself,

(b) the vehicle is insured at the time of the accident, and

(c) 5an insured person or any other person suffers damage as a result of the
accident,

the insurer is liable for that damage.

(2) Where—

(a) an accident is caused by an automated vehicle when driving itself,

(b) 10the vehicle is not insured at the time of the accident,

(c) section 143 of the Road Traffic Act 1988 (users of motor vehicles to be
insured or secured against third-party risks) does not apply to the
vehicle at that time—

(i) because of section 144(2) of that Act (exemption for public
15bodies etc), or

(ii) because the vehicle is in the public service of the Crown, and

(d) a person suffers damage as a result of the accident,

the owner of the vehicle is liable for that damage.

(3) In this Part “damage” means death or personal injury, and any damage to
20property other than—

(a) the automated vehicle,

(b) goods carried for hire or reward in or on that vehicle or in or on any
trailer (whether or not coupled) drawn by it, or

(c) property in the custody, or under the control, of—

(i) 25the insured person (where subsection (1) applies), or

(ii) the person in charge of the automated vehicle at the time of the
accident (where subsection (2) applies).

(4) In respect of damage to property caused by, or arising out of, any one accident
involving an automated vehicle, the amount of the liability under this section
30of the insurer or owner of the vehicle is limited to the amount for the time being
specified in section 145(4)(b) of the Road Traffic Act 1988 (limit on compulsory
insurance for property damage).

(5) This section has effect subject to section 3.

(6) Except as provided by section 4, liability under this section may not be limited
35or excluded by a term of an insurance policy or in any other way.

(7) The imposition by this section of liability on the insurer or vehicle owner does
not affect any other person’s liability in respect of the accident.

3 Contributory negligence etc

(1) Where—

(a) 40an insurer or vehicle owner is liable under section 2 to a person (“the
injured party”) in respect of an accident, and

(b) the accident, or the damage resulting from it, was to any extent caused
by the injured party,

the amount of the liability is subject to whatever reduction under the Law
45Reform (Contributory Negligence) Act 1945 would apply to a claim in respect

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of the accident brought by the injured party against a person other than the
insurer or vehicle owner.

(2) The insurer or owner of an automated vehicle is not liable under section 2 to
the person in charge of the vehicle where the accident that it caused was wholly
5due to the person’s negligence in allowing the vehicle to drive itself when it
was not appropriate to do so.

4 Accident resulting from unauthorised alterations or failure to update
software

(1) An insurance policy in respect of an automated vehicle may exclude or limit
10the insurer’s liability under section 2(1) for damage suffered by an insured
person arising from an accident occurring as a direct result of—

(a) alterations to the vehicle’s operating system made by the insured
person, or with the insured person’s knowledge, that are prohibited
under the policy, or

(b) 15a failure to install software updates to the vehicle’s operating system
that the insured person is required under the policy to install or to have
installed.

(2) But any exclusion or limitation of liability for damage suffered by an insured
person who is not the holder of the policy applies only in relation to—

(a) 20alterations to the vehicle’s operating system which, at the time of the
accident, the person knows are prohibited under the policy, or

(b) a failure to install software updates which at that time the person
knows he or she is required under the policy to install or to have
installed.

(3) 25Subsection (4) applies where an amount is paid by an insurer under section 2(1)
in respect of damage suffered, as a result of an accident, by someone who is not
insured under the policy in question.

(4) If the accident occurred as a direct result of—

(a) alterations to the vehicle’s operating system made by an insured
30person, or with an insured person’s knowledge, that were prohibited
under the policy, or

(b) a failure to install software updates to the vehicle’s operating system
that an insured person was required under the policy to install or to
have installed,

35the amount paid by the insurer is recoverable from that person to the extent
provided for by the policy.

(5) But the right of recovery from an insured person who is not the holder of the
policy applies only in relation to—

(a) alterations to the vehicle’s operating system which, at the time of the
40accident, the person knew were prohibited under the policy, or

(b) a failure to install software updates which at that time the person knew
he or she was required under the policy to install or to have installed.

5 Right of insurer etc to claim against person responsible for accident

(1) Where—

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(a) section 2 imposes on an insurer, or the owner of a vehicle, liability to a
person who has suffered damage as a result of an accident (“the injured
party”), and

(b) the amount of the insurer’s or vehicle owner’s liability to the injured
5party in respect of the accident (including any liability not imposed by
section 2) is settled,

any other person liable to the injured party in respect of the accident is under
the same liability to the insurer or vehicle owner.

(2) For the purposes of this section, the amount of the insurer’s or vehicle owner’s
10liability is settled when it is established—

(a) by a judgment or decree,

(b) by an award in arbitral proceedings or by an arbitration, or

(c) by an enforceable agreement.

(3) If the amount recovered under this section by the insurer or vehicle owner
15exceeds the amount which that person has agreed or been ordered to pay to the
injured party (ignoring so much of either amount as represents interest), the
insurer or vehicle owner is liable to the injured party for the difference.

(4) Nothing in this section allows the insurer or vehicle owner and the injured
party, between them, to recover from any person more than the amount of that
20person’s liability to the injured party.

(5) For the purposes of—

(a) section 10A of the Limitation Act 1980 (special time limit for actions by
insurers etc in respect of automated vehicles), or

(b) section 18ZC of the Prescription and Limitation (Scotland) Act 1973
25(actions under this section),

the right of action that an insurer or vehicle owner has by virtue of this section
accrues at the time of the settlement referred to in subsection (1)(b).

6 Application of enactments

(1) Any damage for which a person is liable under section 2 is treated as if it had
30been 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
35omission;

(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
40Act”) 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) 45would be so liable if the accident caused a parent of the child to
suffer damage;

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(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)
5were 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) 10Liability 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
15person under the Civil Liability (Contribution) Act 1978 or under section 3 of
the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

7 Interpretation

(1) For the purposes of this Part—

(a) a vehicle is “driving itself” if its operation is not being controlled by an
20individual;

(b) a vehicle is “insured” if there is in force in relation to the use of the
vehicle on a road or other public place in Great Britain a policy of
insurance that satisfies the conditions in section 145 of the Road Traffic
Act 1988.

(2) 25In this Part—

  • “automated vehicle” has the meaning given by section 1(4);

  • “damage” has the meaning given by section 2(3);

  • “insured person”, in relation to an insured vehicle, means any person
    whose use of the vehicle is covered by the policy in question;

  • 30“insurer”, in relation to an insured vehicle, means the insurer under that
    policy.

(3) In this Part—

(a) a reference to an accident includes a reference to two or more causally
related accidents;

(b) 35a reference to an accident caused by an automated vehicle includes a
reference to an accident that is partly caused by an automated vehicle.

Part 2 Electric vehicles: charging

Introductory

8 40Definitions

(1) For the purposes of this Part—

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(a) “charge point” means a device intended for charging a vehicle that is
capable of being propelled by electrical power derived from a storage
battery (or for discharging electricity stored in such a vehicle);

(b) “hydrogen refuelling point” means a device intended for refuelling a
5vehicle that is capable of being propelled by electrical power derived
from hydrogen;

(c) a charge point or a hydrogen refuelling point is a “public charging
point” if it is provided for use by members of the general public.

(2) In this Part—

  • 10“operator”, in relation to a public charging point, has the meaning given
    by regulations;

  • “prescribed” means prescribed by regulations;

  • “vehicle” means a vehicle that is intended or adapted for use on roads.

Requirements and prohibitions

9 15Public charging points: access and connection

(1) Regulations may impose requirements on operators of public charging points
in connection with—

(a) the method of payment or other way in which access to the use of
public charging points may be obtained;

(b) 20the components of public charging points that provide the means by
which vehicles connect to such points (“connecting components”).

(2) Regulations under subsection (1)(a) may require operators—

(a) to provide a prescribed method of payment or verification for obtaining
access to the use of public charging points;

(b) 25to co-operate with each other for the purposes of a requirement
imposed by the regulations (for example, by sharing facilities or
information);

(c) to take prescribed steps for the purposes of such a requirement (for
example, to provide information to a prescribed person).

(3) 30Regulations under subsection (1)(b) may, for example, require the operator of
a public charging point to ensure that its connecting components comply with
prescribed requirements (which may include technical specifications for
connecting components or any related equipment).

10 Large fuel retailers etc: provision of public charging points

(1) 35Regulations may impose requirements on—

(a) large fuel retailers falling within a prescribed description, or

(b) service area operators falling within a prescribed description,

in connection with the provision on their premises of public charging points.

(2) Regulations under subsection (1) may, for example—

(a) 40require large fuel retailers or service area operators to provide public
charging points;

(b) require public charging points to be available for use at prescribed
times;

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(c) require services or facilities prescribed by the regulations to be
provided in connection with public charging points.

(3) In this section “large fuel retailer” and “service area operator” have the
meaning given by regulations.

11 5Information about public charging points

(1) Regulations may require operators of public charging points to make available
prescribed information relating to such points.

(2) The information that may be prescribed under subsection (1) in relation to a
public charging point is such information as the Secretary of State considers
10likely to be useful to users or potential users of the point, for example
information about—

(a) the location of the point and its operating hours,

(b) available charging or refuelling options,

(c) the cost of obtaining access to the use of the point,

(d) 15the method of payment or other way in which access to the use of the
point may be obtained,

(e) means of connection to the point,

(f) whether the point is in working order, and

(g) whether the point is in use.

(3) 20The regulations may make provision—

(a) about when, how, to whom and in what form the information is to be
made available;

(b) for the information to be made available without restrictions on its use
and disclosure.

(4) 25The regulations may be made so as to have effect for a prescribed period.

12 Smart charge points

(1) Regulations may provide that a person must not sell or install a charge point
unless it complies with prescribed requirements.

(2) The requirements that may be imposed under subsection (1) include
30requirements relating to the technical specifications for a charge point,
including for example the ability of a charge point—

(a) to receive and process information provided by a prescribed person,

(b) to react to information of a kind mentioned in paragraph (a) (for
example, by adjusting the rate of charging or discharging),

(c) 35to transmit information (including geographical information) to a
prescribed person,

(d) to monitor and record energy consumption,

(e) to comply with requirements relating to security,

(f) to achieve energy efficiency, and

(g) 40to be accessed remotely.

(3) Regulations under subsection (1) may also prescribe requirements to be met in
relation to the sale or installation of a charge point.

(4) In this section—

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(a) “sell” includes let on hire, lend or give;

(b) references to a prescribed person include references to—

(i) a person of a prescribed description, and

(ii) a device operated by one or more prescribed persons.

5General and supplementary

13 Enforcement

(1) Regulations under this Part may make provision for enforcement in connection
with a contravention of a requirement or prohibition imposed by the
regulations.

(2) 10Regulations made by virtue of subsection (1) may, for example—

(a) contain provision for determining whether there has been a failure to
comply with a requirement or prohibition;

(b) provide for the imposition of a financial penalty (and for the payment of
such a penalty into the Consolidated Fund
);

(c) 15set out the procedure to be followed in imposing a penalty;

(d) make provision about the amount of a penalty;

(e) make provision about the enforcement of a penalty;

(f) provide for a right of appeal against the imposition of a penalty;

(g) provide for a determination for the purposes of the regulations to be
20made by the Secretary of State or a prescribed person.

(3) The provision referred to in subsection (2)(a) includes provision authorising
prescribed persons to enter any land, in accordance with the regulations, for
the purpose of inspecting a public charging point on the land.

14 Exceptions

(1) 25Regulations under this Part may create exceptions from any requirement or
prohibition imposed by the regulations.

(2) An exception may be created in relation to a prescribed description of persons
or public charging points.

(3) The Secretary of State may determine that a requirement or prohibition
30imposed by regulations under this Part does not apply in relation to a person
or public charging point specified in the determination.

(4) The Secretary of State must publish a determination made under subsection
(3).

15 Regulations

(1) 35Regulations under this Part —

(a) may make different provision for different purposes or different areas;

(b) may make supplemental, incidental, transitional or consequential
provision.

(2) A power to make regulations under this Part is exercisable by the Secretary of
40State by statutory instrument.

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(3) Before making regulations under this Part, the Secretary of State must consult
such persons as the Secretary of State considers appropriate.

(4) Subject to subsection (6), where—

(a) a statutory instrument contains regulations under this Part, and

(b) 5any of those regulations are the first regulations under a provision of
this Part,

the instrument may not be made unless a draft of it has been laid before
Parliament and approved by a resolution of each House.

(5) A statutory instrument containing regulations under this Part, none of which
10are the first regulations under a provision of this Part, is subject to annulment
in pursuance of a resolution of either House of Parliament.

(6) Where regulations contain only provision made by virtue of—

(a) section 9(3) (prescribed requirements for connecting components), or

(b) section 12 (prescribed requirements for charge points),

15the instrument containing the regulations is subject to annulment in pursuance
of a resolution of either House of Parliament.

Part 3 Civil aviation

Air traffic services licensed under Part 1 of Transport Act 2000

16 20Licensed air traffic services: modifying the licence and related appeals

(1) For section 11 of the Transport Act 2000 substitute—

11 Modification of a licence

(1) The CAA may modify a licence by modifying the licence conditions.

(2) Subsection (1) is subject to section 11B.

(3) 25The Secretary of State may modify a licence—

(a) by modifying any term specifying the period for which the
licence continues in force or any term by or under which that
period is determined;

(b) by modifying a prescribed term.

(4) 30In this section “prescribed” means prescribed in regulations made by
the Secretary of State.

11A Modification of licence: procedure

(1) Before modifying a licence in reliance on section 11, the modifying
authority must—

(a) 35publish a notice in relation to the proposed modification;

(b) send a copy of the notice to the persons listed in subsection (2);

(c) consider any representations about the proposed modification
that are made in the period specified in the notice (and not
withdrawn).

(2) 40The persons are—