The Government has recently (18th August) launched a consultation on the Automated Lane Keeping System (ALKS) capable of taking vehicle control to make driving safer and easier.

The Government state that they are seeking views to understand if ALKS technology is compliant with the definition of automation under the Automated and Electric Vehicles Act 2018. This act requires that the vehicle be capable of safely and lawfully driving itself without being controlled and without needing to be monitored, when in automated mode.

The question as to whether vehicles using this technology should be legally defined as an automated vehicle, is an important one as it would mean the technology provider would be responsible for the safety of the vehicle when the system is engaged, rather than the driver.  Although under the amendments made to the Road Traffic Act means that the motor insurer would carry an obligation to settle any liability a right of recovery would then exist for that insurer or compensator to seek a subrogation against the technology provider.  The Government are also required to consider the contents of the Highway Code as well as other factors that will potentially bring dispute between driver behaviour and the technology deployed.

This For the first time, responsibility for the driving task will be divided between the driver and the Automated Driving System as the current ALKS Regulation, being a technical regulation, specifies nothing about driver behaviour, the Government as a minimum has stated that;

• The driver must clearly understand what their responsibilities are when the automated driving system (ADS) is engaged (and when it isn’t);
• The driver must not be unfairly held responsible for the ADS not behaving appropriately (e.g. stopping unjustifiably without warning) when it is engaged;
• The driver must take back control of the vehicle when requested thereby minimising occasions and duration when the vehicle stops in lane;
• The legal responsibilities and expected behaviours of a driver and others in relation to ADAS and ALKS must be clear;
• The process for listing a vehicle as automated under the Automated and Electric Vehicles Act 2018 (AEVA) is clear, and manufacturers understand how to appropriately register a vehicle on the DVLA database.

Technology providers are required also to consider and comment on;

• Driver availability recognition system
• System Override & Driver Attentiveness
• Emergency manoeuvre
• Data Storage 

There is an ambitious time frame put forward with commentary around April 2021 being a potential date for when the technology could be deployed, however the many elements within the required legislation, social understanding and legal liability framework would suggest this date to be more than extremely optimistic. With the consultation set to close at the end of October.

The full publication can be found via the link below and GB will continue to give updates as and when they materialise.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/909831/safe-use-of-automated-lane-keeping-system-alks-call-for-evidence.pdf