Automated and Electric Vehicles Act 2018

JurisdictionUK Non-devolved
Citation2018 c. 18
Year2018
are in the Secretary of State's opinion designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves, andmay lawfully be used when driving themselves, in at least some circumstances or situations, on roads or other public places in Great Britain.by type,by reference to information recorded in a registration document issued under regulations made under section 22 of the Vehicle Excise and Registration Act 1994, orin 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.an accident is caused by an automated vehicle when driving itself on a road or other public place in Great Britain,the vehicle is insured at the time of the accident, andan insured person or any other person suffers damage as a result of the accident,an accident is caused by an automated vehicle when driving itself on a road or other public place in Great Britain,the vehicle is not insured at the time of the accident,because of section 144(2) of that Act (exemption for public bodies etc) , orbecause the vehicle is in the public service of the Crown, anda person suffers damage as a result of the accident,the automated vehicle,goods carried for hire or reward in or on that vehicle or in or on any trailer (whether or not coupled) drawn by it, orthe insured person (where subsection (1) applies) , orthe 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 of 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 or 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.an insurer or vehicle owner is liable under section 2 to a person (“the injured party”) in respect of an accident, andthe accident, or the damage resulting from it, was to any extent caused by the injured party,(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 due to the person's negligence in allowing the vehicle to begin driving itself when it was not appropriate to do so.software alterations made by the insured person, or with the insured person's knowledge, that are prohibited under the policy, ora failure to install safety-critical software updates that the insured person knows, or ought reasonably to know, are safety-critical.(2) But as regards liability for damage suffered by an insured person who is not the holder of the policy, subsection (1) (a) applies only in relation to software alterations which, at the time of the accident, the person knows are prohibited under the policy.(3) Subsection (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.software alterations made by an insured person, or with an insured person's knowledge, that were prohibited under the policy, ora failure to install safety-critical software updates that an insured person knew, or ought reasonably to have known, were safety-critical,(5) But as regards recovery from an insured person who is not the holder of the policy, subsection (4) (a) applies only in relation to software alterations which, at the time of the accident, the person knew were prohibited under the policy.“software alterations” and “software updates”, in relation to an automated vehicle, mean (respectively) alterations and updates to the vehicle's software;software updates are “safety-critical” if it would be unsafe to use the vehicle in question without the updates being installed.

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