Car makers face ‘self-driving’ marketing restrictions in Britain

The UK government has laid new regulations prescribing the use of eight terms – including ‘autonomous’, ‘driverless’, and ‘self-driving’ – as subject to new marketing restrictions. The terms will only be able to be used by manufacturers of automated vehicles (AVs) that have been authorised or listed as able to safely and legally drive themselves.

The rationale for the restrictions was outlined in a recent policy paper published by the Department for Transport (DfT). It said there is a “crucial” distinction between self-driving/automated driving systems (ADS) and advanced driver assistance systems (ADAS), justifying the new marketing restrictions.

“Government considers that the use of terms to market ADAS that oversell or mislead as to their capabilities undermines trust in both ADAS and AVs, inhibiting the development and uptake of these beneficial technologies,” the DfT said.

“Protecting certain terms for authorised self-driving vehicles will provide businesses with clear parameters around how to market driving automation technologies to consumers, which mitigates against the risk of confusion, misunderstanding or over-reliance. This, in turn, will help build public trust and confidence in both driver assistance technologies and true self-driving vehicles and drive future adoption, innovation and growth,” it added.

The Automated Vehicles Act 2024 empowers the DfT to create an authorisation regime for “autonomous features” to be used in vehicles on British roads. The government has set out its intention to implement the Act in 2027.

The regulations are expected to come into force on 7 January 2027. They will apply where the prescribed terms are used to describe a vehicle as a whole, or the overall driving functionality or capability of a vehicle.

Laura Ayre of Pinsent Masons, who advises automotive businesses on matters relating to connected and automated vehicles, said: "These regulations reflect a challenge I see on both sides of the industry. Manufacturers of vehicles with advanced driver assistance features have, in some cases, used terminology that blurs the line between assisted and truly autonomous driving, and that creates real safety and liability risks. At the same time, companies developing genuinely self-driving technology need consumers to understand and trust the distinction.”

“By reserving terms like 'autonomous' and 'self-driving' for vehicles that have been through the authorisation process, the government is giving the industry a clearer framework, but businesses will need to review their marketing materials carefully ahead of January 2027 to ensure compliance, particularly where legacy branding or product naming conventions may fall foul of the new restrictions,” she said.