UK Law Commission addresses remote driving ‘legal grey area’ and safety concerns

The Law Commission of England and Wales has highlighted remote driving as one of many “legal grey areas” and proposed both short-term and long-term reforms to ensure safety in its recently published advice to the government on regulating this rapidly developing technology.    

Ben Gardner of Pinsent Masons said the recommendations could help to “create certainty” as the current law neither prohibits nor expressly allows remote driving technology, which enables a person to drive a vehicle from a remote location. However, he predicted that it may take some time before the Law Commission’s proposals come to fruition.

“As with previous reviews, the aim of the Law Commission is to create greater certainty for industry, the public, law enforcement and other stakeholders so that it is clear when and how the technology can be used legally and safely,” said Gardner. “The Law Commission lays out a well-considered and pragmatic framework for what a future regulatory regime might look like for remote driving.”

One of the main reforms proposed by the Commission is a new statutory licensing scheme for companies deploying remote drivers beyond line-of-sight. Two separate licence categories are suggested under the proposed scheme: one for remote driving used as an add-on to self-driving; and another for independent remote driving which would be known as an “Entity for Remote Driving Operation” (ERDO).

“Organisations operating in this space should take note of the potential licensing scheme which has been proposed and the additional requirements that they may need to comply with in order to obtain and retain a licence to operate vehicles remotely,” said Gardner.

There is also scope for strict liability for companies operating vehicles remotely if they are involved in a collision. Remote driving companies could be subject to regulatory sanctions and prosecution in event of a collision, according to the paper, while victims should be protected by automatic compensation from insurers.

The Law Commission has proposed a ban on remote driving from overseas, citing the lack of enforcement powers internationally and safety concerns as its main rationale.

Short-term measures suggested by the Law Commission to urgently address gaps in the law include bringing in a new prohibition measure immediately on the use of remote driving technology where the driver is beyond line of sight, and imposing safety requirements for companies wanting to use remote driving without an in-vehicle safety driver through an application to the Vehicle Certification Agency.

“It should be noted that this is only a proposal at this stage. The onus is now on the government to take these proposals and develop them into law which will help mitigate current legal grey areas and create certainty for those operating in this space.  However, this will require the necessary bandwidth within the government at a time when it is also dealing with a cost of living crisis, energy security concerns, a war in Ukraine, and continued fall out from Brexit – so whether there will be any near term developments remains to be seen,” said Gardner.

The Law Commission’s advice on remote driving is largely modelled on its 2022 recommendations on autonomous vehicles (AVs), which the government has adopted as part of its plans to roll out self-driving cars by 2025.