the negotiator
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Searching for the Holy Grail – but who’s driving the car?
Automated Vehicles Act that clarifies HE LAW COMMISSIONS OF and sets out new laws relating to AVs. In England and Wales, and addition, the “driver”, if there is one, will not Scotland have issued a report be liable where the vehicle is in automated on the legislation required for driving mode. In such a situation, drivers autonomous vehicles (AVs), imaginatively are to be considered as “users in charge” or titled ‘Automated Vehicles: joint report’. some similar description. This report has clarified a number of Where AVs are authorised for use definitions relating to AVs. The main without a user-in-charge, such as a when item currently in the news regarding the Dennot Nyack used as a minicab or hackney carriage, publication was that “victims who suffer The union view responsibilities for overseeing the journey injury or damage will not need to prove that from our GMB will be undertaken by an organisation anyone was at fault. Instead, the insurer will representative described as a licensed “no user in charge” compensate the victim directly.” But I believe operator (NUICO). Presumably this means that the report is wider in its scope and companies such as Uber and can be extended to vehicle recommendations, so let me examine them. manufacturers too. In 2018 I wrote about a presentation on AVs The Commissions go on to state that if, in such a delivered by Christian Wolmar, the award winning situation, the AV were to meet with an accident or transport specialist writer and broadcaster. As I was a other serious event, the vehicle must be backed by an professional licenced private hire driver at the time, this Authorised Self-Driving Entity (ASDE). Such events subject was close to my heart and pocket. would be dealt with as a regulatory issue to be resolved Up to then Uber and other minicab companies were between the NUICO and the ASDE. The emphasis here, touting to their investors that AVs were the ‘Holy recommended by the report, would be on understanding Grail’ that would bring huge profits. Since then, what happened and applying that learning to improve numerous court cases, the death of Elaine Herzberg future safety. by an autonomous Uber car in Phoenix, Arizona, and In 2018 Christian Wolmar stated that the technology the slowdown of research in this area has seen this is “nowhere near there”, a view I disagreed with at the destination to profit remain on the horizon. time and still do. (I’m with Mr Wolmar – Ed). I believe that AVs are coming. In what form and I believe that AVs are on their way, sooner rather than by when is not known. How their arrival will affect later. The Commission’s detailed report is part of the professional drivers also remains unclear. Accident legal and technical ecosystem designed to pave the way liability is one of the inhibiting factor that have to be for the arrival of AVs, whenever they emerge. considered by all minicab companies that seek to use Needless to say professional & black cab drivers and AVs, whether they are the local firm based next to the their unions will need to prepare for the introduction of kebab shop on the high street or the international such vehicles. What precisely such preparedness will behemoth occupying the top floors of a tower block in look like is unclear. Docklands. The Law Commissions made a number of —Dennot Nyack recommendations to government for the introduction of AVs. An AV is defined by law as one “operating in a mode n Dennot is a AGM trade union member and was a in which it is not being controlled, and does not need to former representative of the GMB’s professional be monitored, by an individual.” drivers. He is also an author and broadcaster with The main points of the report are to propose the a strong knowledge of the private hire industry responsibilities between the various groups and and an equality and diversity specialist. individuals responsible for the operation of AVs. For email: dennotnyack@yahoo.com example, it proposes the introduction of a specific mobile: +44 0740 625 276
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