NAA Member News: Brabners – Driverless cars are coming to Britain, but who is responsible when no one is behind the wheel?
With Waymo’s planned launch of driverless vehicles in London signalling a major step forward for autonomous mobility, Brett Cooper, Partner in the corporate team at purpose-led law firm Brabners, highlights the key legal considerations for the UK’s automotive firms.
American tech giant Waymo’s plans to launch driverless cars in London in September are a clear signal that autonomous vehicles are becoming a commercial reality.
The opportunity is clear, with autonomous vehicles bringing the potential to help ease driver shortages and road traffic while supporting more efficient logistics processes. However, they also bring understandable concerns around passenger safety and public trust.
And with all signs indicating their growing commercial viability, automotive businesses across the spectrum – from manufacturers and suppliers to road transport businesses – will need to keep a keen eye on the legal and commercial frameworks surrounding the technology.
Liability and accountability
One of the most difficult issues is where liability sits when something goes wrong.
In a conventional vehicle, responsibility is usually easier to trace. There is typically a driver in control, a clear chain of events and established rules for assessing whether human error or vehicle condition caused the incident.
Autonomous vehicles make that picture more complicated. Fault may come from the vehicle itself, the software guiding it, the data it relies on or the way it has been monitored and maintained. A failed sensor or a flawed update could involve several businesses, not just the person using the vehicle.
The issue is even more complex for larger commercial vehicles. Buses, coaches and HGVs are already subject to strict safety and maintenance requirements, such as regular brake testing and roadworthiness checks. As autonomous systems become part of how those vehicles operate, businesses will need to understand who is responsible for checking the technology as well as the physical vehicle.
Remotely operated vehicles add another layer. If a vehicle is controlled off-site, liability may not sit neatly with the person at the controls. Technology providers and deployment partners could be drawn in too, depending on what caused the incident.
The UK has taken an important step with the Automated Vehicles Act 2024, which establishes the legal framework for authorising automated vehicles and creates concepts such as authorised self-driving entities. However, the framework is still developing, with secondary legislation and implementation details expected to shape how the regime works in practice.
Data, contracts and control
Data is another key consideration. Autonomous vehicles will generate significant volumes of actionable information, from operational and diagnostic performance to mapping and even potentially personal data. This data will be central to how they are monitored, maintained and improved.
For manufacturers and suppliers, data rights should be agreed at the outset. Contracts should set out who can access the data, how it can be used and what security or privacy obligations apply. Retrofitting those provisions later is likely to be more difficult, particularly where several parties are involved.
Contracts will also need enough flexibility to keep pace with the technology. Specifications and compliance requirements may change during the life of a project. Clear change control processes can help businesses manage those changes without creating unnecessary disputes.
Future-proofing
The next phase of autonomous mobility will not be shaped by passenger cars alone. In Cambridge, the Connector autonomous bus trial is exploring how self-driving buses could support public transport, while Sunderland’s NEAA-led V-CAL project has already demonstrated autonomous and teleoperated logistics using a 40-tonne truck.
For manufacturers and road transport businesses, the opportunity is significant. Autonomous vehicles could help ease workforce pressures, improve efficiency and create technical roles that attract a new generation into the sector.
The test is not only whether the technology works, but whether businesses are ready for the legal and commercial issues that come with it.
At Brabners, we are helping businesses navigate these issues, from reviewing commercial contracts and liability frameworks to advising on governance, supply chain risk and regulatory change. For more information or to discuss how Brabners can support your business through the transition to autonomous vehicles, contact Brett Cooper at brett.cooper@brabners.com.
