What European Policymakers Need to Do Next to Unleash Autonomous Vehicles

Europe still leads, but the UK has a chance to pull ahead

Source: ChatGPT

The recent passage of the UK’s AV Act marks a significant milestone for AV police across Europe. The EU had a lead before, but the UK is catching up. Facing elections in both jurisdictions, policymakers have a real opportunity to seize the pole position.

Safety, Accessibility, Efficiency Benefits Around the Corner

If policymakers can help get AVs on the road, they can create far-reaching benefits for their constituents, improving road safety, accessibility, and efficiency.

AVs hold the promise of drastically reducing road accidents, the majority of which are caused by human error. These vehicles can operate without the common human distractions that lead to accidents, such as fatigue, intoxication, or inattention. A recent study by researchers at Waymo found that AVs were 85% less likely to be involved in a crash resulting in injury as compared to human drivers.

In addition to improved safety, AVs are poised to revolutionize mobility for individuals who are currently unable or choose not to drive, such as the elderly or disabled, thus enhancing their independence and quality of life. This promise also extends to those often excluded by traditional transport services, like people with guide dogs, members of the LGBTQ+ community or other types of more vulnerable passengers that are fearful of sharing a confined space with someone they have never met.

AVs can also significantly enhance transportation efficiency by optimizing traffic flow and reducing congestion. Advanced algorithms and real-time data processing allow AVs to select optimal routes, avoid traffic jams, and maintain steady speeds, thereby improving fuel efficiency and reducing travel time. AVs can operate continuously without the need for breaks, which increases the efficiency of logistics and public transport systems. The precise and consistent driving patterns of AVs also reduce wear and tear on infrastructure, leading to longer-lasting roads and reduced maintenance costs.

UK Shifts Enabling Legislation into Gear

The UK Automated Vehicles (AV) Act lays the groundwork for a comprehensive legislative framework designed to facilitate the safe and efficient integration of AVs into the UK’s transport system. The Act introduces several enabling elements into UK law:

1. Minimum Safety Standards: To be approved, AVs must meet or exceed the safety standards of careful and competent human drivers. This includes passing a rigorous self-driving test and complying with ongoing safety checks.
2. Legal Liability Clarity: The Act clearly distinguishes between “user-in-charge” (UiC) and “no-user-in-charge” (NUiC) technologies. In UiC vehicles, the human operator remains responsible for intervening when necessary, while in NUiC vehicles, the responsibility lies with the Authorized Self-Driving Entity (ASDE), typically the manufacturer or software provider.
3. Consumer Protection: To prevent misleading marketing, the Act ensures that only vehicles meeting stringent self-driving criteria can be advertised as autonomous, thus building public trust in AV technology.

The UK AV Act is also projected to create around 38,000 new jobs and attract significant investment into the UK economy, with self-driving cars expected on UK roads by 2027.

EU Needs to Shift into Gear

While the UK has established a fundamental framework with the AV Act, the European Union’s approach to AV regulation remains more fragmented. EU Implementing Regulation 2022/1426 on Vehicle Type Approval was an important milestone but the EU will not reap the benefits of having a true single market for AVs without more focus and drive.

Despite the EU’s Implementing Regulation, no company has actually sought and received AV approval. A big part of this is because there’s still a separate approval process in each and every EU Member State, creating fragmentation and disincentivising a bloc-wide go to market approach. In the meantime, the Commission continues to produce new, sometimes ambiguous and broad digital laws, that have over complicated compliance procedures.

Also, the EU has the world’s only numerical cap on the number of AVs that can be approved per year, and that number is far too low to make commercial AV deployment an attractive proposition (each manufacturer can only deploy a maximum of 1,500 vehicles per year per vehicle type).

The EU has made strides through initiatives like the Cooperative, Connected, and Automated Mobility (CCAM) strategy, which aims to harmonize regulations and promote AV technology across member states. However, the EU’s CCAM strategy is nearly a decade old, technology has advanced significantly since then, and the framework needs updating.

Other elements of EU law are even less detailed with respect to AVs, and more fragmented across Member States. For example, the EU’s General Safety Regulation (GSR) mandates advanced driver assistance systems (ADAS) for new vehicles but stops short of a unified approach for fully autonomous vehicles. The EU is currently working on regulations to allow Level 3 and eventually Level 4 autonomous vehicles, yet these efforts are still in developmental stages. This fragmented approach can hinder the uniform adoption and deployment of AV technology across Europe, potentially leaving the EU behind as the UK and other global players advance more rapidly.

With fresh EU Parliament elections and a new Commission taking the helm soon, one can hope that AVs will resurface on the agenda. European nations should prioritize harmonizing AV regulations, ensuring consistency across borders to facilitate innovation and deployment. This includes adopting clear safety standards, liability frameworks, and consumer protection measures similar to those outlined in the UK AV Act.

Fueling Progress for Tomorrow

The UK may have advanced its position, but the AV Act is more about enabling future legislation. A lot of work still needs to be done by the incoming Government in order to actually get AVs on the road. To fully realize the benefits of the AV Act, the next UK government must prioritize several key steps:

1. Maintain a Steady Course: AV companies that want to be active in the UK need to trust that the post-election Government will not radically depart from existing policies. Certainty and consistency will encourage the intense investment that AV deployment requires.
2. Accelerate Secondary Legislation: Implementing detailed secondary legislation is essential to operationalize the AV Act. This includes specifying safety standards, compliance protocols, and insurance frameworks.
3. Enhance Public Awareness and Trust: Public education initiatives about the benefits and safety of AVs are crucial for gaining widespread acceptance. Transparent communication and real-world demonstrations can help build public confidence.²
4. Collaborate with Industry Stakeholders: Continuous engagement with AV manufacturers, technology developers, and other stakeholders will ensure that the regulatory environment remains adaptive and responsive to technological advancements.

Focusing on these actions would be a good start, but there’s still a long way to go. If the EU focuses its agenda as well, it could be a pretty even race for AVs in Europe. But that would still just be a start to overtaking China and catching up to the US. In that respect, both the UK and the EU still have a long way to go.

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