Consultation outcome

Letter to Parliament about a new section to The Highway Code on self-driving vehicles, 25 April 2022

Updated 25 April 2022

The Highway Code

New section to The Highway Code (Self-driving vehicle) proposed to be made by the Secretary of State for Transport and laid before both Houses of Parliament on 25 April 2022 pursuant to section 38 of the Road Traffic Act 1988

Enclosed is a complete copy of The Highway Code. The alterations being proposed to The Highway Code can be found as a new section entitled ‘Self-driving vehicles’, in pages numbered 4 to 6.

The policy background can be found within the accompanying explanatory memorandum.

In accordance with section 38(3) of the Road Traffic Act 1988, where the Secretary of State proposes to revise The Highway Code by making any alterations in the provisions of The Highway Code (other than alteration merely consequential on the passing, amendment or repeal of any statutory provision) he must lay the proposed alterations before both Houses of Parliament and must not make the proposed revision until after the end of a period of 40 days beginning with the day on which the alterations were so laid.

Electronic copies of the government response to the consultation about automated vehicles can be found on GOV.UK.

If you require a hardcopy or an alternative format by contacting the Department for Transport at or in writing, addressed to the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR.

Alteration to The Highway Code Self-Driving Vehicles (new section)

The Highway Code Self-Driving Vehicles

By ‘self-driving vehicles’, we mean those listed as automated vehicles by the Secretary of State for Transport under the Automated and Electric Vehicles Act 2018. To check if your vehicle is self-driving, visit http://www.gov.uk/guidance/self-driving-vehicles-listed-for-use-in-great-britain.

These vehicles are capable of safely driving themselves when the self-driving function is correctly turned on and the driver follows the manufacturer’s instructions. While the vehicle is driving itself, you do not need to monitor it.

Self-driving vehicles differ from vehicles that are fitted only with assisted driving features (like cruise control and lane-keeping assistance). Assisted driving features can do some of the driving, but the driver still needs to be responsible for driving at all times. If you are driving a vehicle using only its assisted driving features, Rule 150 applies.

A self-driving vehicle’s ability to drive itself may be limited to certain situations or parts of a journey. Things like the type of road, time of day, weather, location and speed may affect this. You should follow the manufacturer’s instructions about when and how to use the self-driving function safely.

While a self-driving vehicle is driving itself in a valid situation, you are not responsible for how it drives. You may turn your attention away from the road and you may also view content through the vehicle’s built-in infotainment apparatus, if available.

But you must still follow all relevant laws

• you must be fit to drive (for example, you must be within the drink-drive legal limits and not be under the influence of drugs). See rules 90 to 96
• the vehicle must be road legal (for example, it must have an MOT certificate, if applicable, and it must be taxed and insured). The vehicle must be roadworthy (see rules 89 and 97; and annexes 3 and 6). You will also still be responsible for your passengers and anything else you are carrying (see rules 98 to 102)
• you must not do anything illegal – like using a hand-held mobile phone, or similar hand-held device. There are exceptions to this, which are set out in rule 149

If a self-driving vehicle needs to hand control back to the driver, it will give you enough warning to do this safely. You must always be able and ready to take control and do it when the vehicle prompts you. For example, you should stay in the driving seat and stay awake. When you have taken back control or turned off the self-driving function, you are responsible for all aspects of driving.

Laws RTA sections 2, 3, 4, 5, 5A, 14, 15 and AEVA section 1 and CUR regs 100, 104, 109 (as modified by the Road Vehicles (Construction and Use) (Automated Vehicles) Order 2022), 110.