Consultation outcome

Consultation outcome - allowing new forms of guided transport modes to be authorised by a Transport and Works Act Order

Updated 29 July 2022

Introduction

Under the Transport and Works Act 1992 (TWA) applications can be made for guided transport schemes in England and Wales.

Presently ‘guided modes’ only relates to physically guided transport schemes, such as those guided by cables or tracks.

Changes in technology mean that transport systems can now be guided by non-physical means. This might cover simple sensor systems that detect paint or other road markings to direct a vehicle, or more complex sensor systems which read the surrounding environment to direct a vehicle.

Therefore, a change in TWA legislation is required to expand the application of the TWA regime to provide a consenting route for transport schemes using non-physical guidance systems. The change will support innovation and allow for the deployment and use of new and more advanced technologies.

What we consulted on

Section 1 of the TWA allows for orders to be granted in relation to the construction or operation of a transport system for one of the following transport systems:

• a railway
• a tramway
• a trolley vehicle system
• a system using a mode of guided transport prescribed by an order made under section 2 of the TWA in England and Wales

Section 2 of the TWA allows the Secretary of State to make an order to prescribe other modes of guided transport systems that can be authorised by a TWA Order. These guided transport modes are set out in the Transport and Works (Guided Transport Modes) Order 1992 (‘Guided Modes Order’).

Article 2 of the Guided Modes Order sets out what these prescribed modes are with an interpretation of these modes set out in article 3. What is common to all the currently prescribed guided transport modes systems is that they are guided through physical means. Download the Guided Modes Order.

From 31 March to 12 May 2022, the Department for Transport (DfT) sought the views of stakeholders on a proposed change to the Guided Modes Order.

What we proposed

We proposed that the wording in articles 2 and 3 of the Guided Modes Order is amended to include the following text:

Article 2

• road based with sensor guidance
• track based with sensor guidance

Article 3

“road based with sensor guidance” means a mode in which the vehicles are—

a) capable of operating on a road; and

b) guided wholly or mainly by means of sensors on the vehicles which, by reference to the vehicles’ external environment or to the receipt of electromagnetic information, provide data which is used to guide the vehicle.

“track-based with sensor guidance” means a mode in which the vehicles are:

a) supported by means of a track or other structure not being a road

b) guided wholly or mainly by means of sensors on the vehicle which, by reference to the vehicles’ external environment or to the receipt of electromagnetic information, provide data which is used to guide the vehicle

“electromagnetic” includes radio waves, microwaves, infrared, visible light, ultraviolet, X-rays, and gamma rays.

Responses received

Number of responses	Type of respondent
7	Councils / transport authorities
3	Urban transport and tram bodies
1	Bus company
2	Engineering bodies
2	Legal firms/ parliamentary agents
1	Individual
16	Total responses received

Consultation response and government decision

Overall we received positive support from respondents to the consultation. The legislative change proposed received wide support.

It is, therefore, our intention to proceed with this proposal. The proposed order is subject to the affirmative resolution procedure, and it is our intention to lay the draft order before both Houses of Parliament by the end of 2022. The draft order will need to be debated and approved in both Houses of Parliament. The draft order cannot come into force until approved by both Houses. Once the order is in force, it will allow the Secretary of State or the Welsh Government to approve TWA Orders for modes of guided transport systems for schemes using non-physical guidance systems.

The responses to questions we posed in relation to this legislative change are set out below.

The government response should be read in consultation with the corresponding consultation document.

Question 1a – Do you support or oppose a legislative change to allow for non-physical guidance systems to be authorised under the TWA? Support/Oppose

Responses

Of the 16 responses, 15 supported the proposed legislative change. There was one neutral response that neither supported nor opposed the proposed change.

Question 1b – If you oppose the above, please provide reasons for that view?

Responses

The one response that neither supported nor opposed the proposed legislative change set out that the consultation did not specify the limitations on the new technology that could be deployed though this amendment, including speed limits for non-physical guidance systems.

Government’s conclusion

See ‘Government’s conclusion’ to question 3(b) in this document.

Question 2a – Is the proposed legislative change highlighted in bold under the heading entitled ‘Specific Change Proposed’ sufficient or not sufficient to capture all forms of non-physical guided transport systems that are currently on the market or close to being placed on the market? Sufficient/Not sufficient

Responses to consultation

15 responses considered the legislative change to be sufficient.

Question 2b - If not sufficient, please specify what more you consider might be needed together with any necessary explanation or information in support?

Responses to consultation

One response set out that there is a risk with new technology that the range of options presented will become out of date. It suggested that the definition of “electromagnetic” be amended to “includes but not restricted to radio waves, microwaves, infrared, visible light, ultraviolet, X-rays, and gamma rays”.

Government’s conclusion

Regarding the proposed amendment to the definition of “electromagnetic”, the government considers that such definition needs to be prescriptive and reflect technology that is currently known and available or could be in the near future. No other responses suggested that the definition should be amended.

Following further internal legal consideration, we have suggested the definition of electromagnetic be changed to say “electromagnetic information means information that is conveyed by some kind of radiation including radio waves, microwaves, infrared, visible light ultraviolet, x-rays and gamma ray” as it covers how the information is conveyed to allow the vehicle to be guided. The government, therefore, intends with this alteration to proceed with the legislative change as set out in the consultation document.

Question 3a – Do you have any safety concerns about authorising the use of new technology involving non-physical guidance systems via a TWA? Yes/No

Responses to consultation

15 responded to this question. Of these, 11 of the responses had no safety concerns.

Question 3b - If you do have safety concerns can you provide an explanation regarding these concerns?

Responses to consultation

Concern was raised about legislative provisions relating to non-physically guided technology. Concerns included a lack of prescribed speed limits for non-physical guidance systems.

Only limited regulations and standards currently apply to systems that are guided by optical and electronic means and those regulations or standards that do exist only cover a very limited aspect of safety. There was concern that non-physical guidance cannot be relied upon for guidance under all circumstances, such as bad weather, which can result in the occasional loss of electromagnetic contact.

One response advocated that non-physically guided systems and physical guided buses should come under the Railways and other Guided Transport Systems (Safety) Regulations 2006 (ROGS) and be regulated by the Office of Road and Rail, as with trams and light railways, and that they should be subject to the same safety regime.

Some responses considered that there were sufficient safety provisions already in place to ensure transport systems using non-physical guidance will be both safe and adequately regulated. This included highlighting that the TWA does not provide safety assurances which would be subject to additional scrutiny through other mechanisms.

It was also highlighted that scheme promoters would remain responsible for demonstrating the viability, safety efficacy or other benefits of their proposals, including compliance with any relevant legislation.

One response proposed that any update to the legislation to accommodate such systems within the TWA should include a requirement for the system to also follow applicable standards (or potentially a more generic requirement to follow ‘best practice’) with regards to safety assurance of automotive driver assistance and automation systems.

Government’s conclusion

In relation to speed limits, for any order for a specified route, the applicant can impose a speed limit as part of their order, and there will be an opportunity for the public to comment on individual proposals brought forward including relevant local authorities.

Further, vehicles operating on the public road, even if only for part of the route, would have to comply with the requirements of road traffic legislation, including speed limits.

Regarding the technology itself, at present, guided busways or any other road-based system of guided transport, the health and safety executive is the enforcing authority in relation to the construction and operation of these systems.

The government’s Centre for Connected and Autonomous Vehicles (CCAV) is reviewing legislation on the use and operation of self-driving motor vehicles on public roads or in other public places. The government recently announced a Transport Bill that will introduce legislation for self-driving vehicles, aimed at clearly assigning legal responsibilities.

CCAV is also currently considering the potential of automated vehicle technology on segregated infrastructure as an alternative mass transit solution. This work will consider potential regulatory frameworks that could apply to such systems and services.

Concerning the government bringing guided buses within ROGs, this is outside the scope of this consultation.

Overall, government notes the concerns around safety. The TWA is a consenting route and is not intended to provide safety assurances. The government is however satisfied that the safety of the vehicles that may operate on a scheme consented via a TWA Order will be addressed by other provisions outside of the TWA regime.

Question 4 - Please provide any other comments you may have regarding the use of non-physical guidance systems or the proposed changes to the Guided Modes Order?

Responses to consultation

Support was given for the change as the current legislation impedes implementation of technologies which are operational in Spain, France, Japan, and China. Consequently, it was felt that the ability to optimise UK urban transit systems and for UK business to lead the market for such opportunities is currently lost.

Some responses highlighted other areas of the TWA legislation and guidance that could be amended. This was in relation to funding, transport and regeneration, serving of documents electronically and timescales for decisions.

One response set out there is a potential overlap in the existing article 3 of the Guided Modes Order between “road base with cable guidance” and the proposal for the new article 3 “road based sensor guidance” in that cable guidance would require sensors on the vehicle to pick up signals from the cable so also falling under the definition of sensor guidance.

This could give rise to confusion as to which category a vehicle falls into, which could be exploited to raise doubts about which safety regime applies. Another response indicated additional wording to article 3 to the term non-physical guidance to allow for a driver to be present in the initial phases of testing or commissioning.

Government’s conclusion

Government acknowledges the request to make other changes to TWA legislation and guidance however, this is outside the scope of this consultation.

With regard to there being a potential overlap between the existing article 3 of the Guided Modes Order “road base with cable guidance” and the proposal for the new article 3 “road based with sensor guidance”, it will be for applicants to decide and justify why a particular transport system applies to their scheme and there will be an opportunity for the public to comment on this, if they disagree, as part of the process for considering the application.

The proposed amendment provides a consenting route under the TWA regime for transport schemes that wish to use non-physically guided transport systems. The modes of guided transport systems that may be consented under the TWA regime relate to the transport system itself and makes no distinction whether there is a driver or not.

Where in due course a mode of guided transport system uses fully autonomous vehicles, that is, driverless vehicles using non-physical forms of guidance, such vehicles will need to ensure compliance with the requirements of relevant legislation relating to the use of autonomous vehicles.

Consultation principles

This consultation has been conducted in line with the government’s key consultation principles.

If you have any comments about the consultation process, contact:

Consultation coordinator

Department for Transport

Zone 4/7 Great Minster House

London SW1P 4DR

Alternatively, you can email consultation:dft.gov.uk