Legal barriers stand in the way of testing driverless vehicles, Government warned

The Transport Systems Catapult Lutz pod is one autonomous vehicle being trialled in Greenwich

The Transport Systems Catapult Lutz pod is one autonomous vehicle being trialled in Greenwich

Legal barriers stand in the way of testing autonomous vehicles despite a code of practice the Government issued for testing the new technology.

Law firm Pinsent Masons highlights that the new code makes clear that autonomous vehicle testers must "observe the road traffic laws that apply when vehicles are used in public places that are not public roads". Pinsent Masons' Ben Gardner says: "Under the Road Traffic Act of 1988 it is an offence to drive a 'mechanically propelled vehicle' anywhere other than on a road without 'lawful authority'.

Government-backed testers may need a range of permissions from different stakeholders to carry out testing on footways, such as from local councils, residents, businesses and the police, Gardner says. "However, even if lawful authority is obtained, testers could still held to be committing an offence. Under the Highways Act of 1835, it is an offence to 'wilfully ride upon any footpath... set apart for the use of foot passengers,' [so] having 'lawful authority' under the RTA would not overcome this.

"The effect of this legislation is that it could place a significant barrier on the testing of new intelligent mobility technology that has the potential to revolutionise transport. The Government wants the UK to become a centre of excellence for autonomous vehicles testing. It must accelerate efforts to update primary legislation to make it easier for such testing to take place."

Until primary legislation is changed - with a Government policy unit responsible for driving change here, Gardner stresses - he suggests "a creative approach" including potentially requesting that certain footways or public areas are re-designated as roads or to use experimental orders as a short-term way of allowing testing to take place.