The Law Commission of England and Wales has published a paper seeking views on the need and options for regulating remote driving on public roads.

This is technology that enables an individual to drive a vehicle from a remote location. This already exists, operating in controlled environments such as warehouses, farms and mines, it says.

Not in the driving seat

However, the new paper considers how the existing legal framework applies to public roads. It focuses on remote driving where the driver does not have full line of sight. Driving machines could be carried out from  remote operations centres many miles from the vehicle.

Nicholas Paines QC, public law commissioner, says: “We hope our issues paper can contribute to a healthy debate about the appropriate regulation of this technology and what can be done to maximise protection of road users while encouraging innovation.

“We look forward to hearing views on the challenges and possible ways to solve them.”

Seeing the dangers

The Commission suggests there are many safety challenges, including:

  • Connectivity – ensuring reliable connection between the remote driver and vehicle, mitigating safety risks if connectivity is lost?
  • Situational awareness – how drivers remain aware of their surroundings through a screen without (for example) the “feel” of acceleration?
  • Keeping remote drivers alert – reducing the risk of fatigue, motion sickness and distraction.
  • Cybersecurity: preventing unauthorised takeover of vehicles.

The Law Commission highlights uncertainties and risks in the way current legislation applies to remote driving. For example, should it be legal to drive vehicles remotely from abroad?

Looking to others

The Law Commission’s paper reviews of domestic legislation and a look at how other countries regulate remote driving. Countries being studied include Japan, Germany, Finland, the United States and Australia.

It builds on work started in 2018. The Scottish Law Commission is constructing a new legal framework to enable self-driving vehicles.

Long arm of the law

“Remote driving could see the novelty of controlling a child’s toy evolve into a legal form of transport,” says Jack Cousens, head of roads policy for the AA. “James Bond gave the world a peek into the future in 1997, the real world has finally caught up with those silver screen ambitions.

Cousens believes “extensive testing, tough regulation and a conversation that brings the public along for the journey” is neccessary.

“While not wishing to stand in the way of progress, most drivers just want the basics solved, such as keeping roads pothole free.”

Automating the future

The Law Commission investigation comes from a request by the UK Government’s Centre for Connected and Autonomous Vehicles and Department for Transport. It reviews the legal status and reform options for remote driving.

This builds on Law Commission work in the field of automated vehicles. This is a joint report with the Scottish Law Commission, containing recommendations for UK Government to make changes to legislation enabling the deployment of automated vehicles on British roads.

The Law Commissions are seeking views on the issues paper until September 2, 2022. The Commission will use the feedback provided to draft advice for UK Government on reform options for remote driving by January 2023.