Aftermarket March 2022

MARCH 2022 AFTERMARKET 11 www.aftermarketonline.net for the accuracy of the information supplied and could face prosecution if it is incorrect or incomplete. Other senior managers could also be liable if they consented or connived at the offence.” Significant step Thatcham Research was part of the consultation for the Law Commissions’ report. Chief Research Strategy Officer Matthew Avery commented: “The transition to safe introduction of automation with self-driving capabilities is fraught with risk as we enter the early stages of adoption. The report is a significant step, as it provides important legal recommendations and clarity for the safe deployment of vehicles with self-driving features onto the UK’s roads.” He continued: “In the next 12 months, we’re likely to see the first iterations of self-driving features on cars on UK roads. It’s significant that the Law Commission report highlights driver’s legal obligations and they understand that their vehicle is not yet fully self-driving. It has self- driving features that, in the near future, will be limited to motorway use at low speeds. “The driver will need to be available to take back control at any time, won’t be permitted to sleep or use their mobile phones, the vehicle won’t be able to change lanes and if the driver does not take back control, when requested, it will stop in lane on the motorway. It is critical that early adopters understand these limitations and their legal obligations. “To ensure clarity around system capabilities and responsibilities there must be a clear separation between assisted driving, where the car supports the driver, and self- driving capability, where the car is responsible for the entire driving task. As such, we applaud the recommendations that compel carmakers to use appropriate terminology when marketing these systems, to prevent motorists from becoming convinced that their car is fully self-driving, when it is not.” “Strong, independent safety assurance to build societal confidence, working in tandem with fast-moving and clear regulation is also essential to facilitating consumer understanding and adoption. It’s therefore reassuring to see that safety assurance, along with clarity around the driver’s responsibilities and liability should a collision occur, are key tenets of the Law Commissions’ report. “The Law Commissions recommends that there must be access to data to understand fault and liability when a crash does occur. This will ensure rapid and efficient compensation, and the data will also allow car makers to identify where and how self-driving features can be improved to enhance future safety “The insurance industry and the ABI have been working with the Law Commissions for several years, and we look forward to continuing to work with carmakers and the UK government to ensure the safe deployment of vehicles with self-driving capability.” Sharp focus VMs and drivers seem covered, but what about repairers? The situation could get complicated for the sector, as IMI CEO Steve Nash observed: “The recent joint report by the Law Commission of England and Wales and the Scottish Law Commission has recommended that driverless car users would be exempt from prosecution if something goes wrong with the automation. The law reforms being proposed suggest that the onus will be on the vehicle manufacturer when a vehicle is operating in fully autonomous mode.” Steve continued: “Sounds simple? But, as ever, the devil is in the detail and there are many shades of grey in this proposal which, for the IMI, brings into very sharp focus the absolute imperative of verifying technician competence right the way through the supply chain.” The issue of accountability is still up in the air, and Steve thinks he knows where it will land if the VMs have their way: “While the evolution of autonomous vehicles is undoubtedly going to be led by the OEMs, will they really want the buck to stop with them whenever there is an accident? Inevitably there will be questions about how the vehicle was maintained and whether it was operating fully within the manufacturer’s specifications. That, I believe, means manufacturers will want reassurance that anyone working on autonomous vehicles can provide evidence of up-to-date competence and qualifications for the technology, right down to the specific make and model.” Fundamental role Technicians having the right skills, and businesses being able to get them trained will be paramount in this brave new world, as Steve observed: “It’s a big issue for the aftermarket sector. Repairers and their employers will want to be sure that they are not leaving themselves open to risk of any claims being directed at them, which is where IMI TechSafe comes in. It is already providing the benchmark for industry-wide recognition for electric vehicle competence. It is also playing a fundamental role as ADAS technology, the forerunner to fully-autonomous, evolves.” Luckily, there is already a framework to go on, as Steve pointed out: “The Thatcham Insurance Industry Requirements have given insurers established requirements for the safe repair of vehicles with advanced driver assistance systems (ADAS). In the next 12 months, we’re likely to see the first iterations of self- driving features on cars on UK roads ”

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