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Technology which allows vehicles to be driven remotely should be made subject to new regulations, according to a review.
The Law Commission has published advice for the UK Government, having been commissioned by the Department for Transport and the Centre for Connected and Autonomous Vehicles to look into the matter.
It has called for both short-term changes to the law to respond to emerging safety concerns, and a new regulatory regime to govern remote driving on roads in the longer term.
The review considers remote driving where the driver does not have direct line of sight of the vehicle and may be in an operations centre many miles away. This could involve the driver using several screens and a control system to direct a vehicle on the road.
Potential applications of the technology are said to include delivering rental cars to customers, and trialling fully self-driving vehicles.
Safety challenges considered in the review include establishing reliable connectivity, driver situational awareness, a possible sense of detachment from the physical world, and cybersecurity - such as the threat of a terrorist seizing control of a vehicle. It concludes that remote driving on roads and public places should only be allowed if companies obtain special permissions.
It also considers who may be liable in the event of an accident with remotely driven vehicles, concluding that all victims should be protected by automatic compensation from insurers. While individual remote drivers would be responsible for their driving in the same way as in-vehicle drivers, they would not be liable for any faults beyond their control, such as those due to connectivity problems.
In its recommendations, the Commission notes that current laws do not expressly prohibit remote driving technology, and says clarification is urgently required, including potentially an immediate prohibition measure. It says companies wanting to use remote driving on roads could submit a safety case to the Vehicle Certification Agency and apply for a vehicle special order, which could apply either to individual vehicles or to fleets.
Longer-term, it calls for a new regulatory system to govern remote driving, with organisations able to obtain a licence subject to safety standards.
However, it says a complete ban on remote driving from overseas would be justified, given the lack of enforcement powers that would apply.
Public law commissioner Nicholas Paines QC said: "Remote driving is an exciting technology, but before we see remotely operated cars on UK roads, we must address safety concerns through strong regulation.
"Our advice concludes that in the immediate term, the government would be able to address some gaps in the law around remote driving using existing powers, while also providing a path for companies to use the technology lawfully provided that their systems are safe. In the longer term, it could set up a full system of remote driving regulation.
"Regulations must respond to other fundamental concerns around security threats and liability in the event of an accident. Our advice paper sets out a roadmap for how the government can address these problems, whilst also encouraging companies to innovate."
Transport Minister Jesse Norman said: "Remote driving is already being successfully used off-road in several industries and has huge potential to provide new services and safety features for road vehicles.
"The government needs to ensure that safety is at the forefront of the use of any new technology, and the department will carefully consider the Law Commission's recommendations."
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