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THE AUTOMATED and ELECTRIC VEHICLES ACT 2018
CHAPTER 18 [19th July 2018]
PART 1 Automated vehicles: liability of insurers etc.
4 Accident resulting from unauthorised software alterations or failure to update software
(1) An insurance policy in respect of an automated vehicle may exclude or limit the insurer’s liability under section 2(1) for damage suffered by an insured person arising from an accident occurring as a direct result of —
(a) software alterations made by the insured person, or with the insured person’s knowledge, that are prohibited under the policy, or
(b) a failure to install safety-critical software updates that the insured person knows, or ought reasonably to know, are safety-critical.
(2) But as regards liability for damage suffered by an insured person who is not the holder of the policy, subsection (1)(a) applies only in relation to software alterations which, at the time of the accident, the person knows are prohibited under the policy.
(3) Subsection (4) applies where an amount is paid by an insurer under section 2(1) in respect of damage suffered, as a result of an accident, by someone who is not insured under the policy in question.
(4) If the accident occurred as a direct result of —
(a) software alterations made by an insured person, or with an insured person’s knowledge, that were prohibited under the policy, or
(b) a failure to install safety-critical software updates that an insured person knew, or ought reasonably to have known, were safety-critical, the amount paid by the insurer is recoverable from that person to the extent provided for by the policy.
(5) But as regards recovery from an insured person who is not the holder of the policy, subsection (4)(a) applies only in relation to software alterations which, at the time of the accident, the person knew were prohibited under the policy.
(6) For the purposes of this section —
(a) “software alterations” and “software updates”, in relation to an automated vehicle, mean (respectively) alterations and updates to the vehicle’s software;
(b) software updates are “safety-critical” if it would be unsafe to use the vehicle in question without the updates being installed.
THE AUTOMATED and ELECTRIC VEHICLES ACT 2018
Introductory Text
PART 1 Automated vehicles: liability of insurers etc
1. Listing of automated vehicles by the Secretary of State
2. Liability of insurers etc where accident caused by automated vehicle
3. Contributory negligence etc
4.
Accident resulting from unauthorised software alterations or failure to update software
5. Right of insurer etc to claim against person responsible for accident
6. Application of enactments
7. Report by Secretary of State on operation of this Part
8. Interpretation
PART 2 Electric vehicles: charging
Introductory
- 9. Definitions
Requirements and prohibitions
10. Public charging or refuelling points: access, standards and connection
11. Large fuel retailers etc: provision of public charging or refuelling points
12. Duty to consider making regulations under section 11(1)(a) on request by elected mayor
13. Information for users of public charging or refuelling points
14. Transmission of data relating to charge points
15. Smart charge points
General and supplementary
16. Enforcement
17. Exceptions
18. Regulations
19. Report by Secretary of State on operation of this Part
PART 3 Miscellaneous and general
20. Minor and consequential amendments
21. Commencement
22. Extent
23. Short title
SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS
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