Part 2: Criminal liability for vehicle use Chapter 1: Legal position of the user-in-charge Section 48: Exceptions from immunity
This section specifies situations where the user-in-charge immunity in section 47(1) does not apply.
	Subsection (1) explains that the user-in-charge immunity ceases to apply when the period for responding to a valid transition demand issued by the vehicle expires. As defined in section 7(2), a transition demand is a demand for the user-in-charge to assume control of the vehicle by the end of a period of time beginning with the communication of the demand. The vehicle will issue a transition demand when situations arise which require human intervention, for example when leaving the road type on which a self-driving feature may be engaged. The consequence of the immunity ceasing at the end of the transition period is that the driver is responsible for the outcome of not taking back control when properly requested to do so. section 7(3)(d) ensures that the vehicle communicates to the driver when the transition period has ended.
	Subsection (2) ensures, however, that the driver is not liable if the vehicle does not behave in accordance with agreed authorisation requirements regarding how it will handle situations where the user-in-charge does not take control within the transition period. The subsection clarifies that the cessation of the immunity following a transition demand does not apply if the act causing the offence is committed by the vehicle behaving unpredictably and in breach of agreed authorisation requirements.
	Subsection (3) provides that the immunity does not apply in relation to parking offences or offences arising from the position where the vehicle is stopped or left stationary where the user in charge has voluntarily left the vehicle. This clarifies that it is the user-in-charge’s responsibility upon leaving the vehicle to ensure that it is parked or stopped lawfully.
	Subsection (4) provides that the immunity does not apply in relation to offences arising from the vehicle’s entering or remaining on a particular road or other area without a required toll or charge being paid. This clarifies that the user-in-charge will need to verify whether the route followed incurs any toll or charges.
	Subsections (5) and (6) clarify that the immunity in section 47(1) does not apply to an offence that has arisen when the vehicle is driving itself outside of an authorised location or circumstance due to deliberate interference with vehicle equipment by the user-in-charge, or another person where the user-in-charge knows of the interference. This is to prevent tampering with vehicle equipment to enable use of the self-driving technology in inappropriate and potentially unsafe circumstances.