Part 2: Criminal liability for vehicle use Chapter 2: Offences Section 53: Use of vehicle without driver or licensed oversight
This section adds two new sections before section 35 of the Road Traffic Act 1988. The first inserted section 34B introduces an offence of using a vehicle without a person in control or licensed oversight. If the vehicle has no authorised no-user-in-charge (NUiC) feature engaged and/or if the journey is not overseen by a licensed no-user-in-charge operator (NUiC operator), section 34B(1) makes it an offence for a person to use, or cause or permit another person to use the vehicle on a road or in a public place without an individual exercising or in a position to exercise control of the vehicle. The purpose is to ensure that there is a human or corporate entity responsible for the operation of the vehicle at all times. Section 34B(3) introduces a defence to this offence if the person could not reasonably have been expected to know this was the situation.
	The second inserted section, section 34C, introduces aggravated offences where a person commits an offence under section 34B and the vehicle causes the death or serious injury of another person.
	These new offences prevent use of NUiC technology unless it has been authorised and is overseen by a licensed operator. It also prevents use of an authorised user-in-charge feature where the user-in-charge has moved out of a position to be able to exercise control of the vehicle, for example by moving to an alternative seat.
	In the case of vehicles without authorised self-driving technologies and appropriate oversight, a human driver is still required. That driver remains responsible for exercising proper control of the vehicle and any feature could only be used as driver assistance technology.
	Section 53(2) inserts the new offences into Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988.
	Section 53(3) refers to amendments made in Schedule 3 applying existing legislation to the provisions of this section.