The UK Government has launched a consultation on its proposed Statement of Safety Principles (“SoSP”) for automated vehicles (“AVs”) under Section 2 of the Automated Vehicles Act 2024 (“AVA”). The SoSP is central to the AVA’s regulatory framework, with the core objective of ensuring that AVs achieve safety levels equivalent to, or exceeding, those of careful and competent human drivers. The consultation, which proposes ten draft safety principles, closes on 9 September 2026. In this article, we explore the SoSP consultation, its purpose and the principles it sets out for AVs.
Background
The AVA was granted Royal Assent on 20 May 2024 (see our Law-Now here) and sets out the primary framework for AVs in Great Britain. The AVA provides the legal framework for the safe deployment and authorisation of automated vehicles, with full implementation expected in the second half of 2027 (including the authorisation regime for self-driving vehicles). However, the operational details under the AVA are being published in secondary legislation. The SoSP is one of the key pieces of this secondary legislation. Last summer, the Department for Transport (“DfT”) published a call for evidence on the SoSP. The UK Government has now reviewed that evidence and published a consultation on its proposed statement of safety principles for AVs.
The purpose of the SoSP
The SoSP sets out the safety levels and compliance standards for AVs. It is a fundamental part of the AVA, with the Centre for Connected and Autonomous Vehicles (“CCAV”), DfT and Simon Lightwood MP stating that “safety sits at the heart of the AV regulatory framework, ensuring that AVs are safe to use on Great Britain’s roads and remain safe throughout their deployment” (Written statement to Parliament).
Under the AVA, the SoSP serves two statutory purposes:
- To guide the Secretary of State when determining whether a vehicle satisfies the statutory “self-driving test” and can therefore be authorised (Section 1); and
- To provide a benchmark against which the annual performance of the self-driving fleet can be assessed (Section 38).
Under Section 1 of the AVA, a vehicle satisfies the authorisation “self-driving test” if it is designed or adapted with the intention that a feature of the vehicle will allow it to travel autonomously and is capable of doing so, by means of that feature, safely and legally.
Under Section 38, effective and proportionate measures for safety standards must be implemented and published as an annual report by the Secretary of State, allowing the general performance of self-driving vehicles to be monitored.
The AVA requires the SoSP to ensure that:
- Authorised self-driving vehicles achieve a level of safety equivalent to, or higher than, that of careful and competent human drivers; and
- Road safety in Great Britain is improved as a result of AV deployment.
Scope of the SoSP
In shaping the draft statement and its principles, the government took account of the responses to last summer’s call for evidence. It recognised that certain AV-specific attributes need to be reflected in the principles, relating to:
- Compliance with the limits of the AV’s authorisation, in terms of geography and capability of the vehicle
- Designing vehicles to consider the specificities of the territory in which they operate.
Drawing on the call for evidence and public perceptions research, the government identified five broad themes of careful and competent driving: vehicle control; hazard anticipation, perception and reaction; obeying traffic rules; interaction with other road users; and adaptability to road conditions. The SoSP therefore proposes to articulate the safety standard through a set of behavioural principles that describe how an AV should operate in real-world conditions.
The government has stated a strong preference to ensure alignment of the principles with international standards in order to lower market entry costs, enable cross-border deployments and facilitate faster spread of safety technologies.
The draft safety principles
The 10 principles are that self-driving vehicles should:
- Use the road in accordance with traffic laws and the Highway Code
- Maintain constant control over the vehicle
- Predict, detect, and respond to hazards proactively
- Adapt driving to road and weather conditions
- Behave in a predictable manner
- Improve road safety in Great Britain for all
- Interact safely with all road users, particularly those who are most at risk
- Interact safely with emergency services
- Only operate autonomously within the limits under which they are specifically designed to function
- Be designed to take account of the specificities of the territory where they will operate
Some attributes identified in the previous call for evidence - such as the ability to drive without human monitoring of the vehicle - are not drafted as standalone principles but are nonetheless captured within the principles that have been included.
Further views sought
The consultation seeks stakeholder views on several key questions, including:
- whether the SoSP's purpose should be limited to guiding authorisation decisions;
- whether the safety standard should be set at equivalence with a careful and competent human driver;
- how the concept of careful and competent driving should be defined and assessed;
- whether the draft principles adequately capture the expected behaviours of authorised AVs; and
- whether the proposed principles provide sufficient protection for all road users.
The EU’s position
The European Union has adopted a technology-neutral, product safety-based approach to autonomous vehicles, integrating automated driving within its existing vehicle approval regime rather than creating a standalone regulatory framework for AVs. The cornerstone of the EU regime is the General Safety Regulation, which establishes the legal basis for approving automated and fully automated vehicles while requiring a range of advanced safety technologies in all new vehicles. The Regulation operates alongside the EU's vehicle type-approval framework (which, like the UK, reflects United Nations Economic Commission for Europe regulations). Rather than prescribing particular technologies, the EU emphasises performance-based safety outcomes and conformity assessment, with technical requirements largely developed through implementing legislation and internationally harmonised standards.
How CMS can help
The finalised SoSP will have significant implications for those seeking authorisation to deploy self-driving vehicles on Great Britain’s roads. The SoSP is key for stakeholders, including AV manufacturers, insurers and operators.
Industry stakeholders wishing to respond to the consultation must do so by 9 September 2026. CMS has extensive experience of supporting clients with their public policy advocacy, including contributing to public consultations and responding to calls for evidence. As a full-service international law firm, CMS is also well-equipped to advise stakeholders on the potential impacts of the consultation’s outcomes. This includes advising on the establishment of strategic partnerships with other commercial parties to maximise business opportunities.
For more information, please reach out to: Neil Baylis and Ruth Derruau.
