The Times - UK (2022-01-26)

22 Wednesday January 26 2022 | the times

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IN THE TIMES

TOMORROW

Accidents that involve self-driving cars

should be the legal responsibility of

motor manufacturers and not drivers,

experts have told ministers.

A report today from law commis-

sioners covering England, Wales and

Scotland calls for parliament to regu-

late vehicles that can drive themselves.

There is a “clear distinction”, it says,

between features that assist drivers —

such as adaptive cruise control — and

vehicles that were fully self-driving.

Under their proposals, when a car is

authorised by a regulatory agency as

having “self-driving features” and those

features are in use, the person in the

driving seat “would no longer be

responsible for how the car drives”.

Instead, the company or body that

obtained the authorisation — most

likely a manufacturer, referred to in the

Self-drive car makers ‘to blame for crashes’

law as an authorised self-driving

entity — would face sanctions in cases

of accident or malfunction.

The report from the commissions

highlighted that in the near future

features to help drivers “will develop to

a point where an automated vehicle will

be able to drive itself for at least part of

a journey”. In those circumstances, the

authors said, human motorists would in

theory not be required to pay attention

to the road and surrounding vehicles.

In addition to cars driving them-

selves on motorways, the report high-

lighted the potential introduction of

shuttle buses that were programmed to

navigate specific routes without the ac-

tive involvement of a driver. In those in-

stances, the commissions called on

ministers to implement a bespoke

system of legal accountability.

Under new legislation, the report

said the person in the driving seat

would no longer be a driver but a “user

in charge” who could not be prosecuted

for offences that “arise directly from the

driving task”.

The legal regime would give those in

charge immunity from offences includ-

ing speeding, passing a red light and

even dangerous driving.

The report added, however, that a

user in charge would retain other

“driver duties”, such as carrying insur-

ance, checking loads and ensuring that

children wore seat belts. Under the pro-

posed law, authorised self-driving enti-

ties would have legal responsibility for

accidents and motoring offences.

The report said that under the sug-

gested legal reform, if a self-driving

vehicle moved in a way that would be

considered criminal or unsafe if per-

formed by a human driver, an “in-use

regulator” would work with manufac-

turers to rectify the problem. In the

meantime, regulatory sanctions would

be available.

Law commissioners drew a distinc-

tion between self-drive vehicles that

retained driver’s seats for a user in

charge, and those that were authorised

to drive themselves without anyone in a

driver’s seat. In the latter configuration,

occupants would simply be passengers.

Instead of having a user in charge, a

“licensed operator” would be responsi-

ble for overseeing the journey. Under

the reforms, users in charge would be

required to be licensed drivers so that

they could take over if necessary.

Mike Hawes, chief executive of the

Society of Motor Manufacturers, said

the commission’s recommendations

“will put Britain in the vanguard of road

safety and automotive technology, by

providing a framework for the use of

self-driving vehicles which could save

thousands of lives”.

Jonathan Ames Legal Editor

Debt fears as Klarna launches credit card

Klarna is to launch a credit card in the

UK, allowing customers to use its “buy

now, pay later” service at high street

stores as well as online.

The Swedish fintech company said

the move would give consumers the

flexibility to pay for purchases at a later

date “without the inherent risks of in-

terest and revolving credit”.

However, the decision is likely to

raise concerns among debt charities,

who have warned that buy now, pay

later services encourage people to

spend beyond their means.

The Klarna Visa card will allow for

payment on purchases to be delayed

for up to 30 days, with no interest

charged on the balance or fees levied

for late payment. If customers do not

clear the debt in full after that time,

however, they risk having their credit

rating downgraded and debt collectors

appointed.

Standard credit cards usually offer an

interest-free period of a month and

charge interest on late payments, typi-

cally between 15 and 30 per cent. Credit

card holders must typically clear a

small proportion of their debt each

month and are charged a fee if they do

nor.

Alex Marsh, head of Klarna UK, said:

“Consumers are rejecting credit prod-

ucts that charge double-digit interest

rates while allowing repayments to be

put off indefinitely. For online purchas-

es where credit makes sense, buy now,

pay later has become the sustainable

alternative, with no interest [charged]

and clear payment schedules. “

He added: “The launch of Klarna

Card in the UK brings those benefits to

the offline world.”

Klarna said that its card would be

made available “progressively” over the

coming months. It said that 400,000

consumers had already signed up to a

waiting list, showing “strong demand

for a new approach to credit”.

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Consumer Affairs Correspondent