When it comes to self-driving cars, making changes to the vehicle’s software isn’t like downloading a new app on your phone—it’s a serious matter with significant legal implications. The UK’s Automated and Electric Vehicles Act 2018 sets out clear rules about software modifications, with a particular focus on safety and insurance.
The Legal Framework
The law distinguishes between two types of software changes: those made by the vehicle owner or with their knowledge and safety-critical updates that need to be installed. Think of it like your home security system—while you might be able to adjust some settings, tampering with core safety features could compromise the entire system.
Insurance Implications
If you modify your self-driving car’s software in ways that aren’t permitted under your insurance policy, you might find yourself in troubled waters. The Act allows insurance companies to exclude or limit their liability if an accident occurs due to prohibited software alterations.
For example, if you or someone with your knowledge makes unauthorised changes to your vehicle’s autonomous driving software and an accident occurs as a direct result, your insurance company may refuse to pay out. It’s similar to how modifying a traditional car’s engine without informing your insurer could invalidate your policy.
Safety Updates: Your Responsibility
Just as you need to keep your smartphone’s operating system updated for security, self-driving car owners have a legal obligation to install safety-critical software updates. The Act specifies that if you knowingly fail to install these updates and an accident occurs as a result, your insurance coverage could be affected.
Third-Party Protection
The law takes a balanced approach when it comes to protecting other road users. Even if you’ve made unauthorised software changes, your insurer must still cover damages to third parties—though they may later recover these costs from you. This ensures innocent parties aren’t left unprotected while maintaining accountability for vehicle modifications.
What Counts as ‘Safety-Critical’?
The Act defines safety-critical software as updates that would make it unsafe to use the vehicle without them. Think of it like aircraft maintenance—certain updates are essential for safe operation and can’t be ignored.
Future Implications
As self-driving technology evolves, the law will likely continue to develop. It’s worth noting that in 2022, over a quarter of all new cars sold in the UK were battery electric vehicles (according to the UK Electric Vehicle Infrastructure Strategy), showing how quickly automotive technology is advancing. This rapid change means staying informed about legal requirements for vehicle software modifications is increasingly important.
Remember, if you’re unsure about making any changes to your self-driving car’s software, it’s always best to consult your vehicle manufacturer, insurance provider, or a qualified professional first. The consequences of unauthorised modifications could be both financially and legally significant.
Darren has owned several companies in the automotive, advertising and education industries. He has run driving theory educational websites since 2010.