Driverless taxis could be on UK roads by 2026 – but who’s responsible in a crash?

Driverless taxis and buses in the UK moved a step closer after the Government launched a public consultation.

The request for feedback on the proposed permit scheme for Automated Passenger Services (APS) focuses on how such services should be authorised, what safety standards they must meet, and other considerations such as accessibility for disabled and older people.

It’s a key step in implementing the Automated Vehicles Act 2024 (AVA 2024), which lays the statutory foundation for self-driving vehicles on UK roads. It is hoped small-scale public trials of driverless passenger services could begin as early as 2026.

Where are we now with AV legislation?

The AVA 2024 represents a significant evolution in UK law, introducing new concepts and regulatory mechanisms. It also builds on the earlier Automated and Electric Vehicles Act 2018 (AEVA 2018), which set out who is legally responsible if a self-driving vehicle is involved in an accident.

Under section 2 of AEVA 2018, the insurers of automated vehicles are automatically liable to those who suffer loss as a result of an accident caused by an automated vehicle if, at the time of the accident, the vehicle was “driving itself” on a road or other public place. The insurer can then recover its outlay against those who may have contributed to or were responsible for the accident, such as manufacturers and software developers.

However, AEVA 2018 was never designed to regulate fully autonomous vehicles. It assumed a human user would still be present, ready to intervene if necessary. By contrast, the AVA 2024 is the first UK statute drafted specifically to govern purely autonomous vehicles, including those that operate without a “user-in-charge”.

Strengthening oversight: ASDEs and NUiC Operators

The AVA 2024 also introduces two new legal entities to provide regulatory accountability:

• Authorised Self-Driving Entities (ASDEs) – For each authorised automated vehicle under the AV Act 2024, a person must be designated as the “authorised self-driving entity”. The ASDE is responsible for ensuring the swift handling of any safety or enforcement issues.
• No-User-in-Charge (NUiC) Operators – while it is likely most AVs will continue to have a “user-in-charge” on board, the AV Act 2024 provides for the time when vehicles will be operated remotely by a licensed “no-user in charge”. The role of the NUiC is to manage responsibility for any issues arising during the journey.

These new entities are not intended to redefine liability, which remains governed by AEVA 2018. Instead, they are there to enhance the safety and governing framework to ensure someone is accountable for maintaining compliance with safety systems and regulations.

Therefore, in practice, individuals who suffer injury or loss will still claim against the insurer, as required by AEVA 2018. However, insurers now have clearly identifiable entities from whom they may seek recovery where system faults are to blame.

Liability and the User-in-Charge

In addition to the concept of ‘no-user in charge’, the AVA 2024 also introduces the concept of a ‘user-in-charge’. This is a person present in the vehicle who is not actively driving whilst a self-driving feature is engaged, but must remain ready to take over after a “transition demand” – a situation the vehicle can’t handle safely or legally on its own and needs human input.

When a vehicle is operating in self-driving mode, and that mode is engaged properly, the user-in-charge is not liable for the vehicle’s actions for any civil or criminal liability.

However, this immunity is not unconditional. Where the vehicle issues a transition demand – a formal instruction to the user-in-charge to retake control – and that user fails to respond, they may be liable for any accident arising after the transition period unless the failure was due to a fault in the AV system.

The role of secondary legislation

The Centre for Connected and Autonomous Vehicles – a joint unit of the Department for Transport (DfT) and Department for Business and Trade – launched the consultation on 21 July 2025 with the call for evidence closing on 28 September 2025.

The Automated Vehicles Act 2024, whilst establishing a framework for self-driving vehicles in Great Britain, relies heavily on secondary legislation for its implementation. This means that while the Act sets the legal framework, the detailed rules which will allow the actual implementation of AVs on our roads will need to be established through further regulation.

Therefore, whilst we may see trials of autonomous passenger services as early as 2026, there’s a great deal of work to be done.