Automated Vehicles: Protecting Marketing Terms

Although consultees suggested additional terms such as “robotaxi” and “AI driver”, these will be regulated under the general confusion offence in section 79.

The Government recognise that, as the technology is deployed, there may be other terms in future that could give a misleading impression that a vehicle is able to drive itself. This is why the protected terms offence under section 78 operates alongside the confusion offence under section 79. Marketing communications likely to confuse end users into thinking that an unauthorised vehicle is capable of driving itself, including through the use of terms that are not protected, will be enforced through section 79. The Government will keep this under review, with the possibility of protecting further terms in future.

The AV Act places a duty on the Secretary of State to enforce the marketing offences. In practice, enforcement is expected to be carried out by the Department’s agencies through civil powers under schedule 5 to the AV Act. Where a breach of the marketing offences results in criminal prosecution and conviction, the Act sets the maximum penalty as a two-year prison term, a fine or both.

Some respondents raised an interest in further guidance on part 4 of the AV Act—misleading marketing—and the Government will consider developing supporting materials. A wider programme of education, research and review is also under consideration.

A copy of this publication will be placed in the Libraries of both Houses and published on www.gov.uk .

[HCWS196]