User-in-charge

This term is part of the following categories: safety, and activity/process.

Version 5.0, release date: April 2023

Definition: a human in the vehicle who is qualified to drive it and in a position to operate the controls of the vehicle while a relevant automated driving system feature is engaged.

Note 1: the role of the user-in-charge is not intended for use in reference to human occupants of automated vehicles during development, testing or trials, which may be safety drivers.

Note 2: the main role of the user-in-charge is to take over in planned circumstances as a conscious choice, in response to a transition demand or after the vehicle has come to a safe stop. They would also have obligations to maintain and insure the vehicle and report collisions. An automated vehicle would require a user-in-charge unless it is authorized to operate without one, in which case it would be a no-user-in-charge (NUIC) vehicle. The user-in-charge must be in the vehicle.

Note 3: being qualified to drive means the user-in-charge holds a current and valid driving licence to drive the relevant vehicle in the jurisdiction in which it is being operated.

Note 4: this term and definition is adapted from the Law Commissions’ joint consultation paper 3 (2020).

Previous versions:

Version: 4.0, telease date: March 2022

Definition: a human in the vehicle who is qualified to drive it and in a position to operate the controls of the vehicle while a relevant automated driving system feature is engaged.

Note 1: the role of the user-in-charge is not intended for use in reference to human occupants of automated vehicles during development, testing or trials, which might be safety drivers or safety operators.

Note 2: the main role of the user-in-charge is to take over in planned circumstances as a conscious choice, in response to a transition demand or after the vehicle has come to a safe stop. The user-in-charge would also have obligations to maintain and insure the vehicle and report collisions. An automated vehicle would require a user-in-charge unless it is authorized to operate without one. The user-in-charge needs to be in the vehicle and can be distinguished from a remote operator.

Note 3: being qualified to drive means the user-in-charge holds a current and valid driving licence to drive the relevant vehicle in the jurisdiction in which it is being operated.

Note 4: this term and definition is adapted from the Law Commission of England and Wales and Scottish Law Commission joint consultation paper 3 (2020).

Version: 3.0, release date: October 2020

Definition: a human within or in line of sight of a vehicle who is qualified to drive it and in a position to operate the controls of the vehicle but is not actively controlling the vehicle due to it being under the control of its automated driving system.

Note 1: the role of user-in-charge is not intended for use in reference to human occupants of automated vehicles during development, testing or trials, which may be safety drivers or safety operators.

Note 2: the main role of the user-in-charge is to take over in planned circumstances after the vehicle has come to a safe stop. They would also have obligations to maintain and insure the vehicle and report collisions. An automated vehicle would require a user-in-charge unless it is authorized to operate without one. The user-in-charge must be in the vehicle (or in line of sight of the vehicle) and can be distinguished from a remote operator.

Note 3: being qualified to drive means the user-in-charge holds a current and valid driving licence to drive the relevant vehicle in the jurisdiction in which it is being operated.

Note 4: this term and definition is adapted from the UK Law Commission and Scottish Law Commission joint consultation paper (2019): Automated Vehicles: Consultation Paper 2 on Passenger Services and Public Transport.

Version: 2.0, release date: June 2020

Definition: a human within or in line of sight of a vehicle who is qualified to drive it and in a position to operate the controls of the vehicle but is not actively controlling the vehicle due to it being under the control of its automated driving system.

Note 1: the role of the user-in-charge is not intended for use in reference to human occupants of automated vehicles during development, testing or trials, which may be safety drivers or safety operators.

Note 2: the main role of the user-in-charge is to take over in planned circumstances after the vehicle has come to a safe stop. They would also have obligations to maintain and insure the vehicle and report collisions. An automated vehicle would require a user-in-charge unless it is authorized to operate without one. The user-in-charge must be in the vehicle (or in line of sight of the vehicle) and can be distinguished from a remote operator.

Note 3: being qualified to drive means the user-in-charge holds a current and valid driving licence to drive the relevant vehicle in the jurisdiction in which it is being operated.

Note 4: this term and definition is adapted from the UK Law Commission and Scottish Law Commission joint consultation paper (2019): Automated Vehicles: Consultation Paper 2 on Passenger Services and Public Transport.

Version: 1.0, Release date: January 2020

Definition: Human in the vehicle or in line of sight of the vehicle who is qualified and fit to drive and in a position to operate the controls of the vehicle.