All 3 Lord Naseby contributions to the Automated Vehicles Bill [HL] 2023-24

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Tue 28th Nov 2023
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Automated Vehicles Bill [HL] Debate

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Department: Department for Transport

Automated Vehicles Bill [HL]

Lord Naseby Excerpts
2nd reading
Tuesday 28th November 2023

(5 months, 1 week ago)

Lords Chamber
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Lord Naseby Portrait Lord Naseby (Con)
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My Lords, I am sure that I speak for all colleagues in the Chamber when I say that this debate has been enhanced by the contributions of the noble Baroness, Lady Brinton, and my noble friend Lord Holmes. The area that they have covered is so important.

I want to record in Hansard that today is an auspicious day for British transport, because today a jet took off from London airport using synthetic fuel to fly to the States. That is a huge achievement of the United Kingdom, and our development, our work and our taxpayers’ money has brought that about. I would like to record that in the context of this particular Bill.

Some 60 years ago-plus, I was a fast jet pilot. In those days, safety was absolutely paramount. If you were at the controls on your own, flying at anything up to 40,000 feet at a speed of up to 0.82 mach, you had to know what was happening; there was only one person who made the decision, with plenty of instruments reflecting the actions you were taking.

When I was preparing for the Bill, I was reminded of three fatal crashes that have occurred thanks to automation. I am sure that colleagues will remember them. There was the Boeing 737 MAX 8, in October 2018, when 189 people were killed, with the two pilots totally unable to do anything to stop the automation and the stall that followed. In March 2019, on the same aircraft—not the same one, but the same model—157 people were killed. What went wrong? It was failure of software. We fight with software all the time, but failure of software when you have passengers has been proven to be very difficult.

I had a look at the French one in the Caribbean, because I knew it was different from the Boeing example. The situation there was a weather condition. The flight was on 1 June 2019, as the plane headed towards a thunderstorm. The pitot head froze—the instrument on the front of the aircraft that measures the speed and height of the aircraft. The net result was that the instrument recorded inaccurately what the status of the aircraft was, the aircraft stalled and all the passengers were killed. So that is where I am coming from in relation to this Bill, where safety is stated to be at its core.

Let us leave the airline world and go on to the implications for drivers. The lessons learned from those aircraft crashes are, first, that drivers must be trained. It is quite a challenge—and we know that there is a whole variety of abilities of those driving on the road today. I do not know the answer to that question, other than that it is a question that has to be asked.

Then there are what they call “uncommanded activations”: software that suddenly says something to you when you have not put it into a programme, or you did not think you had, and you have to decide what to do. That is the partial one that is a challenge. Then there are the potential alerts: if you are half in control, or not in control, are those alerts recognised? Fourthly, as I have already indicated, there are weather conditions, which change dramatically in our country. There was heavy frost in Bedfordshire the day before yesterday, and all the instruments on the car had to be cleaned. On the car that I drove here today, I had to clean the camera for reversing. So weather conditions do affect things.

We also know, from the very good briefing from the Library, the history from California at this point in time. We need to recognise that the States are way ahead of us: they have been doing it that much longer. They have had these vehicles going around San Francisco, but in one paragraph the head of firefighting services says that

“driverless cars had interfered with emergency services 40 times since … 2020”.

Then there is another paragraph about San Francisco, which is very relevant—any of us who have been to San Francisco will know that it is all up hill and down dale. There are examples of where

“the cars have run red lights, crashed into a bus, blocked pedestrian crossings and cycle lanes and caused traffic jams”,

et cetera. I give a final quote:

“The California Department of Motor Vehicles states that as of 10 November 2023 it had received 673 autonomous vehicle collision reports”.


Well, if safety is primary to this legislation, that is not a very good start, is it?

Now I turn to the Bill itself. I will not go through the varying stages that have been discussed already, but seven years have gone by—quite a long time—before we get around to this Bill. Here we are after seven years, and the fact of the matter is that we as a country have fallen behind. We were in the vanguard seven years ago; we are not in the vanguard any more but in the guard’s van, almost, in terms of technical development, et cetera. We ought to make sure that we know what other people have done so far before we start spending a lot of government money just mirroring tests that others have done. I believe that is a very important point. I would like to know from my noble friend, not necessarily this evening but in writing, how much the taxpayer has already spent on this project.

What about the context for authorised automated vehicles? Who ensures that those vehicles actually stick to the restrictions that some of them have apparently been given? If the restriction is the motorway, who will ensure that it sticks to the motorway? I do not know the answer. What is the estimated cost of updating the digital information across the whole road network in GB? We talk about that and it was in my noble friend’s opening statement that this all applies to GB, but we certainly do not have that digital information at this point in time.

What work is being done on the current driving test? I have a granddaughter who is studying the Highway Code and everything else, having driving lessons. At what point will that age group, those young people, be brought in, so that at least the Highway Code is brought up to date? For me, Clause 2 at the moment is really pie in the sky. It says:

“The principles must be framed with a view to securing that road safety in Great Britain will be better as a result of the use of authorised automated vehicles on roads”.


Well, what did I see on the way down this morning? I do not know exactly how many cars there are on the road, but it cannot be far short of 1 million. Then there are hundreds of lorries and possibly millions of cyclists, few of whom know what the Highway Code is. One has only to see what happens out the front here. They do not stop at that pedestrian crossing with the red light; they just cycle right through it. Then there are the delivery bikes with very creative motorcyclists who weave in and out. Then there are the scooters. Believe it or not, in Bedfordshire, the week before last, the driver who is taking me back tonight said to me, “You won’t believe this, Michael, but a motorised skateboard overtook me the other day in a 20 mph zone”. I said, “God, I don’t believe it”, and Barry said, “Not just that: further up, he picks up a passenger and comes back the other way”. These are not even licensed, but they are very dangerous. I do not know where all this fits in.

Finally, there is the question of potholes, as even the Prime Minister admits. I do not know whether AI can work out whether there is a pothole underneath a big puddle, but it is a problem. Weather conditions and potholes affect driveability and, as we know, driving skills vary. In my judgment, for once, we should learn from others. My repeated request to His Majesty’s Government is that, before we spend too much money on it, we find out what Germany, Sweden and particularly the United States have been doing, and pull that together—then we might have the basis of a Bill.

This is a 100-clause Bill—I note this to the noble Lord, Lord Berkeley—and we have to get the framework there but, just for once, we should be strong-minded. I was in business for years. We should stick to the jobs that we are good at: synthetic fuels for aviation, hydrogen and electric vehicles, as mentioned. We have plenty of work to do there. I am sceptical about the need for the Bill at this time. We are not in the vanguard. If safety really is the core, we should proceed very measuredly.

Automated Vehicles Bill [HL] Debate

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Department: Department for Transport
I am not going speak in any great detail to all the other amendments in this group—although they are linked to it—except to say that we, somehow, need to get some independence into this. It is not consultants; it is something that has a statutory function. It is on that basis that I beg to move Amendment 9A and, again, apologise for being very late with it.
Lord Naseby Portrait Lord Naseby (Con)
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My Lords, I only spoke at Second Reading and was unable to take part in Committee. I think the House knows that I come from the world of aviation and, in terms of aviation, there is some similarity in the context that the noble Lord has covered this afternoon.

This is frontier technology. It happens to be on the ground, but those of us who have flown for Her Majesty’s Forces or flown privately can still take a great interest, in particular, in aviation. There is a need for those who are knowledgeable and not biased and are able to take time. One of the great problems in our society at the moment is time. When I look at what the Department for Trade and the Department for Transport are having to do, there may well be an argument for another body that is knowledgeable about what has been happening in the past and where things are going.

I thank the noble Lord opposite, and I hope my noble friend on the Front Bench will recognise that we are not having a Division on this—I assume—but that there ought to be further discussions on whether this is something we should look at more closely.

Baroness Randerson Portrait Baroness Randerson (LD)
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My Lords, I added my name to Amendment 10, which relates to the ORR, because there are too many loose ends in the Bill in terms of the powers being granted to the Secretary of State and it is not specified where it goes after that.

We are dealing with some issues that are very closely aligned with those in Amendment 28: how the Government exercise the considerable power that they will have in relation to the development of this market.

To be totally frank, we do not need Department for Transport micromanagement. What we need is an independent body, with dedicated expertise, that will operate with safety considerations actually at the fore, because the development of this market will be badly compromised if there are huge safety issues that arise. It is important—really essential—that the development of this technology is rolled out with safety at its heart. As the noble Lord, Lord Naseby, stated, the CAA is an excellent example. It can be replicated by expanding the role of the ORR to take this under its wing and by looking closely at what the ORR does at the moment. It has the foundations that we need for something that can be developed pretty rapidly. I say to the Minister that I hope that the Government take this seriously and give it consideration. If it is not possible to give precision by Third Reading, hopefully it might be possible to do so by the time the Bill reaches the other place.

Automated Vehicles Bill [HL] Debate

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Department: Department for Transport

Automated Vehicles Bill [HL]

Lord Naseby Excerpts
Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, I beg to move.

Lord Naseby Portrait Lord Naseby (Con)
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My Lords, I will make a short speech, conditioned by my being a former pilot with experience of Boeing, probably the most sophisticated company in the world on unmanned aircraft. The net result so far has been that 346 people died recently, although, thankfully, nobody died in the Alaska experience. Given that situation, although this Bill is supposedly about safety on the roads, we need to take great care; I recognise that we need a framework here, but I hope my noble friend will listen to what the noble Lord suggested earlier in the debate and have the Office of Rail and Road help oversee this Bill as it is implemented in relation to vehicles on the road.

Lord Moylan Portrait Lord Moylan (Con)
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I briefly congratulate my noble friend the Minister on bringing this useful, modest and largely technical Bill to its completion. The Government have expressed optimism that the arrival of automated vehicles in large numbers on our roads is going to have no effect whatever on how the rest of the road system and other road users operate. It is the principle on which the Bill is based but, to me, it seems to be credible only in the somewhat artificial reality of your Lordships’ House.

My noble friend the Minister and his department still need to address a worry many of us have. He has stated that nothing will change—that facilities for pedestrians, for example, will not be affected—with the arrival of these vehicles, but it is clear that is not wholly credible. The people who have invested in automated vehicles will find that pedestrians and other road users are obstacles to the rollout of their plans, and they will then turn up at the ministry and say, “We have spent all this money, so now you have to do something to make it work for us”. At that point, officials will roll over, Ministers will wave their hands and the money will decide what the policy is. All of this will happen without a parliamentary debate considering the effect of the vehicles and what they mean for road users, especially in urban environments. I hope my noble friend the Minister will find an opportunity to allow us, and the public, a debate about what the vision of our cities is when automated vehicles are operating in large numbers as the Bill makes provision for.