By John Dyne, Managing Director (Environmental, Health & Safety & Transport)
At a recent Public Inquiry, the Traffic Commissioner commended my client for having an ADAS Policy.
Apparently, few operators have an ADAS policy and operators need to consider the safety-critical implications of warning lights linked to the ADAS system.
It might be assumed that if a device can be switched off by the driver (i.e. via a button on the console), any fault linked to that system cannot, by implication, be a safety critical issue… Well, wrong!
If the warning lamp is linked to the AEBS system, for example, then it is covered by Reg 18 (1) of the Construction and Use Regulations. This requires every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted’.
If the fault is linked to the lane departure system, then if that system affects the steering, it is covered by Reg 29. This requires that ‘all steering gear fitted to a motor vehicle shall at all times while the vehicle is used on a road be maintained in good and efficient working order and be properly adjusted.’
What actions should operators take?
An operator needs to understand the purpose of the electronic systems fitted to their vehicles, the significance of warning lights and under what circumstances it is appropriate for the systems to be switched off.
In turn, operators need to provide proper advice and guidance to their drivers.
There may be operational reasons why the sensors need to be deactivated, but not necessarily in all situations.
Having an ADAS policy is therefore not only good practice but essential and not having a policy seems increasingly difficult to justify.
If a warning lamp remains illuminated indicating a fault, then it needs to be fully investigated against the risk the issue could impact the braking performance/control of the vehicle.
Preferably the matter should be investigated in tandem with the manufacturer or main dealer and a properly informed decision taken as to whether the fault needs to be rectified before the vehicle is used on public roads.
Page 60 of the Guide to Maintaining Roadworthiness states [my emphasis]:
“Operators should ensure that all drivers, including agency staff and new employees, are familiar with the different types of ADAS fitted across the fleet.
“In addition to the inspection of any warning lamps, externally mounted sensors should be examined for condition and security during safety inspections and walkaround checks. Warning lamps that remain illuminated following initial activation of the systems may indicate a fault.
“Any issues highlighted must be fully investigated before a vehicle is deemed serviceable. Functionality checks should also be carried out on any systems that can be deactivated by the operation of a switch, for example, advanced emergency braking system (AEBS) and lane-keeping assist. Operators should have a documented policy on action to be taken if the ADAS system is defective or is deactivated.
“It should be remembered that a correctly functioning ADAS is designed to support a driver, not replace them. The driver is always responsible for the safe operation of any vehicle under their control. It is therefore essential that staff are adequately trained to confirm that any ADAS fitted is functioning correctly and that faults highlighted are rectified before a vehicle is used on the highway.”
If you need legal advice relating to this or other regulatory and transport law matters, don’t hesitate to contact John Dyne.