Automated Vehicles – EU Publish Regulation on General Product Safety

Overview

The EU General Product Safety Regulation (GPSR) came into effect on 13 December 2024. The GPSR is applicable to all EU/EEA member states, ensuring uniformity in product safety standards.

The GPSR’s objective is to ensure that EU consumers are protected against dangerous products.

The scope of the GPSR applies to economic operators (defined to include all entities in the supply chain) and can include vehicle manufacturers, their authorised representatives or distributors.

The GPSR do have applicability for Northern Ireland, but the UK Government may well review the provisions of the GPSRin the context of its own product safety legislation and specifically in the context of the introduction of automated vehicles onto UK roads.

Here are some of the key changes which will impact motor manufacturers:-

Risk analysis/risk assessment

Vehicle manufacturers have an obligation to carry out a risk analysis and to draw up technical documentation before placing their products on the market and must conduct rigorous risk assessments throughout the product lifecycle.

Comment: Such risk analysis/assessment should form part of the vehicle manufacturer’s safety case to be submitted to the UK’s Vehicle Certification Agency at approval stage for authorisation status.

The obligation to conduct risk assessments during the lifecycle of the vehicle should go some way towards addressing insurer concerns regarding the possible degradation of component parts on the automated vehicle during its lifetime.

Appointment of Responsible persons

Economic operators must appoint a person based in the EU with responsibilities which include the availability of technical information, instruction and safety information.

Comment: This provision can be compared to the appointment of a person as the “authorised self-driving entity“under Section 6 of the Automated Vehicles Act 2024 who has the general responsibility of ensuring that an authorised vehicle continues to satisfy the self driving test.

Traceability

To ensure traceability of a product through the supply chain, each product should carry information that allows identification of the product itself as well as the manufacturer.

Comment: Suppliers of component parts of the automated vehicle should now be identified. In the event of a defect being detected on a component part of an automated vehicle, there ought to be visibility/transparency from a data audit trail for the manufacturer to take action to correct the defect.

Supply chain records

Economic operators are required to maintain detailed product and supply chain records for at least 10 years.

Creation of a Safety Gate Portal

The Safety Gate enables member states to share information on potentially unsafe products. This provision has three parts:

1. A rapid alert system on dangerous products for which national authorities can exchange information.
2. A web portal to inform the public and allow the public to submit complaints regarding dangerous products.
3. A web portal enabling businesses to inform authorities and consumers of dangerous products and accidents.
   
   

Market surveillance

Vehicle manufacturers are required to keep technical documentation at the disposal of market surveillance authorities for a period of 10 years from the date on which the product is placed on the market and ensure that technical documentation can be made available to those authorities upon request.

Withdrawal from the market

Ensure that products presenting a serious risk are withdrawn or recalled from the market where there is no other effective means to eliminate the risk.

Section 8 of the Automated Vehicles Act 2024 also contains a provision for the Secretary of State to vary, suspend or withdraw an automated vehicle authorisation in circumstances where an authorisation requirement has not been met.

Final thoughts

It seems reasonable to assume that, ahead of any changes to UK legislation on product safety law and the pending raft of secondary legislation following the Automated Vehicles Act 2024, vehicle manufacturers exporting to the UK will likely, for ease of consistency, align their products to these safety regulations which will be particularly relevant to insurers in assessing the risk rating for automated vehicles. 

The GPSR, however, did not address how new technology on automated vehicles can affect its safety, for example, an automated vehicle may become dangerous by not having sufficient cybersecurity protection.

On a more general note, any UK businesses which export products to the EU will need to ensure that their product and processes align with the requirements of the GPSR.