Key Takeaways
- Effective 7 January 2027, the UK will ban the use of eight specific terms (and their grammatical variations) when describing a vehicle’s overall capabilities if the vehicle has not been authorised as self‑driving under the Automated Vehicles Act 2024.
- The prohibited terms are: “Automated,” “Automated driving,” “Autonomous,” “Autonomous driving,” “Drive autonomously,” “Drive itself,” “Driverless,” and “Self‑driving.”
- Breach can trigger criminal prosecution (unlimited fine, up to two years’ imprisonment) or civil remedies (injunctions, corrective statements). Three statutory defences are available.
- The same advertising may also violate the Digital Markets, Competition and Consumers Act 2024, giving the Competition and Markets Authority direct enforcement powers and the ability to impose fines of up to 10 % of global turnover or £300,000, whichever is greater.
- Businesses should audit all UK‑facing communications, ensure claims about automated features are accurate and substantiated, and clearly separate driver‑assistance functions from authorised self‑driving capability to mitigate risk under both regimes.
Background
On 7 July 2026 the UK government published its response to a consultation on terminology used to market self‑driving vehicles, confirming plans for regulations designed to prevent drivers from misunderstanding vehicle capabilities or over‑relying on automated features. The move follows growing concern that vague or aspirational language in advertising could create safety risks and erode public trust in emerging autonomous technology.
The Restricted Terms
The Automated Vehicles (Marketing Restrictions) Regulations 2026 will activate Section 78 of the Automated Vehicles Act 2024 by prohibiting the following words and their grammatical variations when used to describe a vehicle’s overall capabilities: “Automated,” “Automated driving,” “Autonomous,” “Autonomous driving,” “Drive autonomously,” “Drive itself,” “Driverless,” and “Self‑driving.” The restriction applies only to statements that suggest the whole vehicle can drive itself; individual features such as autonomous emergency braking or lane‑keeping aids may still be labelled “autonomous” provided the advertisement does not imply full self‑driving ability for the vehicle.
Legal Foundation – AV Act Section 78
Section 78 of the Automated Vehicles Act 2024 empowers the Secretary of State for Transport to specify words that constitute an offence when used to promote or supply a road vehicle or vehicle equipment. Prior to the 2026 Regulations, no such words had been designated, leaving the offence dormant. The new regulations therefore bring Section 78 into force, creating a clear legal basis for penalising misleading terminology.
Consultation and Ministerial Action
The government’s consultation last year revealed strong support for limiting terms that imply self‑driving capability when a vehicle lacks AV Act authorisation. Respondents argued that clearer language would reduce consumer confusion and improve road safety. In light of this feedback, Roads and Buses Minister Simon Lightwood laid the Automated Vehicles (Marketing Restrictions) Regulations 2026 before Parliament. Absent a formal objection—which is not anticipated—the regulations will commence on 7 January 2027.
Effective Date and Implementation
Unless Parliament raises a formal objection, the regulations will take effect on 7 January 2027. From that date, any UK‑facing advertisement, product description, website copy, consumer contract, dealer material, or other communication that uses any of the Restricted Terms to suggest overall self‑driving capability will be unlawful if the vehicle has not been authorised under the AV Act. Businesses are advised to begin reviewing and revising relevant content well in advance of the deadline.
The “Confusion” Offence – Section 79
Section 79 of the AV Act creates a broader “confusion” offence that applies when a communication is likely to mislead an end user about whether a vehicle can drive itself, even if the specific Restricted Terms are not used. This offence remains dormant because additional legislation is required to activate it. The 2026 Regulations do not cover Section 79, so the confusion offence will not commence on 7 January 2027, but the government’s direction signals that it will be brought into force in the future. Companies should therefore prepare for its eventual implementation.
Enforcement Under the AV Act
The Secretary of State for Transport is the statutory enforcer of Section 78, although operational enforcement is expected to be carried out by agencies within the Department for Transport. A breach can lead to criminal prosecution, with penalties of an unlimited fine, up to two years’ imprisonment, or both. Civil enforcement may result in an injunction to stop the offending communication and an order to publish a corrective statement. Both routes generally require court proceedings, though civil matters may be settled via an undertaking given by the business.
Defences Available to Businesses
A business accused of violating Section 78 may rely on three statutory defences: (1) the Restricted Term was not intended to convey, and could not reasonably have been understood as conveying, any meaning associated with automation; (2) the term was directed at consumers outside the UK, and all reasonable precautions were taken to prevent the term from reaching UK road users; (3) the business did not manufacture or supply the vehicle or equipment and had no knowledge—or reason to suspect—that the term would constitute an offence. Successful reliance on any of these defences can absolve liability.
Interaction with the DMCC Act
The same advertising may also breach the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which prohibits false or misleading commercial practices. An exaggerated claim that a vehicle can drive itself when it lacks AV Act authorisation can trigger liability under both the AV Act and the DMCC Act. While both regimes allow criminal and civil sanctions, the DMCC Act grants the Competition and Markets Authority (CMA) direct enforcement powers. The CMA can issue cease‑and‑desist orders, mandate consumer redress, require compliance measures, and impose fines of up to 10 % of the business’s global turnover or £300,000, whichever is greater—without first obtaining a court order.
Practical Compliance Steps
Businesses involved in manufacturing, supplying, or promoting motor vehicles and related components should conduct a comprehensive audit of all UK‑facing materials—including advertising, websites, product descriptions, consumer contracts, dealer literature, and social media posts—for any use of the Restricted Terms that imply overall self‑driving capability. Beyond simply removing the prohibited words, firms should evaluate the net impression of their communications, ensure that any claims about automated features are accurate, substantiated, and clearly distinguished from authorised self‑driving functionality. These measures not only reduce risk under the AV Act but also help avoid potential violations of the DMCC Act and position companies to respond swiftly once the Section 79 confusion offence is activated.
Conclusion and Outlook
The forthcoming restrictions represent a significant step toward greater transparency in the marketing of autonomous vehicle technology. By prohibiting ambiguous terms that could mislead consumers, the UK aims to align promotional language with the rigorous authorisation process set out in the AV Act. While the immediate impact will be felt from January 2027, the broader regulatory trajectory—including the eventual activation of the confusion offence—suggests that ongoing vigilance will be required. Companies that proactively audit their messaging, substantiate claims, and maintain clear distinctions between driver‑assistance and true self‑driving capabilities will be best placed to navigate this evolving legal landscape.