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New Regulations for Self-Driving Cars

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Last Updated: 07-27-2023
Written by: Michael A. Rose and Gregory Hach

In “Automated Driving Systems 2.0: A Vision for Safety” (the Vision), the U.S. Department of Transportation updated its safety guidelines for the testing, manufacturing, and deploying of self-driving or autonomous vehicles. The new version is significantly more relaxed than its predecessor and emphasizes its voluntary nature “This Guidance is entirely voluntary, with no compliance requirement or enforcement mechanism.” Car manufacturers and technology companies praise the new guidelines. they allow these entities broad discretion by “encouraging the self-establishment of industry safety norms.” Essentially, the DOT advocates for these entities’ independence in establishing the standards for employee training, consumer education, and overall quality in the autonomous vehicle industry. However, giving private businesses full reign to establish adequate standards for their products creates the unavoidable risk of companies prioritizing their financial self-interests over public safety.

Regulating Self-Driving Cars

While the Vision’s goal is promoting innovation in the autonomous vehicle industry, it is unclear how it will be implemented without stripping State and Local governments of regulatory power. In the Vision’s Introductory Message, U.S. Secretary for Transportation, Elaine L. Chao, contemplates “a future” where “the elderly and people with disabilities gain access to the freedom of the open road” with self-driving cars. However, this is rather a bold assertion as it presumes that either the States will proactively revise current legislation to reflect and support the self-established industry norms or Congress will preempt the States from legislating on self-driving vehicles. The Vision states, “NHTSA is responsible for regulating motor vehicles and motor vehicle equipment, and States are responsible for regulating the human driver and most other aspects of the motor vehicle operation,” yet it is unclear where on the spectrum a human driver behind the wheel of an autonomous vehicle would land – under NHTSA’s or the State’s regulatory power? Assuming self-driving cars allowed the elderly and disabled wider access to “the open road,” this would necessitate a more lenient revision of licensing requirements, traffic laws, and regulations.

The Human Factor

Self-driving vehicles will inevitably lower driver alertness and control as the driver will allow the autonomous system to maintain primary control over the vehicle. Minimizing human interaction could trigger an influx of potential concerns, including questions of accountability. If an autonomous system fails to acknowledge a red light or perceive a merging vehicle resulting in a crash, should the driver, the manufacturer, or both be held accountable, and to what extent? Beyond liability, how will driver alertness be mandated, measured, and enforced? Will autonomous vehicles substitute the driver or supplement driving? Misclassifying autonomous vehicles as substitute drivers instead of a complement to driving (and vice versa) could easily transform self-driving vehicles’ safety function into a safety hazard; under-reacting to a situation can be just as dangerous as over-reacting, and the hazards associated with both can be expected to increase as driver alertness decreases. According to Vision, consumer education and employee training (which could minimize the risk) should be the manufacturer’s responsibility, but it is highly unlikely a manufacturer’s commitment to public safety would come at the expense of finalizing a sale. So the final question is… how effective can we expect self-serving safety standards to be?

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