Content area
Full text
Abstract: The prospect of self-driving vehicles operating on our roadways brings with it both promise and risks. One of the most prominent risks is ensuring that an appropriate regulatory scheme is in place to permit manufacturers to test and deploy self-driving cars on public roadways while minimizing safety threats to the public. Currently, self-driving cars are operating under a regulatory framework designed for vehicles driven by humans. Legislative proposals have been put forth to remove barriers and adjust the present self-certification model of compliance to fit self-driving cars. This Note explores the current state of the regulatory system for self-driving cars and legislative proposals to change it. It argues that a type approval process, similar to the practice used by the Federal Aviation Administration for aircraft, would serve as a useful regulatory model to ensure public safety without constraining innovation.
Introduction
Humans are responsible for ninety-four percent of motor vehicle crashes.1 With 37,133 fatalities on U.S. roadways in 2017, even a modest reduction in human error could have significant benefits for society overall.2 Accordingly, it is not surprising that the prospect of self-driving cars replacing careless, distracted, and slow-to-react human-driven cars has created so much excitement.3 A self-driving car can see 360 degrees at all times, never gets distracted or tired, and can react instantaneously.4 That is at least how a self-driving car is supposed to work.5
On March 18, 2018, Elaine Herzberg became the first pedestrian fatality from a self-driving car, when she was struck and killed by an automated Uber test vehicle operating with its automated driving system engaged.6 Herzberg was crossing a street at night and not within a crosswalk when she was struck.7 The automated driving system failed to detect Herzberg as she crossed the street, and the safety driver conducting the testing appeared to be distracted and not monitoring the roadway.8 Arizona Governor Doug Ducey subsequently suspended Uber's testing operations in Arizona on March 26, 2018.9 Two months later, on May 23, 2018, Uber announced that it was ending its automated vehicle testing program in Arizona.10 The accident demonstrates that, even though they may hold great promise for society, self-driving cars also pose a danger to the public when they malfunction.11
When rubber meets the road, lawmakers must answer...