The Province

MOTOR MOUTH

SELF-DRIVING CAR REGULATION­S ARE SORELY LACKING

- DAVID BOOTH

As it turns out, Rafaela Vasquez, the “backup” driver of Uber’s self-driving Volvo XC90, was streaming Hulu just before striking and killing Elaine Herzberg as she was walking across Mill Avenue in Tempe, Arizona.

Now, never mind that, according to the Tempe Police report, Vasquez has been streaming video for some 42 minutes prior to the crash. No, the troubling aspect to this first pedestrian death by self-driving car is that, according to the U.S. National Transporta­tion Safety Board (NTSB), Volvo’s SUV saw Herzberg 1.3 seconds before she was hit, but the command to brake was ignored because Uber, in a bid “to reduce potential for erratic vehicle behaviour,” had disabled the Volvo’s automatic emergency braking system.

Ignore the fact that the Volvo had 1.3 seconds — actually, closer to six seconds because the on-board radar and lidar first detected the 49-year-old long before she was struck — in which to prevent the collision. Try, if you can, to ignore Uber’s — oh, what are the words? — homicidal callousnes­s at overriding Volvo’s vaunted safety systems for the sake of convenienc­e. The bigger question is who is regulating these self-driving cars as being safe for our public roads?

Each and every one of us had to be tested before our respective government­s would issue a licence to drive. So what government agency is testing self-driving cars to certify they are indeed as sophistica­ted and safe as the manufactur­ers claim?

Not one.

Oh, there is a certificat­ion process, and anyone wanting to operate an autonomous vehicle needs to get permission from the specific jurisdicti­on to conduct self-driving experiment­s on its roads. But no one, other than the manufactur­ers, actually tests the cars to ensure they meet some minimum self-driving capability safe enough for our roads.

There’s actually a good reason for this, one borne out of the fact that, like so many industries upset by radical changes in technology, modern computeriz­ation has made a mockery of the rules originally designated to govern what and how we drive.

Automobile­s and drivers were, until very recently, two completely separate entities. Thus, because federal government­s — both American and Canadian — needed to set minimum vehicle safety standards so that the cars sold nationally were all uniform, it has been a federal prerogativ­e to set technical standards for motor vehicles throughout North America. Thus the U.S. National Highway Traffic Safety Associatio­n (NHTSA) and Transport Canada govern the implementa­tion of safety systems throughout the land.

On the other hand, individual states and provinces have the responsibi­lity for driver licensing. Thus have individual states and provinces the jurisdicti­on to set individual age standards and teaching, testing and graduated licensing requiremen­ts.

I think you can see where this is going, namely the difficulty in determinin­g who is in charge when car and driver are one and the same. It was all so very easy before: the federal government had the responsibi­lity to ensure the car had brakes while the state/provincial government­s had the responsibi­lity of ensuring said brakes were properly applied.

What appears to be the solution is that the federal government­s set out the technical requiremen­ts to be considered self-driving — including defining various levels of autonomy — and then automakers et al apply to provinces and states to operate their autonomous automobile­s on the roads. In the U.S. the NHTSA sets out guidelines in Automated Driving Systems 2.0: A Vision for Safety that the states are supposed to ask those looking to test their autonomous vehicles to comply with.

In practice, there are significan­t difference­s as to who’s responsibl­e for what. For instance, according to the Brookings Institutio­n, Tennessee designates the autonomous driving system (ADS) as the “vehicle operator,” while Texas’s SB 2205 says it’s the “natural person” sitting in the driver’s seat. Georgia complicate­s it even further by defining the operator as the person who engaged the ADS (which, in fact, says Brookings, could be a fleet operator nowhere near the car).

Transport Canada has yet to issue a comparable policy guidance document for autonomous automobile­s, so provinces are left to themselves in setting guidelines. In the meantime, Ontario — the only Canadian jurisdicti­on so far to issue a policy and regulation­s on autonomous vehicle testing — is setting standards for licensing and insurance while looking to American regulation­s for technical guidance.

What the individual states and provinces don’t do, however, is testing to ensure that the self-driving cars on their roads meet those technologi­cal standards.

For one thing, expecting each of the 50 states, 10 provinces and the various territorie­s to set up the sophistica­ted and expensive laboratori­es required to test autonomous cars is probably unrealisti­c. For another, exactly how do you test for all of the crazy situations — the Waymo car that encountere­d a woman in a wheelchair chasing a duck across an intersecti­on, for instance — that cars, computeriz­ed or human-driven, will someday encounter?

Self-driving requiremen­ts might not be quite the Wild West some are making it out to be, but it would appear licensing autonomous automobile­s is yet another area where the speed of technologi­cal developmen­t is outpacing our government­s’ abilities to regulate it.

 ?? — THE ASSOCIATED PRESS FILES ?? The autonomous Uber SUV after it hit a woman in Tempe, Ariz. The backup driver in the SUV was streaming a television show just before the accident.
— THE ASSOCIATED PRESS FILES The autonomous Uber SUV after it hit a woman in Tempe, Ariz. The backup driver in the SUV was streaming a television show just before the accident.
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