[If the report is accurate, the ignorance of NHTSA is astounding.

[A driver has responsibilities under civil, traffic and criminal law, and is 
subject to liabilities to others, and to sanctions including fines and 
deprivation of liberty.

[Is NHTSA seriously saying that these responsibilities of a human driver are 
being applied instead to a piece of software - which is not a legal entity - 
leaving it to the courts to establish whether the liabilities and sanctions may 
ever apply to any legal entity at all???? ]


US says Google computers qualify as drivers
By Staff Writer on Feb 11, 2016 11:31AM
http://www.itnews.com.au/news/us-says-google-computers-qualify-as-drivers-414974
Boost to self-driving cars.

US vehicle safety regulators have said the artificial intelligence system 
piloting a self-driving Google car could be considered the driver under federal 
law, a major step toward ultimately winning approval for autonomous vehicles on 
the roads.

The National Highway Traffic Safety Administration told Google of its decision 
in a previously unreported Feb. 4 letter to the company posted on the agency's 
website this week.

Google's self-driving car unit on Nov. 12 submitted a proposed design for a 
self-driving car that has "no need for a human driver," the letter to Google 
from National Highway Traffic Safety Administration chief counsel Paul 
Hemmersbaugh said.

"NHTSA will interpret 'driver' in the context of Google's described motor 
vehicle design as referring to the (self-driving system), and not to any of the 
vehicle occupants," NHTSA's letter said.

"We agree with Google its (self-driving car) will not have a 'driver' in the 
traditional sense that vehicles have had drivers during the last more than one 
hundred years."

Major automakers and technology companies such as Google are racing to develop 
and sell vehicles that can drive themselves at least part of the time.

All participants in the autonomous driving race complain that state and federal 
safety rules are impeding testing and eventual deployment of such vehicles. 
California has proposed draft rules requiring steering wheels and a licensed 
driver in all self-driving cars.

Karl Brauer, senior analyst for the Kelley Blue Book automotive research firm, 
said there were still significant legal questions surrounding autonomous 
vehicles.

But if "NHTSA is prepared to name artificial intelligence as a viable 
alternative to human-controlled vehicles, it could substantially streamline the 
process of putting autonomous vehicles on the road," he said.

If the car's computer is the driver for legal purposes, then it clears the way 
for Google or automakers to design vehicle systems that communicate directly 
with the vehicle's artificial pilot.

In its response to Google, the federal agency offered its most comprehensive 
map yet of the legal obstacles to putting fully autonomous vehicles on the 
road. It noted existing regulations requiring some auto safety equipment can 
not be waived immediately, including requirements for braking systems activated 
by foot control.

"The next question is whether and how Google could certify that the 
(self-driving system) meets a standard developed and designed to apply to a 
vehicle with a human driver," NHTSA said.

Google is "still evaluating" NHTSA's lengthy response, a company spokesperson 
said. Google executives have said they would likely partner with established 
automakers to build self-driving cars.

Worries about people undermining safety

Google told NHTSA the real danger was having auto safety features that could 
tempt humans to try to take control.

Google "expresses concern that providing human occupants of the vehicle with 
mechanisms to control things like steering, acceleration, braking... could be 
detrimental to safety because the human occupants could attempt to override the 
(self-driving system's) decisions," the NHTSA letter stated.

NHTSA's Hemmersbaugh said federal regulations requiring equipment like steering 
wheels and brake pedals would have to be formally rewritten before Google could 
offer cars without those features.

For example, current federal rules require alerts on dashboards if tire 
pressure runs low. NHTSA said a test would need to be created that shows the 
vehicle computer is informed of the problem. NHTSA raised the question of 
whether humans in the vehicles should also be made aware.

In January, NHTSA said it may waive some vehicle safety rules to allow more 
driverless cars to operate on US roads as part of a broader effort to speed up 
development of self-driving vehicles.

NHTSA said then it would write guidelines for self-driving cars within six 
months. Transportation Secretary Anthony Foxx said the administration may seek 
new legal authority to allow deployment of autonomous vehicles "in large 
numbers," when they are deemed safe, the department said.

The process of rewriting federal regulations governing the design, placement 
and operation of vehicle controls could take months or years. The NHTSA counsel 
said Google could consider applying for exemptions for certain regulations, 
providing NHTSA with supporting documents.


-- 
Roger Clarke                                 http://www.rogerclarke.com/
                                     
Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 6916                        http://about.me/roger.clarke
mailto:[email protected]                http://www.xamax.com.au/ 

Visiting Professor in the Faculty of Law            University of N.S.W.
Visiting Professor in Computer Science    Australian National University
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