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Here is the link: Computer-Based System Safety Essential Reading List
What if you need to get out of the vehicle RIGHT NOW in a robotaxi -- is that allowed? What are the implications?
In any automated system there will be times when an occupant wants to override the automation, and especially when they want to exit a moving automated vehicle. Reasons might include: wanting to re-open transit vehicle doors if a passenger was unable to exit in time at their stop; an attack of claustrophobia; wanting to get away from another passenger due to personal safety concerns; or even needing to escape a cabin fire. Some egress requests might constitute misuse or abuse, such as stopping a vehicle to intentionally block traffic, or intentionally accessing an off-limits area such as a bridge with no pedestrian infrastructure.
Creating a complete list of all possible
motivations is difficult, and weighing the merits of all such egress attempts
in advance seems intractable. Nonetheless, there are times when a passenger
desire to exit a moving vehicle should be honored, although the vehicle should
likely at least stop before permitting an exit.
In still other situations passengers might want to
force an otherwise stopped vehicle to move. One reason might be fear for
personal safety if threatened by malicious actors while stopped at a traffic
light. Another reason might be overriding a police stop if the vehicle occupant
suspects a stopping officer is instead a criminal imposter, at least until
legitimacy of the police stop can be confirmed via contact with an emergency
dispatcher.[1]
Another special situation is one in which a
passenger has a compelling reason to order an AV to operate outside its ODD or
with degraded equipment in an emergency, even if doing so will result in a
reduced safety margin. For example, an AV might be programmed not to drive
through heavy smoke, but doing so might be required to escape a burning town in
a wildfire situation. The AV occupant might want to take the chance of driving rather
than remaining in the burning town.[2]
Human drivers have the authority to deal with these
situations so long as they are willing to accept the responsibility. Do you
start driving when someone is trying to forcibly break into your car at a
traffic light even if you might injure that malicious actor by doing so? The
choice – and responsibility for consequences – falls upon the person driving a
manually driven car.
The question is: to what degree should an AV
support operator overrides of safety-relevant behaviors? A complication is that
there might not be a responsible individual in a vehicle to exercise control.
What if a passenger is allowed to override some behaviors of the vehicle, but
that passenger is impaired, or not capable of exercising mature judgment?
Should an 8 year old riding solo be able to command vehicle safety overrides?[3]
Answers as to how much control a passenger should
have over AV operation will depend on how stringent qualifications are for a
passenger to be capable of mature decision making. It is easy to say there must
be one qualified driver if there are any passengers in an AV and that manual
controls must be available if needed. However, requiring a qualified driver
undermines the potential benefits that AVs might provide for those who are not
capable of driving or should not be driving at a particular time.
If other than unimpaired licensed drivers are
permitted to override AV behaviors, there will be difficult tradeoffs as to
what overrides might be permitted. Likely an 8 year old child should not be
permitted to exit a school vehicle in the middle of a highway to avoid going to
school. On the other hand, a 14 year old[4] might
be considered mature enough to demand an emergency stop if the vehicle tries to
drive into flood waters, or initiate an emergency exit with their younger
sibling if the cabin fills with smoke from a vehicle battery fire.
Even if a passenger is an adult licensed to drive,
should that adult be permitted to override vehicle behavior if drunk or
otherwise impaired? If not, should the vehicle disable override capability if
the passenger is drunk? Or should it be illegal to enter an AV with override
capability when drunk?
While it can be an interesting exercise to conjure
extreme situations, the issue of passenger overrides and egress can also be as
simple as a passenger saying “I want to get out now” when the vehicle is
stopped at a red traffic light but not at the end of the scheduled trip. Should
the passenger be able to unlock doors and exit? Or should the passenger be kept
locked inside the vehicle until the end of the trip? Should there be a
workaround available such as changing the destination? If so, should the
passenger have permission to do this if some authority figure such as a parent
input the original destination? Where should the threshold be drawn at which
such a passenger request is denied both in context (speeding down a highway vs.
stopped) or passenger maturity (a passenger one day before turning 18 years old
but with no driver’s license vs. grade school age child)?
There is the possibility that remote operators will
need to mediate requests for overriding AV behavior either routinely or if
there is doubt as to the competence of passengers to make reasonable decisions.
However, any such remote operators can be expensive, will have problems
scaling, and might result in wait times long enough to impair safety by
delaying decisions in urgent situations.[5]
For AVs to be deployed at scale, designers will need to decide how much authority passengers have to override vehicle behavior, and whether emergency manual vehicle controls will be required even in vehicles that are intended to be completely automated. There will be no perfect policy choice, but not setting a consistent policy is also a policy choice.
[1] Yes, this is a thing. Report of an accused police imposter pulling
over a van full of legitimate police detectives: https://www.youtube.com/watch?v=ogGBwrrkKY4
[2] This consideration has
become especially relevant for residents of California. See: https://www.insideedition.com/how-drive-through-fire-48422
[3] One might say that no 8
year old should ride in an AV solo. But if that is the case, what exactly is
the cut-off age? Some public high school systems rely on public mass transit
instead of dedicated school buses, so any AV public transit vehicle will have under-age
ridership. Is training or perhaps even a “rider license” required to ride in an
AV and use the override controls? This topic gets complex quickly.
[4] Some states issue driver licenses to 14 year-olds in special cases. Would such a driver license be required in this case? See: https://www.thedrive.com/news/39184/americas-rarest-drivers-license-lets-14-year-olds-hit-the-road-legally
[5] The usual solution proposed is remote customer service operators that intervene when needed. Those proposing that passengers need have no control because remote operators can solve all safety problems need to spend more time waiting in customer service phone waiting queues. An additional consideration is the likely disruption to emergency response services during a natural disaster that will also require simultaneous attention to numerous AV passenger distress situations. New Year’s Eve screening of requests from potentially drunk passengers will also be challenging.
Bootstrapping Safety Assurance
Abstract:The AV industry has been successfully pursuing state regulations to blame the computer for any crashes by saying that the Automated Driving System (the computer) is considered to be the driver of any AV operating on public roads. That way there is no person at fault for any harm to road users. Yes, really, that is what is going on.[1]
The general AV industry tactic when lobbying for
such rules is to argue that when fully automated driving is engaged the “driver”
is the driving computer (the ADS). Any remote safety supervisor is just there
to lend a hand. In some states a remote human support team member need not have
an appropriate driver license, because it is said that the ADS that is the
driver. Superficially this seems to make sense. After all, if you are a
passenger who has paid for a retail robotaxi ride and the AV breaks a traffic
law due to some flaw in the design, you as the passenger should not be the one
to receive a ticket or go to jail.
But the tricky bit is that ADS computers are not
afforded the legal status of being a “person” – nor should they be.[2]
Corporations are held to be fictitious people in some legal circumstances, but a
piece of equipment itself is not even a fictitious person.[3]
If a software defect or improper machine learning
training procedures result in AV behavior that would count as criminally
reckless driving if a human were driving, what happens for an AV? Perhaps
nothing. If the ADS is the “driver” then there is nobody to put on trial or
throw into jail. If you take away the driver’s license for the ADS, does it get
its license back with the next software update?[4] Where
are the repercussions for an ADS being a bad actor? Where are the consequences?
Blaming the ADS computer for a bad outcome removes
a substantial amount of deterrence due to negative consequences because the ADS
does not fear being harmed, destroyed, locked up in jail, fined, or having its driver’s
license revoked. It does not feel anything at all.
A related tactic is to blame the “operator” or “owner”
for any crash. In the early days of AV technology these roles tended to be
either the technology developer or a support contractor, but that will change
over time. Contractors perform testing operations for AV developers. Individual
vehicle owners are operators for some AV technology road tests. Other AV
operators might work through a transportation network service. Someone might
buy an AV in the manner of a rental condo and let it run as a robotaxi while
they sleep.
Imagine an arrangement in which an investor buys a
share in a group of robotaxis as might be done for a timeshare condo. A
coordinator lines up independent contractors to manage investment money, negotiate
vehicle purchases, arrange maintenance contracts, and participate in a ride-hailing
network. Each AV is the sole asset of a series LLC to act as a liability
firewall between vehicles. The initial investor later sells their partial
ownership shares to an investment bank. The investment bank puts those shares
into a basket of AV ownership shares. Various municipal retirement funds buy
shares of the basket. At this point, who owns the AV has gotten pretty
complicated, and there is no substantive accountability link between the AV
“owner” and its operation beyond the value of the shares.
Then a change to the underlying vehicle (which was
not sold as an AV platform originally, but rather was adapted by an upfitter
contractor) impairs functionality of the aftermarket add-on ADS manufactured by
a company that is no longer in business. If there is a crash who is the “operator?”
Who is the “owner?” Who should pay compensation for any harm done by the AV? If
the resultant ADS behavior qualifies as criminally negligent reckless driving,
who should go to jail? If the answer is that nobody goes to jail and that only
the state minimum insurance of, say, $25K pays out, what is the incentive to
ensure that such an arrangement is acceptably safe so long as the insurance is
affordable compared to the profits being made?
While the usual reply to concerns about accountability is that insurance will take care of things, recall that we have taken some passes at discussing insurance and risk management can be insufficient incentive to ensure acceptable safety, especially when it only meets a low state minimum insurance requirement[5] originally set for human drivers that have skin in the game for any crashes.
[1] For a compilation of US
state laws and legislative hearing materials see: https://safeautonomy.blogspot.com/2022/02/kansas-av-regulation-bill-hearings.html
[2] Despite occasional hype
to the contrary, machine learning-based systems are nowhere near achieving
sentience, let alone being reasonably qualified to be a “person.”
[3] I am not a lawyer
(IANAL/TINLA), so this is a lay understanding of the rules that apply and
nothing in this should be considered as legal advice.
[4] In several states an ADS
is automatically granted a driver’s license even though it is not a person. It
might not even be possible to take that license away.
[5] IIHS/HLDI keeps a list of
autonomous vehicle laws including required insurance minimums. The $1M to $5M
numbers fall short of the $12M statistical value of human life, and are
typically per incident (so multiple victims split that maximum). In other
states the normal state insurance requirement can apply, which can be something
like a maximum of $50,000 per incident and might permit self-insurance by the
AV company, such as is the case in Kansas: https://insurance.kansas.gov/auto-insurance/ This insurance maximum payout requirement is
less than the cost of a typical AV. In practice it might be the case that
victims are limited to recovering insurance plus the scrap value of whatever is
left of the AV after a crash, with everyone else being judgement-proof.