The dangers of digital things: Self-driving cars steer proposed laws on robotics and automation, ABA Journal, March 2018

Victor Li, ABA Journal; The dangers of digital things: Self-driving cars steer proposed laws on robotics and automation

"Some states are standing in a legal gray area. Pennsylvania, for example, is a training ground for Uber’s collaboration with Carnegie Mellon to deploy autonomous vehicles throughout Pittsburgh. At press time, Pennsylvania did not have a statute that speaks to the legality of driverless cars.

However, Roger Cohen, policy director at the Commonwealth of Pennsylvania Department of Transportation, says the state has long operated under the assumption that autonomous cars are allowed on public roadways—as long as a human driver is at the steering wheel ready to take over. PennDOT has taken the lead in promulgating policies relating to autonomous vehicles with the goal of their formal adoption into law.

“That policy was deemed to be a more effective tool for the public oversight of testing operations because of its ability to be flexible and nimble and rapid in responding to what are fast-moving, unpredictable, hard-to-anticipate new developments,” Cohen says.

As with Michigan, Cohen says time is of the essence, adding that although Pennsylvania’s regulatory structure has an important purpose, it generally takes one to two years to process feedback and review the rules. “That was deemed to be ineffective for emerging technology,” Cohen says.

Instead, PennDOT has been freed up to develop policies while collaborating with a wealth of stakeholders—including academics, sister agencies, lawyers, technology companies and members of the automotive industry. Cohen says bills are pending in both state legislative houses, and he is optimistic that they’ll be passed.

“When it comes to car accidents, we must drive down the death rate toward zero, which is our goal,” Cohen says. “We have a technology that gives us our best chance to do that. I think there are real issues concerning data ownership, data privacy and cybersecurity. But there’s every reason to be optimistic.”"