Wednesday, February 10, 2016

Hold On: No Google Driver's License Yet

Reports are coming fast and furious of Google's success in convincing NHTSA - the US National Highway Traffic Safety Administration - that a driverless vehicle without even a steering wheel is the equivalent of a human driver and could conceivably operate on the roads.

Two of many sources

Re/code post

Fortune

Is Google going to be tooling down I-95 anytime soon?
One word: No

1. The US federal government does not license any drivers. The state governments do that. So far, no state has authorized a vehicle without a licensed human or any vehicle without a steering wheel to operate on its roadways. Some states have, thus far, permitted testing. None have issued rulings, regulations, or court decisions that definitively state that a vehicle without a steering wheel may operate on its roads. However, as some state laws are vague on this question, it is possible some will choose to allow driverless vehicles to operate and will not change their current laws.

2. The federal government does have the powers of its purse, of persuasion, and of the Commerce Clause to the US Constitution. Much road funding comes from the feds, so conditions attached speak loudly to the states. The Commerce Clause permits Congress to pass laws - you guessed it, affecting commerce - a hole one could drive a truck through, no pun intended. The commerce clause allows the federal government to regulate the sale of chickens that have never seen another state.

No question that Congress has the authority, if it chooses to exercise it, to regulate or throw out some rules regarding driverless vehicles. 

3. The states have and could again adopt uniform legal codes relating to driverless vehicles and technology. Such laws exist for commercial paper, evidence, probate, among others. There is even a Uniform Law Commission that promotes such laws. The full name of the Commission being the National Conference of Commissioners on State Uniform Laws. Beware: An identically-worded statute in all 50 states and the District of Columbia does not necessarily mean that the judges in those states will interpret those laws in identical ways.

Click here for more legal discussion of uniform laws.

And Google's package delivery patent - not yet ready for prime time

I should give up a package delivery man for this? Google just patented a system whereby a presumably driverless truck or car would deliver a package, but - get this - a human at the destination would have to type in a PIN number to open a locker with the package. I can't even remember which PIN goes to what and now I would have to have on hand the unique number to retrieve dental stuff or a cheap book? 

Plus, there are a bunch of steep steps to walk down to the street. Right now, the delivery guy does the climbing.

Or my receptionist at work, who does 100 other things, also would have to keep a list of package PINs.

Nice first step Google. Please keep trying. 

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