Local Regulation of Self-Driving Cars

I want to do some posts about a topic far removed from what I usually discuss. In my Torts class and in some talks, I've developed an idea about how autonomous vehicle usage should be regulated. My argument is that cities should be given broad discretion to develop their own rules for self-driving cars. I mat write this up in a formal paper later this year.

Let's start by thinking about this problem broadly. Traffic regulation is generally a local function. Setting speed limits, thinking through parking rules, choosing where to put a stop sign or a traffic light, and so on. Enforcement is also generally local. Why is that? Because it's hard to have a one-size-fits-all traffic system given variations in weather, traffic patterns, road conditions, and many other factors.

Self-driving vehicles present an especially good case for local regulation in many respects. It's a classic example of an experimental technology where we need many different approaches tested. Permitting each city to set up its own regulatory framework would mimic how the market tests a new product by giving many variations a chance and seeing which one works best over time. 

Finally, self-driving vehicle adoption depends in large part on earning the trust of the public. People will be uncomfortable with robot cars for many years, but that would be easier to manage if the community could limit or dictate how often and where they are used. The vehicles must interact with bike riders, with pedestrians, with other cars, and with first responders. State and national governments are not in a good position to set these sorts of policies to build trust and comfort.

Next time I'll talk about some specific issues with self-driving cars and local government authority.