First, is that AP was running into stopped vehicles on the road. This should not happen, of course. AP (TACC) is supposed to react to other vehicles. If it does not provide more than a one second of corrective action when approaching a stopped car, then it needs work.
Second is the issue of inattentive drivers, who should have taken control long before the car crashed. The issue is not that there are drivers who will do dumb things, like watch videos on their phones while driving. The issue is whether the car has suitable safety measures to ensure attentiveness. Modern cars need safety measures that offset the tendency of drivers to pay less attention to the road once when using features like lane keeping.
My suspicion is that Tesla will ultimately need to require head/eye tracking with all ADAS functions, not just FSD beta. That should be fairly straightforward. The problem is going to be how to deal with those models that have no interior camera.
Generally I agree, but I'm not sure why it's the cars responsibility to make sure the driver is paying attention. We've had plain-old cruise control for decades, and no-one was saying the car should ensure the driver was alert at all times.
The problem here is that its easy to conflate driver
assist with driver
substitution, and also
capability with
responsibility. Sure, we have the technology to make sure drivers are paying attention to the road .. that's a useful and valuable
capability to assist in improving road safely. But does it shift the
responsibility to pay attention from the driver to the car? Can the driver say "the car was SUPPOSED to remind me when something bad was about to happen"?. And even if he/she
does say that, what does the law say?
What if we developed a device to detect drunk drivers? Can a driver who was pulled over for causing an accident while drunk claim it was the cars fault for letting him drive impaired? Can a burglar who steals stuff from your unlocked car claim it was your fault for leaving the car unlocked? Or the car maker for not supplying strong enough locks?
My feeling is the answer to these questions is all the same .. its the perpetrators responsibility, not the technology for allowing it to happen. So why are things like AP/FSD being treated differently? Partly, no doubt, because of some of the publicity and hype around features like AP/FSD, leading drivers to over-estimate the capabilities of the technology. But that's just another excuse .. the manual is VERY clear on what the car can and cannot do .. it even EXPLICITLY says that the car will not brake for parked or immobile vehicles. If you buy something that's potentially lethal (and
every car is that), don't read about how to use it safely, and end up killing someone, you can't plead ignorance as an excuse. You acted irresponsibly, plain and simple. After all, that's why we have driving tests in the first place!
The NHTSA is charting new territory here, and very murky waters. I'm sure they know it, and I'm sure auto-makers are watching very carefully. Sure, they might think Tesla put their head in a noose, but they all have similar self-driving aspirations, and are being very careful about how they may be impacted by anything coming from the feds.