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this post was submitted on 27 Jul 2023
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The responsible party should be the owner of the vehicle, not the manufacturer or passenger. If a company runs an automated ride share service, for example, that company should be liable. Likewise if you own a car and use the self-driving feature, you are at fault it it goes wrong, so you should use it at your own risk.
That said, for the owner to be truly responsible, they need ownership of the self-driving code, as well as diagnostics for them to be able to monitor it. If they don't have that, do they truly own the car?
That said, there's nothing stopping a manufacturer or dealer from making a deal to cover self-driving fines.
Well exactly, I see no way that all the self driving source code will be FOSS (I don't think corporations would ever willingly sign onto this). So the responsible party in the case of a malfunction should therefore be the company, because in a full self driving setup the occupant is not controlling the vehicle, and has no reasonable way to ensure the safety of the code.
Which is why it should be dual responsibility. The owner of the vehicle chose to use the feature, so they have responsibility. If it malfunctions when the driver was following the instructions, the manufacturer has responsibility. Both are culpable, so they should share responsibility.