It’s a familiar frustration for ridehail users: you open the Uber or Lyft app, enter your destination, and discover that your intended trip costs several times more than expected. The culprit is surge pricing, one of ridehail’s most important and controversial innovations. Customers grumble about higher fares, but Uber and Lyft executives have insisted that surge pricing benefits them by attracting additional drivers, which allows the companies to fulfill more trips and reduce wait times.
That justification makes intuitive sense, but it raises an awkward question about robotaxis, which are expanding across the US, from San Jose, California, to Washington, DC. If surge pricing is intended to expand the driver pool, why is it now being used by companies with driverless vehicles?
Waymo, which offers robotaxi trips in the Bay Area, Los Angeles, and Phoenix, charges surge pricing during peak times, as did Cruise, its now-defunct competitor. Assuming a robotaxi fleet is already fully deployed, higher fares cannot expand vehicle supply in the way they could for Uber or Lyft. Instead, riders simply need to pay extra, assuming they can afford to, or search for another way to travel.
Surge pricing, one of ridehail’s defining features, may need a rethink for an autonomous era.
Uber began experimenting with surge pricing in 2012, and customers have been grumbling about it ever since. In 2014, one exasperated Aussie described the practice to Mashable as “price gouging at its worst.” (Price gouging is banned in many US states, but such laws typically kick in only during emergencies or natural disasters.) Screenshots of astronomical fares, like an $800 ride on New Year’s Eve in 2015, frequently went viral. Aware of the pushback, Uber and Lyft adjusted their app designs in recent years to conceal temporary price increases, but surge pricing (sometimes called “dynamic pricing”) has endured.
Harry Campbell began driving for Uber a decade ago. He now runs The Rideshare Guy, a publication devoted to ridehail, and The Driverless Digest, focused on the robotaxi industry. “At Uber, their number one [key performance indicator] from basically day one has been reliability,” he told me. “When you open the app, they want you to see cars available within three to five minutes.” Given the vagaries of trip requests and driver availability, keeping wait times within that window is no easy task.
Surge pricing may need a rethink for an autonomous era.
Defenders of surge pricing argue that it convinces more drivers to work during times of high demand, which avoids lengthy wait times. “Surge pricing doesn’t just make rides more expensive,” James Surowiecki wrote in an article entitled “In Praise of Efficient Price Gouging” for MIT Tech Review in 2014. “It also expands the number of people who are actually able to get a ride.” The additional drivers allow fares to drift back toward normal levels.
But this supply-side narrative has always omitted part of the story. “Surge pricing also tempers demand,” Campbell said. “When people see that their ride is more expensive, they may not take it.” By deterring some potential customers, surge pricing makes it easier to serve those who remain. Would-be customers who can’t stomach the higher price are left to figure out a Plan B.
Voicing concerns about consumer protection, legislators in states like Massachusetts, New York, and Washington have proposed caps on temporary price hikes (and New Delhi, India, has imposed one). Surge pricing has become a generally accepted aspect of ridehailing.
And now it’s been adopted by Waymo, a company whose service is, apart from the empty driver’s seat, largely indistinguishable from Uber or Lyft. But while higher fares may convince part-time ridehail drivers to work during periods of high demand, surge pricing can do nothing to expand the tightly limited size of Waymo’s fleets. As of January, for example, the company operated only around 100 vehicles in Los Angeles.
“I think Uber and Lyft have a very strong justification for using surge pricing that gets more drivers on the road and gets you home,” Campbell said. “Waymo doesn’t have a good justification. They just say, ‘Hey, we’re charging you more because a lot of people want rides, even though we literally cannot add more vehicles to the fleet.’”
Surge pricing can’t attract additional robotaxi vehicles, but it does suppress rider demand, thereby narrowing the gap between requested and available trips during peak times. In an email, Waymo spokesperson Chris Bonelli wrote, “During busier times, temporarily increasing prices may help reduce demand and keep wait times reasonable for a good rider experience.” “Reasonable” is doing a lot of work there; Campbell shared a screenshot of Waymo wait times hitting 24 minutes in Los Angeles, where he lives.
“When people see that their ride is more expensive, they may not take it.”
Still, surge pricing’s ability to at least temper demand is enough for Brad Templeton, a consultant and veteran of the self-driving industry, to deem it useful. “The societal benefit is that you have scarcity instead of shortages,” he said. “If you really need a trip, you can get it — it’s just really going to cost you.” He drew a comparison with airline tickets that cost more during popular travel times like Thanksgiving weekend.
But Templeton acknowledged that surge pricing creates winners and losers, particularly if it cannot expand vehicle supply to soften price hikes. Those who can afford surge pricing will pay it; everyone else will have to find another way to travel — or forgo the trip entirely.
“It does allocate more to the wealthy than the poor,” he said. “That may or may not match public goals” around fairness. This, after all, was the underlying critique of ridehail’s pioneering use of surge pricing, which the companies parried by noting how higher prices expand vehicle availability — something that Waymo and its ilk cannot claim.
Such tensions could dissipate if the supply of robotaxi vehicles becomes more flexible in the future. There are several ways that might happen.
In a March blog post and a recent episode of the Autonocast podcast, mobility investor Reilly Brennan divided the on-demand trip market into “base load,” consisting of trips taken during periods of typical demand, and “peak load,” representing those requested when demand temporarily spikes.
One future scenario involves a fixed fleet of full-time robotaxis providing requested trips when demand is normal, while surge pricing during peak times encourages human drivers to grab their keys, thereby expanding the supply of vehicles (and reducing customer wait times). Such an arrangement could appeal to ridehail companies, which benefit from the lower cost of operations during non-peak times, as well as robotaxi companies, which can tap human drivers to add vehicle capacity when they most need it. The recently announced collaboration between Uber and Waymo in Austin suggests such a partnership may be plausible.
“It does allocate more to the wealthy than the poor.”
Brennan outlined another possibility that seems specific to Tesla: If the company’s promised Cybercabs become a reality (a big if) and its autonomous technology works reliably (ditto), the company could deploy its Cybercab fleet to fulfill base load demands while augmenting it during peak periods with personally-owned and self-driven Teslas, dispatched willingly by their owners when surge pricing hits a threshold of, say, $4 per mile. It’s a nice vision, but caution seems warranted given CEO Elon Musk’s failures to fulfill previous promises around self-driving tech.
Templeton believes robotaxi companies could accommodate more trips with limited fleets during peak times by offering customers discounts if they split their trip with strangers. Although ridehail’s experiments with shared rides have fizzled in part due to a lack of privacy, robotaxis might have more success if they use partitions to physically separate passengers from one another.
For now, at least, robotaxi companies like Waymo are free to charge whatever they like during peak periods, even though they can’t deploy additional vehicles to meet the higher demand. Templeton thinks that’s appropriate given the nascent stage of the robotaxi industry. “I think we should wait, watch, and learn,” he said.
]]>After a brutal 2023, the vibes around self-driving cars are improving. Cruise, the industry leader whose vehicle was involved in a horrific San Francisco crash last fall, has rebooted under new management, while rival Waymo is expanding to serve broader swaths of the Bay Area and Los Angeles and Tesla is promising a new robotaxi service.
Although Americans say they remain wary of autonomous driving, boosters insist there is nothing to fear. In fact, they foresee roads full of self-driving cars that are both safer and cleaner than the status quo, a tantalizing prospect in a country where transportation is the largest source of greenhouse gas emissions and residents are several times more likely to die in a crash than those living in other rich nations.
Enticing though they are, such arguments conceal a logical flaw. As a classic 19th-century theory known as a Jevons paradox explains, even if autonomous vehicles eventually work perfectly — an enormous “if” — they are likely to increase total emissions and crash deaths, simply because people will use them so much.
In the 1800s, coal was the sine qua non of economic development, essential for everything from heating to transport to manufacturing. In Britain, the country where the stuff first powered an industrial revolution, national leaders debated how concerned they should be about potentially depleting coal deposits. Some argued that supply would never be exhausted because improvements in steam engine designs would steadily reduce the amount of coal necessary to power a train, make a dress, or do anything else. Productivity gains would allow Britain’s coal resources to stretch further and further.
In his 1865 book The Coal Question, the economist William Stanley Jevons explained why he disagreed. Jevons drew from then-recent history to show that steam engines’ efficiency had led people to deploy more of them. “Burning coal became an economically viable thing to do, so demand exploded,” said Kenneth Gillingham, a professor of environmental and energy economics at Yale. “You have steam engines everywhere, and people are using them instead of water power. You actually use a lot more coal than you did initially.” Despite the improvements in steam engine design, Jevons argued, total coal use would continue to rise.
“Burning coal became an economically viable thing to do, so demand exploded”
Today, the Jevons paradox describes a situation where greater efficiency in deploying a resource (such as water, gasoline, or electricity) causes demand for that resource to skyrocket — negating an expected decline in total usage. Electric lights are often cited as an example: people have responded to improved light bulb efficiency by installing so many more of them that there has been no decline in the total energy consumed by lighting. The Jevons paradox has become a bedrock principle of environmental economics, used to explain why efficiency improvements can backfire and cause the opposite outcome from what was intended.
Its lessons can also illuminate transportation. Consider the projects undertaken by highway agencies to alleviate roadway congestion. Public officials often justify them by noting (accurately) that gas-powered engines are less efficient and release more pollutants if they are stuck in gridlock instead of moving at a steady clip. For that reason, they argue, highway expansions or traffic technologies that mitigate traffic jams will also reduce emissions.
The Jevons paradox reveals a blind spot in such claims. If an added lane or new traffic technology does relieve congestion, more people will decide to drive due to a drop in the “cost” of using a car — in this case, the time sitting in traffic. Even if each car now produces fewer emissions due to faster travel speeds, these benefits could be overshadowed by the sheer number of new trips that would not have otherwise occurred. In other words: backfire. (The benefits of expanded highways are even more questionable when one considers the likelihood that rising car volumes ultimately force traffic to move as slowly as before — only now with more cars belching fumes as they inch forward. This phenomenon is known as induced demand.)
Now consider the case of autonomous vehicles. Seeking to win over skeptical regulators and members of the public, AV supporters frequently cite the supposed safety benefits from replacing the fallible humans sitting behind the wheel with technology that will never drive drunk, high, or distracted. Some also suggest that self-driving cars will reduce energy use and emissions since they will avoid the quirks of human driving that compromise engine efficiency. “The higher the proportion of AVs on the road, the smoother the overall flow of traffic ought to be, resulting in less energy-consuming stop-and-go traffic,” predicted a 2021 blog post from Mobileye, a technology company that claims it is “driving the autonomous vehicle evolution.”
The Jevons paradox has become a bedrock principle of environmental economics
Both of these supposed benefits are dubious; AVs’ computers may make driving errors that humans would not, and even if they run entirely on electricity, their software, hardware, and sensors require an enormous amount of power that generates its own emissions as it is produced. Still, it is reasonable to expect AVs’ reliability and efficiency to improve over time. For the sake of argument, let’s take a leap of faith and assume that an average self-driving car will eventually be both safer and cleaner than one driven by a human. Will total crash deaths and emissions then fall?
The Jevons paradox suggests we shouldn’t count on it.
As AV companies’ ads show, the raison d’être of autonomous vehicles is making driving easier and more pleasant, with passengers free to hold a work meeting, sing a song, or grab some shuteye. How do people respond when an activity becomes less onerous and more fun? They do more of it.
Similar to highway expansion, the availability of autonomous vehicles will likely lead people to take longer motor vehicle trips or opt for a car when they would have otherwise used transit, biked, or stayed home. The result will be a lot more (now autonomous) cars on the road. As the University of Virginia historian Peter Norton wrote in a prescient 2014 article, self-driving technology could lead people to “spend more total time in vehicles [and] use them for even more tasks.”
Norton, who teaches the Jevons paradox in his classes, told me that he wrote that article because he “was seeing smart engineers argue, to my utter astonishment, that [AVs’] efficiency against would only bring savings — with no counteracting costs. How they can continually deny this elementary fact is beyond me.”
How do people respond when an activity becomes less onerous and more fun? They do more of it
Supporting his point, a recent paper from the Transportation Research Board concluded that “the likelihood of making additional trips increases” when autonomous vehicles are available, even if they are shared instead of owned. Since each self-driven mile creates some pollution and carries some risk of a crash death, the rise in total driving will counteract the theoretical climate or safety improvements over a single, otherwise identical human-driven journey.
The societal impact of self-driving cars looks even worse when considering second-order effects related to land use. Just as the ascent of car ownership fueled suburbanization in the 20th century, AVs could lead people to relocate to larger, less energy-efficient homes on the urban fringe, where car trips — now more tolerable — are longer.
At the moment, there are more questions than answers about the collective effects of AVs, which are currently available in only a handful of US cities. As self-driving companies pour billions of dollars into advancing their technology, it is impossible to know how safe and energy-efficient their products could eventually become. But the Jevons paradox suggests those are not the only questions to consider. Another, equally crucial one: how much more driving will AVs induce — and will those added miles swamp any possible upside?
]]>Robotaxi companies are eager to present themselves with a green halo.
“Climate change is the single biggest issue we face as a global community,” Cruise declared in a blog post published on Earth Day 2022. “Each of us has an opportunity to make an impact. Cruise knows the AV industry can –– and should –– help lead the charge.” Its rival Waymo seems to agree. In a post this summer, the company stated, “Cities where we operate gain another zero-emission transportation option, which could help them meet their climate goals.”
Sustainability is critical to the public pitch of robotaxi companies, which are under growing scrutiny after California regulators suspended Cruise’s driverless permit last month due to safety concerns. But the idea that robotaxis will benefit the planet runs counter to what we know about the sustainability of a very similar service: ridehail.
Although climbing into driverless taxis may seem like an entirely novel way to travel, the user experience will be familiar to anyone who has taken an Uber or Lyft: a customer summons a robotaxi using their smartphone, which then picks them up and ferries them to their destination before driving off. It’s basically ridehail, minus the driver.
Sustainability is critical to the public pitch of robotaxi companies
Robotaxi companies themselves seem to agree; Cruise uses ridehail crash rates as the benchmark for its safety reporting, and Waymo recently unveiled an integration with Uber in the Phoenix area.
Unlike robotaxis, Uber and Lyft have been with us for 15 years — long enough to study and evaluate their impact on sustainability. And based on what we have learned about ridehail, robotaxis are more likely to foul the air than clean it.
Like robotaxi companies today, ridehail executives a decade ago presented themselves as environmental allies. Their core claim was summarized by Logan Green, a co-founder of Lyft, to MIT Technology Review in 2015: “We’re the replacement, the alternative, to car ownership.”
That assertion held intuitive appeal, especially considering ridehail companies’ favorite statistic: the average American car sits unused roughly 95 percent of the time. By making door-to-door trips just a smartphone tap away, Uber and Lyft would empower customers to ditch their cars.
Those liberated from vehicle ownership could then use their ridehail app to access a constellation of climate-friendly mobility modes like transit, bike share programs, and scooters — all of which generate less greenhouse gas emissions per mile than even an electric automobile. The ridehail companies invested directly in micromobility: Uber bought an e-bike share company while Lyft acquired the largest bike share operator in North America.
The companies were bullish about synergies with public transportation. Both Uber and Lyft enabled users to purchase transit tickets on their app, and they offered themselves as a solution to transit’s “first mile / last mile” problem of getting passengers to and from a station. The US Department of Transportation shared their enthusiasm, funding several first mile / last mile pilots involving ridehail companies.
Adding to their environmental bona fides, in 2015, Uber and Lyft unveiled pooled ride products that capitalized on the companies’ prowess in data analysis to match passengers going in the same direction. Those willing to split the trip with strangers would receive a discount and reduce the number of vehicles on the road.
Uber and Lyft have been with us for 15 years — long enough to study and evaluate their impact on sustainability
Ridehail executives claimed that their net effect would be fewer cars in a city, spewing air pollution as they go. “Uber can help reduce traffic by taking cars off the road,” vowed Uber executive David Plouffe in 2015. The media helped spread that narrative, with stories like one in The New York Times in 2014, which posited that ridehail could “reduce the environmental toll exacted by privately owned automobiles.”
The reality has been something altogether different.
Research has refuted what used to be ridehail’s most fundamental sustainability argument: that it reduces car ownership and driving. A 2021 study found that car registrations usually rise in a city after ridehail arrives because the number of ridehail drivers who acquire a vehicle exceeds the users who get rid of one.
Other studies have found that Uber and Lyft increase traffic congestion as well as total driving for two primary reasons. First, some ridehail trips would have otherwise occurred on cleaner and more space-efficient modes like biking or transit. Second, ridehail vehicles are often empty because the driver is either cruising streets waiting for the next passenger or en route to pick them up — a phenomenon known as “deadheading.”
According to a 2018 study, even carpool trips cause a net increase in total miles driven. But that finding may be a moot point because practically no one seems to be taking shared rides. Despite massive investments from Uber and Lyft, pooled ridehail has turned out to be a money-losing flop.
Shared trips have intractable downsides, starting with the annoyance of one passenger’s itinerary taking others out of their way. “One of the most compelling reasons to take ridehail is reliability and speed,” said Harry Campbell, founder of The Rideshare Guy blog and podcast. “Shared trips cut into that efficiency.” Pooled ridehail users could also find themselves trapped next to someone unpleasant, without being able to exit the vehicle or switch seats as one could do aboard public transportation.
Shared trips have intractable downsides
Lyft has now nixed its pooled ridehail service after briefly trying to restart it post-pandemic. Uber’s offering, meanwhile, is buried within its app. “The proof is in the pudding,” said Campbell. “Pooled ridehail hasn’t worked out.”
Making matters worse for the planet, ridehail has turned out to be more of a competitor than a complement to the greenest transportation modes like transit, bike share programs, and scooters.
“Drivers tend to go where there is a lot of demand, in downtown areas,” Greg Erhardt, a civil engineering professor at the University of Kentucky, told me. “That’s where the mode share of transit, biking, and walking, is relatively high.”
Meanwhile, the much-hyped first mile / last mile (FMLM) connections between ridehail and transit have not materialized. In 2016, Pinellas County, Florida, offered riders $5 off a trip to or from a transit station, but only a few dozen people used it per day, representing less than one transit rider in a thousand. Across the country, a 2022 analysis of the San Francisco Bay Area found that just 0.4 percent of transit riders took ridehail to or from a station.
Ridehail has turned out to be more of a competitor than a complement to the greenest transportation modes
“The lack of evidence of ride hail working as a FMLM solution is damning,” David King, an urban planning professor at Arizona State, told me in 2019 when I wrote an article in The Drive about first mile / last mile trips. “We don’t see pilots becoming successful and scaling, and we don’t see them leading to increased transit ridership.”
Ridehail’s net effect on public transportation has been devastating. A 2019 study co-authored by Erhardt found that ridehail’s entry into a city typically reduces bus and rail ridership by between 1 and 2 percent per year, compounded annually. The authors concluded that ridehail may be “an important driver of [transit] ridership declines” prior to the pandemic.
Today, ridehail companies have largely abandoned their original vision of fighting climate change by reducing car use. Uber has dumped its e-bike unit, Lyft is reportedly taking offers for its bike share business, and neither company still prioritizes transit scheduling or ticketing within its app.
Instead, the companies have rewritten their sustainability pitch to emphasize commitments to electrify all cars on their platforms by 2030. Although vehicle electrification is a necessary step to combat climate change, EVs still generate greenhouse gasses through their manufacture, charging, and disposal (not to mention air pollution from the erosion of brakes and tires). A 2020 University of Toronto study found that less driving — not just less gas-powered driving — is necessary to prevent a potentially catastrophic 2 degree Celsius increase in global temperatures by 2100.
For a while, Uber and Lyft seemed to be champions of the effort to slow climate change by reducing driving. Not anymore.
So what does ridehail’s ignominious sustainability track record portend for robotaxis, assuming that they ultimately scale in the way their executives envision? In short, nothing good.
Robotaxis, like ridehail, are poised to increase total miles driven due to deadheading and transit replacement. And given the similarities between ridehail and robotaxis, the inability of Uber and Lyft to solve transit’s first mile / last mile problem suggests that Waymo and Cruise probably won’t, either. (Data is currently scarce due to the newness of their services.)
Worse, the failure of pooled ridehail suggests that robotaxis, too, will mostly be used for private rides, not those involving multiple parties (something that Cruise and Waymo seem to envision with their new vehicle designs). For some riders — especially women — being stuck inside a driverless vehicle with a stranger may be even less appealing than being in a ridehail car where a driver can at least intervene in an emergency.
Robotaxis, like ridehail, are poised to increase total miles driven due to deadheading and transit replacement
Looking to the future, robotaxi companies hope to lower the cost of their technology to the point that trips would be less expensive than in a hailed car with a driver. If that happens, cheap and ubiquitous robotaxi service could damage the planet far more than ridehail has. Many families trade off home size (which is good) and commute time (which is bad) when choosing where to live. If robotaxis make commutes less of a drag, such household calculations would shift toward bigger homes further from the central city. The resulting sprawl would increase pollution not only from additional driving (since destinations in exurban areas are often further away and unreachable by transit or biking) but also from the energy needed to heat, cool, and build larger homes.
As with ridehail companies today, the sustainability claims of Waymo and Cruise focus on their fully electric fleets. “As an all-electric fleet, a trip with Cruise offers every customer an all-electric ride, regardless of their ability to purchase an electric vehicle,” Cruise spokesperson Hannah Lindow wrote in an email. Cruise and Waymo have also committed to using clean energy to provide electricity, but that commitment could be harder to maintain as they expand. And robotaxis require more energy than equivalent driver-operated electric vehicles: a recent MIT study found that autonomous vehicles’ complex computers and sensors could massively increase total power demand.
In all fairness, there are reasons to hope that robotaxis would be at least somewhat less polluting than ridehail. Alex Roy, a co-host of the Autonocast podcast who previously worked with the autonomous vehicle company Argo AI, noted that robotaxi companies, unlike ridehail firms, own their vehicle fleet and are therefore incentivized to minimize unnecessary driving.
“The costs of deadheading in an Uber is absorbed by the driver. In a robotaxi, it’s absorbed by the company,” Roy told me. “In any robotaxi company conversation, we ask, ‘How do we reduce this?’” Theoretically, optimized robotaxi fleet deployments could reduce their total driving compared to ridehail cars owned by gig workers who set their own itineraries and schedules. Cruise’s Lindow emphasized that point: “Through a centrally-managed fleet, AV companies can better reduce consumption to save costs, and position vehicles based on demand, which differs from traditional ridehail.”
Cheap and ubiquitous robotaxi service could damage the planet far more than ridehail has
Chris Bonelli, a spokesperson for Waymo, wrote in an email that robotaxis would have fewer emissions than ridehail, in part because driverless vehicles would be in use almost constantly. “Even assuming human ridehail drivers drive more than the average [ridehail driver], they are still not as efficiently deployed as our fleet,” he said. “Efficiently deployed AVs require less vehicles in total than a distributed system of personally owned vehicles.”
That may well be true, but “better than ridehail” is a low sustainability bar for robotaxis to clear, especially considering the many ways to navigate a city that offer a more promising path toward decarbonizing transportation. Transit, bikes, e-bikes, and scooters (not to mention walking) all produce a fraction of the emissions that an electric car does, regardless of whether it has a driver.
Robotaxi executives seem to realize this, as they often present cleaner modes as members of the same environmentally conscious mobility family. Waymo’s website, for instance, says, “Waymo encourages people to walk, bike, take public transit and when they need a car – have easy access to an electric vehicle” (presumably, an autonomous one).
It’s a savvy pitch, one that appeals to escalating climate change fears among the left-leaning residents of cities from Seattle to Miami, where robotaxis are seeking to expand. But based on what we already know about ridehail, we can see through it.
]]>As a bevy of classic Hollywood movies has shown, truck driving is an occupation intertwined with American ideals of freedom and machismo.
But technology is threatening the trucker’s traditional independence. Seeking to reduce crashes, the federal government issued a mandate in 2017 that truckers use Electronic Logging Devices (ELDs) to record their driving hours, replacing pencil-and-paper logs that were easily fudged.
Are ELDs unwarranted surveillance, or are they a vital safety technology? The answer depends on whom you ask, but pretty much everyone agrees that their adoption constrains the role of human drivers in an industry employing over 3 million people in the US.
Karen Levy, an associate professor of information science at Cornell, explores the impacts of trucking technologies like ELDs in her new book, Data Driven: Truckers, Technology, and the New Workplace Surveillance. As Levy describes, implementation of the federal ELD mandate led truckers, employers, and regulators to alternate between collaboration and conflict as they scrambled to comply (or at least make others think that they were).
Levy emerges skeptical not just of ELDs but of autonomous driving as well. She writes:
“It is true that humans have faults — but automating them away isn’t a solution. There will always be a role for humans in (so-called) autonomous systems — in their design, operation, maintenance, use, and oversight. Those rules may look different than they did before, but the notion that humans can be eliminated from systems is fundamentally false.”
I spoke with her about her book and the lessons it holds for an iconic blue-collar profession that is a linchpin of the US transportation system. Our conversation has been edited for clarity.
How did you land on truckers and technology as a research topic?
In 2011, I was a graduate student studying sociology, and I had a law degree. I’ve always been obsessed with rules, and I wanted to find a space that was moving from enforcing rules manually to enforcing them through digital power.
I heard an NPR story that explained how the federal government was considering mandating that truckers keep their time digitally after 70 years of doing it manually. I got excited.
That day, I went to a truck stop in Portland, Oregon. I said to myself, “Let me see what it feels like to talk to the truck drivers.” I was immediately hooked because people were so happy to share their life stories with me and so willing to explain things to me even though I had zero knowledge. I got hooked, and I kept doing it for what’s now a quarter of my life.
In your book, you vividly describe the lives of today’s truckers. Their mental and physical tolls are considerable, and wages have fallen significantly since deregulation 40 years ago. Why do truckers still want to do this?
When you talk to truckers about why they do the work, almost all of them say something about how they don’t want someone looking over their shoulder and that they want a job where they have some control over their time.
There is a romance about driving across the country and being in control of what you’re doing. It’s hard to find that in other blue-collar jobs. So a lot of truckers select into the industry. There’s a strong culture associated with masculinity and pride in the central role truckers play in the global economy.
When you’re driving on the highway, do you now worry about the truck driver in front of you causing a crash?
In some ways, I’m unworried because I’ve met so many hyper-competent truckers who’ve driven millions of miles without an accident. They have almost a fatherly orientation toward other drivers on the road, and they know those drivers make a lot of mistakes.
At the same time, I know that those experienced drivers are the ones most likely to be driven out of the industry due to the surveillance technology I write about in the book. As a result, there’s more of a push now to bring younger drivers into big rigs, including 18-year-olds. Those are not the drivers you want next to you on the highway.
“Those are not the drivers you want next to you on the highway.”
You used the phrase “Knights of the Highway” to describe how truckers used to be seen. How does that sense of pride and individualism affect their attitude toward technology?
Truckers aren’t Luddites. They actually know a lot about technology because they often have to fix these complicated 80–100,000-lb vehicles with very little help. Technology also relates to the nature of their work; they were big adopters of CB radio back in the day.
But they are understandably resistant to technologies that impinge on their sense of self, especially if they have accumulated knowledge about how to deal with different driving conditions or their own biophysical state, which is how they know when to stop driving. When confronted by a technological regime that suggests they’re not trustworthy — that they’re liars and cheats — that hits them pretty hard.
Which brings us to Electronic Logging Devices. Why were they introduced?
Since the 1930s, truckers have been subject to these timekeeping regulations that limited the number of hours they drive daily and weekly. But it’s a very open secret in the industry that no one has taken this requirement all that seriously and that truckers frequently falsify their paper logs. In part, that’s because the logs are disconnected to how they’re paid, which is by the mile. Sometimes truckers use chemical aids to go way beyond what their bodies are capable of, which is obviously dangerous.
The US Department of Transportation has had legitimate concerns about unsafe driving, and one of the levers regulators had at their disposal was mandating Electronic Logging Devices. That led to a 25-year discussion in Washington about whether truckers should be required to log their hours electronically, and it finally became mandatory in 2017. The idea was to make it harder for truckers to flout the rules.
In the book, I described how the requirement that truckers have ELDs acts as a scaffold that also enables supervision and surveillance by their employer, the trucking company. Because now that truckers have to have this black box in the truck, the companies say you might as well use a black box that also tracks your fuel usage, how hard you’re braking, and other such things.
It’s almost as though the federal government said everyone has to buy a phone that makes calls. But of course, you can’t easily buy a phone that only makes calls; you have to buy one that also texts, accesses the internet, takes pictures, and so on. That’s basically what happened with truckers and ELD adoption.
You write that truckers resent ELDs and that a common refrain among them is that ELDs treat them like criminals. But you also note that 5,000 people die in crashes in the US related to trucking (about 12 percent of all crash deaths). How much should we care about truckers’ feelings when so many lives are at stake?
In theory, that logic would make sense. But the reason I’m not compelled by it is that there is no evidence that ELDs actually make anyone safer. In fact, the evidence suggests that crash rates have gone up after the ELD mandate and that truckers drive less safely because they’re so tightly supervised.
“This is not a good approach if we’re most concerned with safety.”
Truckers have long depended on the flexibility of being able to keep track of their time using paper and pencil. When you remove that flexibility, that means the trucker is less likely to avoid speeding or stop for a cup of coffee if he’s tired. Rather, what it suggests is that the most important thing is to get from A to B on the road as quickly as he can. Studies show that speeding has increased since the ELD mandate and that truck-related fatalities have, too. That indicates that this is not a good approach if we’re most concerned with safety.
How widespread is the use of Driver Monitoring Systems across trucking?
Quite widespread. Once you’ve built the capacity into the truck to transmit data back to the home office, it’s not that much extra work to add another data stream. It’s common to track fine-grained driver behavior like real-time speed, as well as more invasive camera-based or biometric ways to track aspects of the trucker’s behavior or body.
I was struck by your example of a “smart cap” that vibrates. Can you tell me about that?
Yes, it does a constant EEG on the trucker’s brainwaves through tech integrated into the hat and then transmits that information back to the supervisor. It’s looking for signs of disruption or fatigue or irregularity. The goal is to protect these workers, at least according to the company’s marketing.
There’s also technology that can flash lights in the trucker’s eyes, as well as a seat cushion that vibrates the trucker back into alertness if they look like they’re falling asleep.
I can understand why truckers would resent those devices, and I wonder what implications it carries for driver monitoring systems installed on automobiles. So let’s fast forward to a world where DMS is widespread across cars. If you’re tired or tipsy, your car can tell — and it will first send warnings and then refuse to let you operate the vehicle. Do you think the general public will accept the safety benefits of DMS? Or are they going to be livid?
If that comes to pass, I expect we will see moments of resistance, as we do with any technology that is oriented toward controlling people. That’s especially true if it’s controlling people in ways that they weren’t controlled before. We would expect to see more resistance, as well as more companies capitalizing on the pushback to sell aftermarket devices that thwart those DMS capabilities.
Of course, such devices could greatly degrade the efficacy of DMS systems. In the 1970s, there was a powerful popular backlash to safety belt interlocks, which forced Congress to quickly retreat. Do you see parallels with DMS?
“If people see the legitimacy of the rules mandating the technology, then maybe they accept it.”
I think a lot of it comes down to legitimacy. If people see the legitimacy of the rules mandating the technology, then maybe they accept it. But if it’s poorly implemented or if the technology doesn’t always work, it’s very easy for the mandate to lose public legitimacy. Then all bets are off.
Let’s get back to trucking. I’ve heard autonomous technology boosters claim that trucking is a better use case for AV tech than robotaxis because the environment is a lot simpler. Outside the first and last few miles of trips, highway driving seems like a rather predictable kind of activity (especially compared to driving in a city). Is that impression fair, or is it a misrepresentation of the trucker’s role?
I think it’s a gross misunderstanding of what truckers do. They’re doing all kinds of stuff. They’re required to visually inspect their trucks for safety several times per day, looking for a frayed tie that holds something onto a flatbed or examining a tire that kind of seems funky. If they have freight that is refrigerated, they’re also making sure the refrigeration system is working. And they’re ensuring stuff doesn’t get stolen.
These are things that you can’t easily automate, but they are crucial when you’re piloting an 80,000-lb vehicle down the road all day.
Let me challenge that. You’re talking about safety checks, refrigeration, and security. Is it really so hard to automate those activities?
I think you’re right that some of those functions could be remotely automated, eventually. But the timescale is much longer than what autonomous vehicle advocates are shooting for. We don’t yet have a way to conduct visual inspections remotely. We don’t yet have a remote security solution that’s comparable to having a human being protecting very valuable freight.
I think it’s not impossible to think that within 40 years, we might have autonomous trucking, but it will take a while.
Has the pandemic affected attitudes toward trucking and technology?
The pandemic has been this interesting case study regarding the efficacy of timekeeping regulations. A bunch of regulations got lifted for obvious reasons since people didn’t have things like toilet paper. So truckers didn’t have to comply with rules as they normally would.
“I think it’s not impossible to think that within 40 years, we might have autonomous trucking, but it will take a while.”
Accident rates didn’t go up; everything was actually pretty much fine. So now some in the industry say to regulators, “You claim we have to have all these rigid rules, and we have to be under your eye in a very precise way, but in an emergency, we can actually do just fine. So what makes you think we can’t do without the regulations all the time?”
It’ll be interesting to see how that bubbles up in Department of Transportation policymaking in the next couple years.
If you could wave a magic wand and change any federal trucking policy, what would it be?
I would remove the exemption of truckers from the Fair Labor Standards Act so they can get overtime pay.
It would be a game-changer in the industry since compensation is now typically paid per mile driven. It’s not going to solve all the problems, but it would recognize that a lot of work in trucking is wholly uncompensated, like when truckers are caught in traffic or bad weather or when they are delayed unloading their cargo. Truckers would be shown that their work counts for something — not nothing, as much of it does right now.
It sounds like you’re pretty pessimistic that technology in the trucking industry can improve safety.
In isolation, yes. I think technology can be part of a suite of solutions that will actually protect people. But beyond economic reform in this case, I just don’t think that tech on its own will accomplish anything.
Update Monday December 5th 11:12AM ET: Karen Levy is an associate professor of information science at Cornell. A previous version of this story had an outdated title.
]]>Car companies love to explain how their research and development efforts will lead us toward “a world with zero crashes,” as General Motors puts it. Automakers like Stellantis and Nissan, among others, tout their efforts to develop “next generation technologies to make roads safer for drivers and pedestrians alike.”
With American roadway deaths now exceeding 40,000 per year — including a surge of 10.5 percent in 2021, the fastest on record — these promises sound like salvation.
The companies are referring to technologies, typically known as advanced driver-assistance systems (ADAS), that can manage aspects of the driving experience and intervene if the human behind the wheel makes a mistake. Such features include automatic emergency braking, lane keep assist, adaptive cruise control, and pedestrian detection. With billions of dollars invested, automakers, federal regulators, and safety advocates alike are bullish about ADAS’s potential to achieve “collision-free mobility,” as Honda puts it.
These new features are hardly the panacea that their boosters imply
But upon examination, these new features are hardly the panacea that their boosters imply. Some elements presented as safety enhancements (like lane keep assist) may be little more than driver conveniences. For now, at least, those technologies that could save the most lives (like pedestrian detection) remain deeply unreliable. And even if ADAS eventually works flawlessly, it is likely to have only a modest impact on annual traffic deaths.
As the United States confronts a national crisis of traffic fatalities, carmakers and policymakers alike are focused on unproven and overhyped innovations. In reality, even the best technologies can’t compensate for the ways in which ill-conceived cars and poor street designs have made crashes more numerous and severe. We risk making our road safety crisis even worse by expecting car tech to bail us out.
The core concept behind ADAS involves leveraging computer power to handle aspects of driving traditionally managed by a human — something that will be familiar to anyone who has used cruise control to make long highway trips a little less tedious.
Over the last two decades, automakers have developed numerous features that deeply integrate technology into the act of driving, capitalizing on powerful sensors and cameras embedded in new vehicles. Some of these features, like pedestrian detection and automatic emergency braking, are intended for use only to prevent an imminent collision. Others, like lane keep assist and adaptive cruise control, can “ease the burden” of driving, as JD Power put it, by ensuring that the vehicle keeps pace with surrounding traffic and stays within its allotted road space.
Products like Tesla Autopilot or Ford BlueCruise integrate these individual features into a multilayered system that can fully operate the vehicle on a highway — provided that the driver stands ready to take control if needed. That assumption is critical because these systems are not smart enough to manage a vehicle on their own.
These systems are not smart enough to manage a vehicle on their own
To ensure the driver stays focused, carmakers rely on driver monitoring systems designed to keep an eye on the tilt of a person’s face or their grip on the steering wheel. Should the driver’s attention wander, driver monitoring systems will issue a warning before ultimately forcing the driver to retake control of the vehicle.
Industry groups sometimes call ADAS “partial automation,” a term intended to signify that, advanced as these systems are, they do not enable a car to become autonomous.
Although Elon Musk has claimed that Tesla’s Autopilot ADAS system could save half a million lives if universally deployed, there is scant evidence supporting that claim (or others about ADAS’s supposed safety benefits). The US Department of Transportation recently began collecting data about ADAS-related crashes, but it’s too soon to draw many insights.
David Harkey, the head of the Insurance Institute for Highway Safety (IIHS), is not impressed by what he has seen so far. “Partial automation systems may make long drives seem like less of a burden, but there is no evidence that they make driving safer,” he said in an IIHS blog post. “In fact, the opposite may be the case if systems lack adequate safeguards,” a reference to those all-important driver monitoring systems.
Nevertheless, many car regulators and safety advocates are enthralled by ADAS’s potential to reduce crashes. In 2016, Mark Rosekind, then the head of the federal National Highway Traffic Safety Administration (NHTSA), extolled “technologies that promise a revolution in safety unlike any in the history of the automobile” (a quote that the Alliance for Automotive Innovation, the largest US carmaker association, places on its webpage). Cathy Chase, the president of Advocates for Highway and Auto Safety, said that “the universal adoption of these technologies will literally save tens of thousands of lives” in a 2021 letter to US Transportation Secretary Pete Buttigieg.
ADAS remains very much a work in progress
But for the moment, ADAS remains very much a work in progress. A 2020 study by AAA found that the average system turned itself off every eight minutes, noting “instances of trouble with the systems keeping the vehicles … in their lane and coming too close to other vehicles or guardrails.” In a separate study of pedestrian detection, AAA found the feature to be “completely useless” at night, when 75 percent of pedestrians are struck. The European Transport Safety Council concurred, noting ADAS’s shortcomings in dark, wet, or foggy conditions. Even more troubling, automakers’ crucial driver monitoring systems can be cheated and do not work reliably.
All of that being said, ADAS performance will likely improve due to the billions that carmakers are investing in its development, along with insights gleaned from reams of data collected from cars using these systems on the road. But even if the technology ultimately functions as intended, it may have only a marginal impact on the US roadway death toll.
Consider the need for a human to remain ready and able to take over the vehicle. Even if driver monitoring systems prevent a driver’s attention from wandering, what happens if road skills atrophy from lack of use? This is more than a theoretical issue; a study of truck drivers recently found that automated driving technology led to slower reaction times, and a report from the US Department of Transportation Inspector General raised concerns that automation could be degrading the skills of commercial pilots.
Worse, those focused on ADAS’s technical capabilities risk overlooking its potential to encourage riskier driving. In 1975, Sam Peltzman wrote a seminal economics article examining the safety effects of state seat belt laws. Peltzman concluded that the mandated use of seat belts led drivers — secure in the straps across their waists — to take more risks behind the wheel, leading to injuries and deaths that negated those saved by the belts themselves. In effect, he argued that the new feature’s benefit was negated by behavioral adaptation.
Applied to ADAS, the Peltzman effect predicts that drivers will become less careful
Today, the “Peltzman effect” explains why safety technologies in fields including healthcare and sports cause people to adopt riskier behavior. Applied to ADAS, the Peltzman effect predicts that drivers will become less careful, trusting the vehicle’s technology to protect them. But ADAS is not a fail-safe; physics limits its ability to abruptly halt a vehicle. For example, Mercedes claims that its system can prevent pedestrian collisions at up to 30mph and mitigate the severity of vehicular crashes at up to 45mph, but the company makes no promises above those thresholds. This isn’t a challenge limited to Mercedes: a recent AAA study found that carmakers’ automatic emergency braking systems prevented 85 percent of test crashes at 30mph but only 30 percent at 40mph.
Already, a study by the IIHS found that the use of adaptive cruise control increased the share of drivers who broke the speed limit by 18 percent, and San Jose State researchers concluded that ADAS-equipped cars were more likely to crash into pedestrians or cyclists. These findings align with the Peltzman effect’s predicted shift toward unsafe driving, with those outside the vehicle bearing disproportionate risk. Such dangers could be exacerbated by drivers who overestimate ADAS’s capabilities, as more than half of Cadillac Super Cruise users seem to do, according to a recent IIHS study.
There is another reason these innovations could invite more roadway deaths, something both fundamental and easily overlooked. To understand it, note that Hyundai acknowledges on its website that “ADAS is not just about safety; it’s about providing convenience as well.” Indeed, features like adaptive cruise control and lane change assistance are largely intended to make driving more pleasant rather than to minimize crashes.
How do people respond when an activity becomes easier or more enjoyable? They do more of it.
How do people respond when an activity becomes easier or more enjoyable? They do more of it
Just as comforts like air conditioning and radios induced car owners to drive more, the comforts of software-assisted driving will compel them to take additional trips and travel further (which may contribute to automakers’ excitement about it). One study has already found that Tesla owners using Autopilot drove about 5,000 more miles per year than those without it. All else being equal, additional miles driven bring additional chances to crash.
ADAS’s overall effect on road deaths becomes murky when these countervailing forces are considered alongside its technological potential. The systems may prevent certain collisions that would have otherwise occurred while at the same time leading to a degradation of driver skills, riskier behavior behind the wheel, and a surge in total miles driven.
We can debate whether the overall effect on roadway deaths will be positive or negative, but those expecting a virtual elimination of crashes are likely to be sorely disappointed.
The good news is that if public officials are serious about reducing road deaths, there are plenty of compelling approaches that have nothing to do with technology, such as designing streets for slower speeds, building dedicated bike lanes and sidewalks, and ramping up transit service to entice people to switch from cars. (Riding in a bus or a train is orders of magnitude safer than being inside a motor vehicle.) Keeping habitually reckless drivers off the road would also be a significant step forward.
Rather than placing so many eggs in the ADAS basket, regulators and automakers’ R&D teams could focus on other ways that safer car designs could reduce road deaths. Speeding, tied to some 11,000 deaths per year in the United States, could be curtailed with intelligent speed assist, which automatically warns or slows drivers who are exceeding the speed limit. Europe has already moved to require intelligent speed assist in passenger vehicles, but so far, Congress and the National Highway Traffic Safety Administration have shown no signs of following suit. (Among automakers, only Volvo has voluntarily installed the feature.)
Automakers could also confront ways in which their previous design decisions have worsened America’s road safety crisis. For instance, car companies have sought to replicate the smartphone experience by replacing dashboard knobs with infotainment touchscreens. Regardless of whether you like car touchscreens (and many people don’t), the absence of tactile feedback forces drivers to look away from the road — something that is inherently dangerous when a multiton hunk of metal is hurtling down a road at 50mph. Research from Drexel University shows a growing number of crashes tied to infotainment, but so far, NHTSA has done nothing beyond issuing voluntary guidance (which carmakers have routinely violated) about the maximum amount of time it should take to complete a task on an infotainment system.
Automakers could also confront ways in which their previous design decisions have worsened America’s road safety crisis
Meanwhile, automakers have added girth to their SUVs and trucks, which now dominate the American car market (together representing over 80 percent of sales). A taller, heavier vehicle is more likely to injure or kill in a collision, especially when striking a pedestrian or cyclist. Acknowledging this risk, auto regulators in Europe, Japan, and Australia have incorporated pedestrian crashworthiness into their car safety ratings, known as the New Car Assessment Program, or NCAP. But the United States has not.
Earlier this year, NHTSA announced a long-awaited update to the American version of NCAP, including a proposal to finally address risks borne by vulnerable road users. But rather than examining pedestrian crashworthiness, the agency chose only to evaluate ADAS’s pedestrian detection technology. In a press release, the agency credited itself with a “novel approach to tie technological change to reducing driver behaviors that contribute to many crashes.” The dangers of oversize SUVs and trucks were not mentioned.
NHTSA’s focus on ADAS instead of SUV and truck bloat likely came as a relief to automakers who make fat profits from the sales of huge, pricey vehicles. Rather than discuss how their past choices have contributed to America’s burgeoning roadway death toll, they would prefer to paint a utopian picture of universally safe driving at some point in the future, once ADAS is perfected and widespread.
Case in point: the NBC affiliate in the Washington, DC, region recently produced a segment exploring SUV “blind zones” that can make a child in front of the vehicle invisible to the driver. Asked for comment, the Alliance for Automotive Innovation, a carmaker industry group, tried to shift the focus away from dangerous SUV design and toward the promise of innovation. A spokesperson said that “vehicles continue to get safer as automakers across the board test, develop, and integrate new technologies that can save lives.”
That answer, of course, is a deflection.
Lucas Peilert contributed research assistance to this article.
]]>Tesla’s “Full-Self Driving” (FSD) driver-assist feature does not offer what its name promises.
Although Tesla CEO Elon Musk portrays the software as a prelude to fully autonomous vehicles, a quick online search shows videos of FSD-enabled Teslas in North America aiming straight at pedestrians, crashing into parked cars, and slowing down on a highway for no discernible reason. Unsurprisingly, more than a few observers have declared FSD to be a menace to traffic safety.
But if you look for similar videos of FSD-enabled Teslas stumbling their way through Europe’s cobblestone streets, you’ll come up empty. It’s not because Tesla’s system is better able to navigate San Sebastián than San Francisco; there are simply no FSD videos from Europe at all.
Why? FSD isn’t approved for public use there.
Tesla cannot deploy FSD anywhere in the European Union unless it first obtains a green light from regulators. To obtain that approval, Tesla must convincingly demonstrate that cars with FSD are at least as safe as those without it. At least so far, it hasn’t.
Tesla cannot deploy FSD anywhere in the European Union unless it first obtains a green light from regulators
Unlike their European peers, American car regulators do not require — or even offer — any kind of safety preapproval for a new car model or technology. Instead, car companies “self-certify” that their vehicles comply with federal guidelines pertaining to everything from steering wheels to brake fluids. But no such rules address the driver assistance and autonomous technologies that are critical to the car’s future — and to the safety of everyone who walks, bikes, or drives.
Facing no significant oversight, automakers like Tesla can legally deploy any advanced driver-assist system (ADAS) they like, regardless of how dangerous it may be. According to federal law, only if the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) observes a pattern of dangerous problems can it launch an investigation (which NHTSA is now doing with Tesla), potentially culminating in a recall. Until then, the cars under investigation can continue zooming along American roads and streets.
Musk himself summed up the transatlantic distinction during a speech earlier this year in Berlin: “In the US things are legal by default, and in Europe they’re illegal by default.”
With its blurring of lines between driver and vehicle, the automation of cars is forcing US regulators to rethink their traditional approach. A federal official, who was not authorized to speak publicly, said that NHTSA is currently exploring how it could structure a preapproval process for autonomous technologies, a move that could finally force US carmakers to ask permission to deploy a new technology — rather than beg forgiveness after something goes wrong.
For the United States, it’s an opportune time to ask a fundamental question: is it wise to wait until after disaster strikes to protect Americans from dangerously designed vehicles?
Riding in an American automobile was a risky proposition during the early 20th century; 16 Americans were killed per 100 million miles driven in 1929, more than 10 times today’s rate.
Despite the carnage, federal officials paid minimal attention to car safety until outrage followed the 1965 publication of Unsafe at Any Speed, Ralph Nader’s explosive bestseller. A year later, Congress enacted the first comprehensive federal rules for car safety, and NHTSA was born in 1970.
Even as federal officials weighed various automotive regulatory frameworks, they never seriously considered forcing carmakers to obtain preapproval for a new vehicle model or component.
Regulators never seriously considered forcing carmakers to obtain preapproval
Lee Vinsel, a Virginia Tech professor of science, technology, and society who wrote a book about the history of auto regulations, said that he found no records of public leaders of the era even raising that possibility. Instead, federal officials chose to put car companies in the regulatory driver’s seat, and the process they established 50 years ago remains intact today.
Here’s how it works: the encyclopedic Federal Motor Vehicle Safety Standards (FMVSS) establishes rules for any car sold for use on public roads, touching on everything from the strength of door hinges to the frequency of windshield wipers. NHTSA can and does update FMVSS to incorporate new technologies and features, but the process moves glacially.
“The expectation is that a new FMVSS element will take 10–15 years before coming into effect,” said Daniel Hinkle of the American Association for Justice, a trade group for trial lawyers.
Manufacturers show their adherence to FMVSS through a process known as self-certification, which works largely as it sounds: car companies simply affix a label to each vehicle signaling compliance. Although NHTSA conducts spot checks, carmakers seem largely to abide by FMVSS; NHTSA launched only 90 investigations into FMVSS violations in 2020.
“It’s unusual to see vehicle crashes that are specifically due to FMVSS non-compliance,” Hinkle said.
NHTSA only brings the hammer down with a recall if an investigation uncovers a pattern of safety problems on public roadways. Such investigations take months; meanwhile, Americans continue to drive the faulty or dangerously designed vehicles.
Notably, the US adopts a much more proactive safety posture toward aviation safety. When an airplane manufacturer wants to build a new kind of plane or alter a component, the company must work with the Federal Aviation Administration (FAA) to obtain approval prior to deployment.
Crash data suggests that that framework has served flyers well. According to research by Northwestern University economist Ian Savage, the United States experienced 0.07 aviation fatalities per billion passenger miles from 2000 to 2009 — around 1/100th the rate for those driving in a car or truck. But the FAA preapproval system doesn’t come cheap; according to a 2014 Department of Transportation workforce assessment, the FAA employs over 6,000 people working on vehicle safety while NHTSA had just 90. To put another spin on those figures: FAA employed over 10,000 enforcement staff for every 100 aviation deaths, while NHTSA had 0.3.
“It’s not unusual to have a year where there are zero deaths in commercial aviation in the United States,” said Transportation Secretary Pete Buttigieg at the SXSW festival earlier this year. “But on the roadways, we basically take it as a given, as normal, as the sort of cost of doing business, that thousands and thousands of people will die every year.”
We also take it as normal that the FAA’s regulatory model, centered around preapproval of new planes and technologies, is not applicable to automobiles — despite an American roadway death toll that is horrific compared to other developed countries and only getting worse.
Across the Atlantic, Europeans are far less likely to die in a car crash than Americans. In France, for instance, the per capita roadway death rate is only a third as high as in the US.
There are numerous reasons for the gap, including higher transit ridership in Europe (traveling by bus or train is far safer than going by car), slower urban car speeds, and less driving per capita. Europe has also adopted automotive regulatory standards that are stricter than those of the FMVSS.
For instance, new vehicle models sold in the European Union must include intelligent speed-assist technology that sounds an alarm or applies resistance to the accelerator if a driver exceeds the posted speed limit. No such requirement exists in the US.
From a process perspective, the European system of automotive regulations works more like the US’s hands-on approach toward aviation than its laissez-faire oversight of motor vehicles.
the European system works more like the US’s hands-on approach toward aviation
Before a new vehicle or component can be released to the public, the car company must obtain preapproval known as type approval from an EU member state. Obtaining that green light requires time and money as regulators review data and conduct inspections and tests to confirm compliance with EU law. And if a car company wants to deploy a technology that isn’t yet regulated by the EU, the automaker must demonstrate that the proposed feature is at least as safe as a vehicle without it — a requirement that has a profound impact on the deployment of advanced driver-assist and autonomous technologies.
European car rules have real teeth; in 2019 they forced Tesla to adjust several elements of the company’s Autopilot ADAS system, such as limiting how sharply the steering wheel can turn when Autopilot is active, and the EU recently forced Tesla to make certain Autopilot functions available to all drivers, not just those who hit gamified benchmarks. European regulators have yet to approve any deployment of FSD.
Antony Lagrange, the team leader for automated and connected vehicles and safety at the European Commission, makes no apologies for Europe’s regulatory assertiveness. “We’re talking about very complex, safety-critical products,” he said. “We need to ensure that these products are safe for production — and that they continue to be safe after they’ve been released.”
The same holds true for over-the-air updates, an increasingly common method of updating car software that avoids forcing the owner to visita dealership. In America, automakers are free to issue such updates whenever they wish, but in Europe, they must obtain preapproval from European regulators.
“We need to ensure that these products are safe for production — and that they continue to be safe after they’ve been released”
That requirement implicitly encourages automakers to limit the frequency of over-the-air updates, which may itself make cars safer. “One thing that type approval has going for it is that it forces car companies to measure twice and cut once,” said Ed Niedermeyer, a co-host of the Autonocast podcast. “In the United States, there is no regulatory cost of putting out a mediocre product and iterating. It makes sense to try and force the companies to get it right the first time.”
That sentiment was echoed by Jascha Franklin-Hodge, chief of streets for the city of Boston who previously worked in Silicon Valley. “My worst fear,” said Franklin-Hodge, “is that carmakers adopt a software development mentality, with an acceptance of errors that constantly require correction.”
Is the European regulatory system of automobile type approval superior to the American norm of self-certification? It depends whom you ask.
Type approval processes are expensive, both for governments employing a small army of engineers to test vehicles and for car companies forced to navigate complex regulatory systems before they can sell to the public.
American carmakers would prefer the status quo. “The current self-certification model should be preserved, since this framework has worked well in the US,” said John Bozzella, head of the Alliance for Automotive Innovation, which represents almost all of the legacy automakers.
Finch Fulton, who served as Deputy Assistant Secretary for Transportation Policy in the Trump administration, agreed. (Finch now works at Locomation AI, an autonomous trucking company.) “If you were to shift NHTSA towards a type approval model, there are no clear benefits, but the increase to NHTSA’s budget would likely be astronomical,” he said.
Missy Cummings, a former Duke engineering professor who now works at NHTSA, previously praised the FAA’s type approval model as a “comprehensive” approach to safety, while noting that it can “also be extremely costly and add significant time to the deployment of new technologies.”
Of course, it might not be a bad thing to add a few more engineers to NHTSA’s ranks or to slow down the launch of a work-in-progress system like Tesla FSD. The arguments in favor of preapproval strengthen as automobiles morph into three-ton computers on wheels, where a system malfunction could have catastrophic consequences. Indeed, technologically complex, partially automated cars seem similar to the airplanes that the US has long regulated with type approval — with a sparkling safety record, especially compared with the carnage on US roadways.
The arguments in favor of preapproval strengthen as automobiles morph into three-ton computers on wheels
In 2016, NHTSA issued guidance about regulating autonomous vehicles that explicitly cited the FAA’s use of preapproval as a model, noting that “its challenges seem closest to those that NHTSA faces in dealing with highly-automated vehicles.”
Six years later, the agency seems to be giving preapproval new consideration: a source said that NHTSA is now developing a pilot that would empower the agency to weigh in before a new automated technology is deployed on public roads.
Asked for comment, an NHTSA spokesperson would say only that “the agency is committed to continually evaluating its authorities and processes to help ensure the safe development of advanced vehicle technologies.”
Kelly Funkhouser, Consumer Reports’ manager of vehicle technology, said she would support such a move. “Our government just can’t move fast enough for self-certification to be an effective strategy,” she said “We need pre-approval to be brought into the conversation.”
Still, the very idea of questioning self-certification is so sensitive that Buttigieg quickly changed the subject in an interview earlier this year, and NHTSA declined an invitation to comment on the record for this story.
The topic may be uncomfortable, but it is becoming unavoidable. Beyond the surge in American roadway deaths, the country’s existing regulatory framework is ill-equipped to handle the ascent of automated car technology. One way or another, things will have to change.
Consider how ADAS systems like Autopilot are already muddying the traditional line between state-licensed “drivers” and federally-approved “vehicles.” In 2016, a Tesla with Autopilot activated was traveling at 74 mph near Williston, Florida, when it slammed into a turning trailer, slicing off the roof and instantly killing the driver.
One way or another, things will have to change.
Following an investigation, the National Transportation Safety Board cited the Tesla driver for failing to pay sufficient attention as well as Tesla itself for designing Autopilot to allow “prolonged disengagement” from the driving task and making it easy to activate Autopilot on road types where it isn’t meant to be used. Should federal or state officials take the lead in preventing a recurrence? It isn’t clear.
The state / federal divide grows even murkier with Level 4 vehicles, capable of being operated without any engagement from a driver on certain roadways. States like California require AV operators to obtain a permit to deploy a Level 4 vehicle on state roads; cities like New York City have dabbled in such regulations as well. But NHTSA sees Level 4 vehicles as falling under its own purview; in 2020, the agency forced EasyMile to halt its self-driving shuttle operations after an injury in Columbus, Ohio.
As we enter an era of automated driving, how can regulations best protect American road users? To date, conversations about adjusting car regulations for autonomous technology have ignored the weaknesses of self-certification, focusing instead on removing obstacles that might slow new deployments. For instance, federal legislation has been introduced that would preempt states from regulating autonomous vehicles and empower NHTSA to exempt more AVs from FMVSS safety requirements. That’s hardly a recipe for ensuring safe technology deployment.
Still, Buttigieg does seem to recognize the need to chart a different path for automaker oversight. “So many of our regulations to keep cars safe are based on how cars always used to be,” he said earlier this year. “We need to make sure that they’re based on how cars are going to be.”
Any movement toward type approval would be a heavy political lift, facing opposition from a recalcitrant auto industry as well as fiscal hawks wary of adding to NHTSA’s budget. But the transition need not happen all at once; it could begin with a handful of preapproval checks for obvious safety problems, like phantom braking. Faced with a more assertive NHTSA, carmakers might rethink the wisdom of putting work-in-progress ADAS or autonomous systems on public roads.
With road deaths already at a 20-year high, we need fewer risks — not more of them — on American streets and highways. Type approval could be a critical tool to help navigate the autonomous era to come.
Lucas Peilert provided research assistance
]]>