The Legal Obligations, Obstacles, and Opportunities for Automated and Connected Vehicles to Improve Mobility and Access for People Unable to Drive

Abstract

In recent decades, several legislative and regulatory mandates, such as the Americans with Disabilities Act, “United We Ride” initiative, and Olmstead court decision, have been issued in attempt to improve mobility and access for those who are unable to drive. Yet despite these well-intentioned and continuing efforts, our current transportation system does not fully address these disparities. Self-driving vehicles (SDVs) present an opportunity to address these disparities by providing a level of transportation access for people unable to drive that our current transportation system cannot. Yet, even though nearly every automobile manufacturer and several major technology companies are developing SDVs and related technologies, researchers and policymakers are pointing out that more work is needed if the promise of increased mobility and access is to be fulfilled. For example, the National Council on Disability noted in November 2015 that because of the development pace and “proprietary nature of its engineering,” the explicit details of how designers and manufacturers” are ensuring equitable access for disabled and low-income individuals has nearly been non-existent. This Article will address the legal obligations, opportunities, and obstacles facing SDV technologies in this arena by articulating some of the specific challenges and questions that must be addressed. Questions such as what SDV deployment will look like, rider safety, vehicle design for wheelchair and disabled users, and the evolving role of policymakers in creating opportunities for this population will be discussed. Without answers to these questions, our ability to create an equitable transportation system through SDV technology will be limited.