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Abstract:
Poor driving behaviour has attracted regulation ever since motor vehicles hit the streets, and the increasing prevalence of AI could lead to even more supervision of delinquent drivers. AI currently facilitates a vast array of smart compliance systems that interact with human drivers as they manoeuvre their vehicles from starting point to destination. These systems differ in the degree to which they intervene in the driving process. So-called nudging structures—such as intelligent speed assistance and drowsiness warning systems—populate the lower end of the intervention spectrum; their function is to monitor and/or enhance the performance of human drivers. At the other end of the spectrum are the so-called impossibility structures, such as alcohol interlock devices. These structures are more intrusive; indeed, they may intercede to prevent a human from driving at all. While the primary aim of compliance systems is to promote road safety, they also produce secondary effects, some of which may be profound. If, for example, consumer products such as those embedded in cars warn users of non-compliance but at the same time generate evidence that can be used against them in criminal and/or administrative proceedings, it is not unlikely that the average person’s day-to-day conduct and approach to criminal justice will change.
