Investigators at the scene of a fatal accident involving a self-driving Uber car on the street in Tempe, Arizona. (ABC-15.com via AP)

Investigators at the scene of a fatal accident involving a self-driving Uber car on the street in Tempe, Arizona. (ABC-15.com via AP)

Woman struck and killed by self-driving Uber vehicle

It was in autonomous mode in Tempe, Arizona, with an operator behind the wheel.

By Felicia Fonseca and Tom Krisher / Associated Press

The federal government has voluntary guidelines for companies that want to test autonomous vehicles, leaving much of the regulation up to states.

Many states, including Michigan and Arizona, have taken a largely hands-off approach, hoping to gain jobs from the new technology, while California and other states have taken a harder line.

California is among states that require manufacturers to report any incidents during the autonomous vehicle testing phase. As of early March, the state’s motor vehicle agency had received 59 such reports.

Arizona Gov. Doug Ducey used light regulations to entice Uber to the state after the company had a shaky rollout of test cars in San Francisco. Arizona has no reporting requirements.

Hundreds of vehicles with automated driving systems have been on Arizona roads.

Ducey’s office expressed sympathy for Herzberg’s family, and spokesman Patrick Ptak said: “Public safety is our top priority.”

The crash in Arizona isn’t the first involving an Uber autonomous test vehicle. In March 2017, an Uber SUV flipped onto its side, also in Tempe. No serious injuries were reported, and the driver of the other car was cited for a violation.

Herzberg’s death is the first involving an autonomous test vehicle but not the first in a car with automated control features. The driver of a Tesla Model S was killed in 2016 when his car crashed into a tractor-trailer in Florida.

The NTSB said driver inattention was to blame, not the vehicle’s autopilot system. The agency said automakers should have safeguards that keep drivers engaged.

The U.S. Transportation Department is considering further voluntary guidelines that it says would help foster innovation. Proposals also are pending in Congress, including one that would stop states from regulating autonomous vehicles, Smith said.

Peter Kurdock, director of regulatory affairs for Advocates for Highway and Auto Safety in Washington, called the Arizona crash tragic.

The group sent a letter Monday to Transportation Secretary Elaine Chao saying it is concerned about a lack of action and oversight by the department as autonomous vehicles are developed. That letter was planned before the crash.

Kurdock said the deadly accident should serve as a “startling reminder” to members of Congress that they need to “think through all the issues to put together the best bill they can to hopefully prevent more of these tragedies from occurring.”

Susan Montoya Bryan in Albuquerque, N.M., and Jacques Billeaud in Phoenix contributed to this story.

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