I think I would expect certain laws that are currently considered statutory / strict-liability laws, to be shifted to instead constitute only "evidence of negligence" and/or act as "aggravating conditions."
So, in the case of speeding:
- Speeding on its own would only automatically "warrant" the police to stop you / interview you / tell you off, and perhaps to follow you around for a while after they pull you over, to ensure you don't start speeding again (and to immediately pull you over again if you do.) I say "warrant" here because this doesn't actually give them any powers that private citizens don't have; rather, it protects them from you suing them for harassment for what they're doing. (Just like a "search warrant" doesn't give the police any additional powers per se, but rather protects them from civil and criminal damages associated with them breaking-and-entering into the specified location, destroying any property therein, etc.)
- But speeding while in the process of committing some other "actual" crime, or speeding that contributes to some other crime being committed, may be an aggravating factor that multiplies the penalty associated with the other act, or changes the nominal charge for the other act.
We might also then see a tweak for "threshold aggravations", such that e.g.
- Speeding while also doing some other dumb thing — having your brake-lights broken, say — may be considered to "cross a threshold" where they add up to an arrest+charge, even though none of the individual violations has a penalty when considered independently.
This would, AFAICT, translate well into a regime where there are little traffic-cop drones everywhere, maximizing speeding enforcement. If speeding is all they notice someone doing, they'd just be catch-and-release-ing people: pulling them over, squawking at them, and flying away. Literal slap-on-the-wrist tactics. Which is actually usefully deterrent on its own, if there are enough of these drones, and they just keep doing it, over and over again, to violators. (Do note that people can't just "not pull over" because they know there are no penalties involved; they would still be considered police, and "not complying with a police stop" would, as always, be a real crime with real penalties; if you run from the drone, it would summon actual cars to chase you!)
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Oddly, I think if you follow this legal paradigm to its natural conclusion, it could lead to a world where it could even be legal to e.g. drive your car home from the bar while intoxicated... as long as you're driving at 2mph, with your hazards on, and avoiding highways. But miss any of those factors, and it "co-aggravates" with a "driving recklessly for your reaction speed" charge, into an actual crime.
>(Do note that people can't just "not pull over" because they know there are no penalties involved; they would still be considered police, and "not complying with a police stop" would, as always, be a real crime with real penalties; if you run from the drone, it would summon actual cars to chase you!)
Or perhaps people will not be able to just "not pull over" because the police drones will be given the power to remotely command their car to stop. Heck, why even have the drones? Just require that the car monitor speeding infractions and report them for fines. Serious or repeat offenders can have their throttles locked out to the speed limit of the current road.
Sure, in the same way that vehicles without backup cameras or even airbags still exist. They will become less common over time. Vehicles don't have to be fully autonomous to provide this "service". They just need to have a reliable grasp of which road segment they are on and what the speed limit is. It will take some time but it won't be long before there are no cars left on the road that lack the (at least theoretical) ability to be controlled via cell radio. Heck, even without a police incentive, this will happen just because remotely disabling a car is a great way to simplify repossession.
I personally happen to think this is a terrible idea, just one cyber attack or regime change away from crippling everyday Americans ability to get around and live their lives, but that probably won't stop it from happening.
I would note that motorcycles, ATVs, tractors, etc. still don't have seatbelts or airbags. And sure, that's partly because, for some combinations of safety feature x vehicle class, they fundamentally can't. But we could have just outlawed public road use by those vehicle classes because of that. We didn't, because the lack of much more basic safety features (e.g. a roll cage) was already "priced in" to our decision to allow those vehicle classes on the road to begin with. These vehicle classes represent different trade-offs in safety-space, that operators of all vehicles sharing the road are highly aware of, maintaining a sort of mutual understanding of vulnerability of the different types of vehicles they're sharing the road with.
(That is: it's not just that motorcyclists themselves are more aware that they could be fatally T-boned (and so drive more defensively / keep more distance to avoid that outcome); it's also that drivers of heavier vehicles who encounter a "trolley problem" where they can either veer to hit a car, or to hit a motorcyclist, are aware that there's far less metal protecting the motorcyclist from the impact — so they are very likely to choose to veer to hit the car instead.)
And because of this, I would expect that we would never truly see the elimination of speed-limiter-less road vehicles, even if all cars were mandated to have them. There's just too many other things on the road (motorcycles, ATVs, tractors and construction equipment, e-bikes, etc) that are designed with these different safety trade-offs, such that they would likely never end up having the speed limiting imposed on them.
And that's enough things still on the road that could be dangerous if they hit someone, that would need to be pulled over for speeding, that I wouldn't imagine we'd see "off-board" speeding enforcement go away any time soon.
A guy on a literbike can drive at such stupidly fast speeds that he can't actually be pulled over already. By and large, society continues to function despite the occasional scofflaw doing 180 in a 55. They don't even tend to kill bystanders all that often.
I would imagine that if, say, 95% of vehicles on the road were incapable of speeding, there would be very little reason for the police to attempt to stop the other 5%. You'd probably still have token speed enforcement, but without the revenue raising potential of frequent speed tickets, it would likely make sense to direct enforcement resources elsewhere.
To wit, in some places you will be issued a DUI (of sorts) for riding a bicycle home from the bar. And it's actually enforced. Talk about the police shooting themselves in the foot.
So, in the case of speeding:
- Speeding on its own would only automatically "warrant" the police to stop you / interview you / tell you off, and perhaps to follow you around for a while after they pull you over, to ensure you don't start speeding again (and to immediately pull you over again if you do.) I say "warrant" here because this doesn't actually give them any powers that private citizens don't have; rather, it protects them from you suing them for harassment for what they're doing. (Just like a "search warrant" doesn't give the police any additional powers per se, but rather protects them from civil and criminal damages associated with them breaking-and-entering into the specified location, destroying any property therein, etc.)
- But speeding while in the process of committing some other "actual" crime, or speeding that contributes to some other crime being committed, may be an aggravating factor that multiplies the penalty associated with the other act, or changes the nominal charge for the other act.
We might also then see a tweak for "threshold aggravations", such that e.g.
- Speeding while also doing some other dumb thing — having your brake-lights broken, say — may be considered to "cross a threshold" where they add up to an arrest+charge, even though none of the individual violations has a penalty when considered independently.
This would, AFAICT, translate well into a regime where there are little traffic-cop drones everywhere, maximizing speeding enforcement. If speeding is all they notice someone doing, they'd just be catch-and-release-ing people: pulling them over, squawking at them, and flying away. Literal slap-on-the-wrist tactics. Which is actually usefully deterrent on its own, if there are enough of these drones, and they just keep doing it, over and over again, to violators. (Do note that people can't just "not pull over" because they know there are no penalties involved; they would still be considered police, and "not complying with a police stop" would, as always, be a real crime with real penalties; if you run from the drone, it would summon actual cars to chase you!)
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Oddly, I think if you follow this legal paradigm to its natural conclusion, it could lead to a world where it could even be legal to e.g. drive your car home from the bar while intoxicated... as long as you're driving at 2mph, with your hazards on, and avoiding highways. But miss any of those factors, and it "co-aggravates" with a "driving recklessly for your reaction speed" charge, into an actual crime.