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An automated driving system that covers 99.9% of cases but requires a driver to remain aware and intervene manually at the last moment continues to be a terrible idea, no matter what click-wrap conditions they sign off on when they take the wheel. Humans are just not built that way. Given nothing to do for extended periods of time our minds will wander, or we will fall asleep. The system will either need to require enough interaction from us to keep us awake and alert or be better than the best human driver in all conceivable scenarios. A nearly fool-proof solution isn’t good enough.
99.9% is still better than any human though. I think we can agree that no human perfectly handles 100% of cases, it is just not physically possible to do. That is why we have human accidents every day. So the more reasonable question is what % IS considered acceptable. If humans are 95% and a given system is 99.9%, well for me I prefer whichever of the two has better statistics overall.
 
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