The Cost of Over-Legislating Common Sense

We have a habit of legislating around edge cases until common sense becomes collateral damage.

Take this for example: why can’t I nap in the back seat of a Tesla with Full Self-Driving capabilities, yet I can order a Waymo, climb into the back seat, fall asleep, and be completely oblivious to what’s happening on the road? Same destination. Similar technology. Different rules.

Or consider these:

• I can ride in the passenger seat with a designated driver who hasn’t had a sip all night and still face restrictions on having a drink in the car. Yet hire an Uber, limo, or party bus and the equation changes. Same passenger behavior. Same public road. Different classification.
• I can buy lottery tickets at a gas station every day with virtually no friction. Yet in many places, running a neighborhood poker game with friends for small stakes crosses legal lines. Same money changing hands. Different wrapper.
• I can consume unlimited ultra-processed food delivered to my door at midnight. Yet a local baker selling homemade goods may need permits, inspections, and certifications before selling a muffin. One scales nationally; the other starts locally. Guess which gets the clipboard.

If liability is the issue, let me sign a waiver and remove liability from Tesla. If safety is the issue, then the logic should apply consistently elsewhere too.

The larger issue is this: personal accountability is slowly being legislated out of existence.

I wouldn’t order a Waymo during a flash flood and blame the manufacturer if things went sideways. I wouldn’t ignore weather alerts, drive into standing water, then ask why nobody stopped me. I wouldn’t buy a space heater, cover it with blankets, and act shocked when the warning label was right there.

We do need transparency. Better information. Clearer risks.

But not every bad decision needs a new rule attached to it. Sometimes responsibility still belongs to the person in the mirror.