These CommaAI devices have been around for several years. I have not personally tried them. I have not heard anything specific about their safety. I do think people using them will be more likely to treat it as an assistant, not a “self driving” solution as I believe it is mainly for freeway use.
The “level 3 autonomy problem” still persists - once you let the driver go “hands free” there’s the temptation to not pay attention, but automakers always have the legal caveat that these systems are “assistants”, and the driver must continue to pay attention and be in control at all times.
That said, it is a curious legal question - should an aftermarket product like this, with no regulation, be allowed? Although the instances of somebody “vibe coding” an AI self-driving car is almost a preposterous supposition, as CommaAI isn’t some “if then else” program, it is a trained neural network, the data and training process remain closed-source - only the inference model, the weights and biases, are open source. But the question of “what should be legal?” is still a question that deserves an answer.
Generally speaking, legislation has continued to be “hands off” this topic due to the desire to foster innovation in this space - but can that extend to open source? There may be a Constitutional question here (?).
Hard cases make bad laws....................