Comment by account42

Penalties are not just to compensate for the harm done but also to incentivize against doing the harm in the first place. This only works if penalties * p(getting convicted) > profit. p(getting convicted) very much depends no the size of the entity so penalties need to be increased accordingly to attain the same deterrent effect.

Being able to game a naive implementation of such scaling is not an argument for not scaling penalties but for designing the concrete implementation to be hard to game and/or applying even higher penalties when someone has been found to try to game the system - which is something that should be done more in general.

We can absolutely make it so that people hiring private chauffeurs share in the liability for breaking traffic laws just like we can absolutely hold CEOs liable for illegal activities done by employees under their purview.