[JesseK]

If a non-reflective surface were put on the driver's station, and the Kinect pointed down at that surface, I don't think that the GDC would disallow a Kinect due to safety within that context. If a driver can manipulate the robot that way, more power to him/her! Actually, you could probably put a proper-scale representation of the robot under the Kinect and manipulate it to manipulate the robot (like 1731 did in 2007 -- see the Behind the Design book).

As for use on the live robot, I think that there are still too many unknowns. If anything, Q&A it with very specific parameters in mind. If it's approved and you stay within those parameters, you would have a very strong argument (but not a guarantee since the inspectors have the final say in anything contextual) that the Kinect is safe for use.