SB226ENROLLED Page 0 SB226 L1ICWYW-2 By Senator Allen RFD: Transportation and Energy First Read: 19-Mar-24 1 2 3 4 5 SB226 Enrolled Page 1 First Read: 19-Mar-24 Enrolled, An Act, Relating to motor vehicles; to provide requirements for the authorization and use of motor vehicles equipped with an automated driving system. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. For purposes of this act, the following terms have the following meanings: (1) ADS-EQUIPPED VEHICLE. A vehicle equipped with an automated driving system. (2) AUTOMATED DRIVING SYSTEM or ADS. The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis regardless of whether it is limited to a specific operational design domain. (3) CONVENTIONAL HUMAN DRIVER. An individual, licensed or otherwise permitted by law to operate a vehicle, who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle. (4) DYNAMIC DRIVING TASK or DDT. All of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including, but not limited to: a. Lateral vehicle motion control via steering. b. Longitudinal vehicle motion control via acceleration and deceleration. c. Monitoring the driving environment via object and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB226 Enrolled Page 2 c. Monitoring the driving environment via object and event detection, recognition, classification, and response preparation. d. Object and event response execution. e. Manuever planning. f. Enhancing conspicuity via lighting, signaling, and gesturing. (5) FULLY AUTONOMOUS VEHICLE. A motor vehicle equipped with an automated driving system designed to function without a human driver as a Level 4 or Level 5 automation system under the Society of Automotive Engineers (SAE) Standard J3016. (6) MINIMAL RISK CONDITION. A stable, stopped condition to which a user or an automated driving system may bring a vehicle after performing the DDT fallback in order to reduce the risk of a crash when a given trip cannot or should not be continued. (7) ON-DEMAND AUTONOMOUS VEHICLE NETWORK. A transportation service or network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with ADS-equipped vehicles for purposes of transporting passengers or goods, including for-hire transportation and transportation of passengers or goods for compensation. (8) OPERATIONAL DESIGN DOMAIN or ODD. Operating conditions under which a given ADS or feature thereof is specifically designed to function, including, but not limited to, environmental, geographical, and time-of-day restrictions, and the requisite presence or absence of certain traffic or roadway characteristics 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB226 Enrolled Page 3 roadway characteristics Section 2. (a) An person may operate an ADS-equipped vehicle with the ADS engaged on the public roads of this state only under the following conditions: (1) The ADS-equipped vehicle is capable of complying with the following: a. All applicable traffic and motor vehicle safety laws and rules of this state which govern the performance of the dynamic driving task, unless an exemption has been granted pursuant to subsection (b). b. All applicable Federal Motor Vehicle Safety Standards, except to the extent an exemption has been granted under applicable federal law. c. All applicable traffic control devices, including, but not limited to, speed limit signs, other regulatory signs, advisory signs, warning signs, barriers, and construction or work zone signs. (2) The ADS-equipped vehicle shall be registered and titled in accordance with the laws of this state. (b) An ADS-equipped vehicle may be operated on the public roads of this state without a conventional human driver physically present in the vehicle if the vehicle is capable of achieving a minimal risk condition. Section 3. A fully autonomous vehicle may operate on public roads in this state only if a person submits proof to the Department of Revenue of financial responsibility that the fully autonomous vehicle has single limits liability coverage, by contract of insurance or by qualifying as a self-insurer, of not less than one hundred thousand dollars ($100,000). 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB226 Enrolled Page 4 of not less than one hundred thousand dollars ($100,000). Section 4. If a traffic accident occurs that involves an ADS-equipped vehicle that is being operated without a conventional human driver, the requirements of Chapter 10 of Title 32, Code of Alabama 1975, do not apply to the ADS-equipped vehicle, provided all of the following occur: (1) The owner of the ADS-equipped vehicle, or a person acting on behalf of the owner, promptly contacts the applicable law enforcement agency to report the crash. (2) If the ADS-equipped vehicle has the capability of promptly alerting a law enforcement agency or emergency services, the vehicle alerts a law enforcement agency or emergency services to the traffic accident. (3) The ADS-equipped vehicle remains at the scene or in the immediate vicinity of the crash until law enforcement arrives. (4) In accordance with Chapter 7A of Title 32, Code of Alabama 1975, the ADS-equipped vehicle's registration and insurance information is provided to the parties affected by the traffic accident. (5) In the event an ADS-equipped vehicle is not an automated commercial motor vehicle under Section 32-9B-1 but is being operated by a commercial entity without a conventional human driver, the owner of the ADS-equipped vehicle shall be deemed the operator of the vehicle and shall maintain the ability to respond to damages for liability on account of any accidents arising from the use of the ADS-equipped vehicle or automated driving system in the minimum amount of one million dollars ($1,000,000) per 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SB226 Enrolled Page 5 minimum amount of one million dollars ($1,000,000) per accident for death, bodily injury, and property damage to a third party. Section 5. A conventional human driver of an ADS-equipped vehicle is required to have a valid driver license for the class of vehicle being operated. Section 6. (a) Except as otherwise provided in this act or in Chapter 9B of Title 32, Code of Alabama 1975, and notwithstanding any other provision of law, the operation of ADS-equipped vehicles and automated driving systems is governed exclusively by this act. (b) No state or local entity may impose requirements, including performance standards, specific to the operation of ADS-equipped vehicles, automated driving systems, or automated commercial vehicles as defined in Section 32-9B-1, Code of Alabama 1975, except as specifically authorized by this act. Nothing in this section shall be construed to repeal or in any way modify Section 32-9-29, Code of Alabama 1975. (c) No municipality or other local or state entity may impose a tax on, or impose requirements on ADS-equipped vehicles or automated driving systems, where the tax or other requirement relates specifically to the operation of ADS-equipped vehicles. Section 7. For purposes of this act and for assessing compliance with applicable traffic or motor vehicle laws, including rules of the road, unless the context otherwise requires, the automated driving system shall be deemed to be the operator of an ADS-equipped vehicle when all of the following apply: 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 SB226 Enrolled Page 6 following apply: (1) The automated driving system is engaged and solely responsible for the driving task. (2) The automated driving system is being operated and maintained as intended by the manufacturer of the ADS-equipped vehicle. (3) A request to intervene has not been issued by the ADS-equipped vehicle. Section 8. (a) Liability for a traffic accident involving an ADS-equipped vehicle shall be determined in accordance with applicable state law, federal law, or common law. (b) The original manufacturer of a vehicle converted by a third party into an ADS-equipped vehicle may not be held liable in, and shall have a defense to and be dismissed from, any legal action brought against the original manufacturer by any individual injured due to an alleged vehicle defect caused by the conversion of the vehicle, or by equipment installed by the converter, unless the alleged defect was present in the vehicle as originally manufactured. Section 9. (a) An ADS-equipped vehicle that is designed to be operated exclusively by an automated driving system for all trips shall not be subject to motor vehicle equipment laws or rules of this state that relate to or support motor vehicle operation by a conventional human driver but are not relevant to an automated driving system. (b) Any ADS-equipped vehicle or automated commercial vehicle, as defined in Section 32-9B-1, Code of Alabama 1975, may be equipped with ADS marker lamps in accordance with the 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 SB226 Enrolled Page 7 may be equipped with ADS marker lamps in accordance with the SAE Recommended Practice and Standard guidelines, including SAE J3134. For purposes of this section, an ADS marker lamp means a device that emits light to indicate when an ADS is engaged in the operation of the vehicle. Section 10. An on-demand autonomous vehicle network shall be permitted to operate pursuant to state laws governing the operation of transportation network companies with the exception that any provision of this state's laws, including Chapter 7C of Title 32, Code of Alabama 1975, which reasonably applies only to a conventional human driver would not apply to the operation of ADS-equipped vehicles with the ADS engaged on an on-demand autonomous vehicle network. A fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network must meet the insurance requirements in Section 4. Section 11. Nothing in this act is intended to, nor be construed to, require a county to construct, upgrade, maintain, or place traffic control devices on county roads in a manner that is above and beyond the manner in which roads are constructed, upgraded, maintained, or designed for all other vehicular traffic. Section 12. This act shall become effective October 1, 2024. 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 SB226 Enrolled Page 8 2024. ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB226 Senate 30-Apr-24 I hereby certify that the within Act originated in and passed the Senate, as amended. Patrick Harris, Secretary. House of Representatives Amended and passed: 09-May-24 Senate concurred in House amendment 09-May-24 By: Senator Allen 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229