LCO No. 3438 1 of 9 General Assembly Raised Bill No. 6486 January Session, 2021 LCO No. 3438 Referred to Committee on TRANSPORTATION Introduced by: (TRA) AN ACT CONCERNING AU TOMATED DRIVING SYST EM EQUIPPED VEHICLES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 13a-260 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2021): 2 (a) For the purposes of this section: 3 (1) ["Fully autonomous vehicle"] "ADS-equipped vehicle" means a 4 motor vehicle that is equipped with an automated driving system; [, 5 designed to function without an operator and classified as level four or 6 level five by SAE J3016;] 7 (2) "Automated driving system" or "ADS" means the hardware and 8 software that are collectively capable of performing the entire dynamic 9 driving task on a sustained basis, regardless of whether the automated 10 driving system is limited to a specific operational design domain; 11 (3) "Driver" means a user who performs in real-time part or all of the 12 dynamic driving tasks or dynamic driving tasks fallback for a vehicle; 13 Raised Bill No. 6486 LCO No. 3438 2 of 9 (4) "Driving automation" means the performance by hardware and 14 software of part or all of the dynamic driving tasks on a sustained basis; 15 (5) "Driving automation system" means the hardware and software 16 that are collectively capable of performing part or all of the dynamic 17 driving tasks on a sustained basis; 18 [(3)] (6) "Dynamic driving task" means the real-time operational and 19 tactical functions required to operate a motor vehicle on highways, 20 excluding the strategic functions such as trip scheduling and selection 21 of destinations and waypoints; 22 (7) "Dynamic driving task fallback" means the response by the user 23 to either perform the dynamic driving task or achieve a minimal risk 24 condition after occurrence of a dynamic driving task performance-25 relevant system failure or upon operational design domain exit, or the 26 response by an automated driving system to achieve minimal risk 27 condition; 28 (8) "Fallback-ready user" means the user of a vehicle equipped with 29 an engaged level three or conditional driving automation system who is 30 able to (A) operate the vehicle and is receptive to automated driving 31 system-issued requests to intervene, and (B) evident dynamic driving 32 task performance-relevant system failures in the vehicle compelling the 33 user to perform the dynamic driving task fallback; 34 (9) "Level three or conditional driving automation" means the 35 sustained and operational design domain-specific performance by an 36 automated driving system of the entire dynamic driving task with the 37 expectation that the dynamic driving task fallback-ready user is 38 receptive to automated driving system-issued requests to intervene and 39 to dynamic driving task performance-relevant system failures in other 40 vehicle systems and will respond appropriately; 41 (10) "Minimal risk condition" means a condition to which a user or an 42 automated driving system may bring a vehicle after performing the 43 dynamic driving task fallback to reduce the risk of a crash when a given 44 Raised Bill No. 6486 LCO No. 3438 3 of 9 trip cannot or should not be completed; 45 (11) "Operate" means the activities performed by an operator or by an 46 automated driving system to perform the entire dynamic driving task 47 for a vehicle during a trip; 48 [(4)] (12) "Operational design domain" means [a description of the 49 operating domains in which an automated driving system is] the 50 operating conditions under which a driving automation system, or 51 feature of such system, is specifically designed to function, including, 52 but not limited to, [geographic, roadway,] environmental, [and speed 53 limitations] geographical and time-of-day restrictions and the requisite 54 presence or absence of certain traffic or roadway conditions; 55 [(5) "SAE J3016" means the "Taxonomy and Definitions for Terms 56 Related to Driving Automation Systems for On-Road Motor Vehicles" 57 published by SAE International in September 2016;] 58 [(6)] (13) "Operator" means [the person who causes the automated 59 driving system to engage while physically inside the fully autonomous 60 vehicle] a driver or automated driving system that operates a motor 61 vehicle; 62 [(7) "Autonomous vehicle tester" means an autonomous vehicle 63 manufacturer, institution of higher education, fleet service provider or 64 automotive equipment or technology provider; 65 (8) "Fleet service provider" means a person or entity that owns or 66 leases a fully autonomous vehicle and operates such fully autonomous 67 vehicle for commercial or public use; 68 (9) "Autonomous vehicle manufacturer" means: (A) A person or 69 entity that builds or sells fully autonomous vehicles; (B) a person or 70 entity that installs automated driving systems in motor vehicles that are 71 not originally built as fully autonomous vehicles; or (C) a person or 72 entity that develops automated driving systems in fully autonomous 73 vehicles or motor vehicles that are not originally built as fully 74 Raised Bill No. 6486 LCO No. 3438 4 of 9 autonomous vehicles; 75 (10) "Secretary" means the Secretary of the Office of Policy and 76 Management; and] 77 (14) "Request to intervene" means notification by an automated 78 driving system to a fallback-ready user indicating that the fallback-79 ready user should promptly perform the dynamic driving task fallback, 80 which may entail resuming manual operation of the vehicle or achieving 81 a minimal risk condition; 82 (15) "System failure" means a malfunction in a driving automation 83 system or other vehicle system that prevents the driving automatic 84 system from reliably performing the portion of the dynamic driving task 85 on a sustained basis, including the complete dynamic driving task, that 86 it would otherwise perform; 87 (16) "Testing" means operating a motor vehicle equipped with an 88 automated driving system for the purpose of demonstrating or 89 evaluating the automated driving system on highways; 90 (17) "Trip" means the traversal of an entire travel pathway by a 91 vehicle from the point of origin to a destination; 92 (18) "User" means a person who performs the human role in driving 93 automation; and 94 [(11)] (19) "Highway", ["limited access highway", and] "motor 95 vehicle", "operator's license" and "owner" have the same meanings as 96 defined in section 14-1. 97 [(b) The Office of Policy and Management, in consultation with the 98 Departments of Motor Vehicles, Transportation and Emergency 99 Services and Public Protection, shall establish a pilot program for not 100 more than four municipalities to allow autonomous vehicle testers to 101 test fully autonomous vehicles on the highways of such municipalities. 102 Municipalities shall apply to the Secretary of the Office of Policy 103 Management in the manner and form directed by the secretary for 104 Raised Bill No. 6486 LCO No. 3438 5 of 9 inclusion in the pilot program. The secretary shall select at least one 105 municipality with a population of at least one hundred twenty 106 thousand, but not more than one hundred twenty-four thousand, and 107 one municipality with a population of at least one hundred thousand, 108 as enumerated in the 2010 federal decennial census. 109 (c) The chief elected official or chief executive officer of a municipality 110 selected by the secretary shall select and enter into a written agreement 111 with an autonomous vehicle tester or autonomous vehicle testers to test 112 fully autonomous vehicles on the highways of the municipality. Such 113 agreement shall, at a minimum: (1) Specify the locations and routes 114 where such fully autonomous vehicles may operate; (2) prohibit the 115 operation of such fully autonomous vehicles outside such locations and 116 routes except in the case of an emergency; (3) identify each fully 117 autonomous vehicle to be tested by vehicle identification number, make, 118 year and model; and (4) specify the hours of operation of such fully 119 autonomous vehicles. 120 (d) An autonomous vehicle tester shall not test a fully autonomous 121 vehicle in a municipality unless: 122 (1) The operator is: (A) Physically inside the fully autonomous 123 vehicle; (B) monitoring the operation of such fully autonomous vehicle; 124 (C) capable of taking immediate manual control of such fully 125 autonomous vehicle; (D) an employee, independent contractor or other 126 person designated and trained by the autonomous vehicle tester 127 concerning the capabilities and limitations of such fully autonomous 128 vehicle; and (E) a holder of an operator's license; 129 (2) The autonomous vehicle tester: (A) Registers each fully 130 autonomous vehicle to be tested with the Commissioner of Motor 131 Vehicles pursuant to section 14-12; and (B) submits to the commissioner, 132 in a manner and form directed by the commissioner, proof of liability 133 insurance, self-insurance or a surety bond of at least five million dollars 134 for damages by reason of bodily injury, death or property damage 135 caused by a fully autonomous vehicle; and 136 Raised Bill No. 6486 LCO No. 3438 6 of 9 (3) The operator and autonomous vehicle tester: (A) Comply with any 137 provision of the general statutes or any ordinance of a municipality 138 concerning the operation of motor vehicles; (B) comply with standards 139 established by the National Highway Traffic Safety Administration 140 regarding fully autonomous vehicles; and (C) satisfy any other 141 requirement as determined by the secretary, in consultation with the 142 Commissioners of Motor Vehicles, Transportation and Emergency 143 Services and Public Protection, as necessary to ensure the safe operation 144 of such fully autonomous vehicle. 145 (e) No autonomous vehicle tester shall test a fully autonomous 146 vehicle on any limited access highway. 147 (f) The secretary may immediately prohibit an operator or 148 autonomous vehicle tester from testing a fully autonomous vehicle if the 149 secretary, in consultation with the Commissioners of Motor Vehicles, 150 Transportation and Emergency Services and Public Protection, 151 determines that such testing poses a risk to public safety or that such 152 operator or autonomous vehicle tester fails to comply with the 153 provisions of this section or with the requirements of the pilot program. 154 (g) An autonomous vehicle tester that participates in the pilot 155 program shall provide information to the secretary and the task force 156 established pursuant to section 2 of public act 17-69* that the secretary 157 and task force deem to be appropriate for measuring the performance 158 of the pilot program. The autonomous vehicle tester may withhold any 159 commercially valuable, confidential or proprietary information. 160 (h) Not later than July 1, 2020, and annually thereafter, the secretary 161 shall submit a report to the joint standing committee of the General 162 Assembly having cognizance of matters relating to transportation, in 163 accordance with section 11-4a, concerning the implementation and 164 progress of the pilot program.] 165 (b) Not later than January 1, 2023, the Commissioner of 166 Transportation, in consultation with the Secretary of the Office of Policy 167 and Management and the Commissioners of Motor Vehicles, Insurance 168 Raised Bill No. 6486 LCO No. 3438 7 of 9 and Emergency Services and Public Protection shall establish state-wide 169 guidelines and requirements for testing and operating ADS-equipped 170 vehicles on highways in the state. Such guidelines and requirements 171 shall (1) incorporate any provision of any statute or regulation of this 172 state or the federal government and national best practices regarding 173 testing and operating ADS-equipped vehicles on highways, (2) consider 174 recommendations from the task force established pursuant to section 2 175 of public act 17-69, municipalities and other interested stakeholders, and 176 (3) be reviewed and revised as necessary. 177 (c) Before an ADS-equipped vehicle is tested or operated on a 178 highway, the owner or the driver of the ADS-equipped vehicle shall: 179 (1) When required by federal law or regulation, (A) receive 180 certification that the ADS-equipped vehicle is in compliance with all 181 applicable federal motor vehicle safety standards and regulations, and 182 (B) place any required certification label, including any reference to an 183 exception granted under federal law or regulation, on the ADS-184 equipped vehicle; 185 (2) Register the ADS-equipped vehicle with the Commissioner of 186 Motor Vehicles pursuant to section 14-12 or validly register the ADS-187 equipped vehicle in another state; and 188 (3) Maintain an automobile liability insurance coverage or a surety 189 bond of at least five million dollars for damages by reason of bodily 190 injury, death or property damage caused by an ADS-equipped vehicle. 191 (d) An ADS-equipped vehicle shall comply with any provision of the 192 general statutes or any ordinance of a municipality concerning the 193 operation of a motor vehicle. 194 (e) When an ADS-equipped vehicle is testing or operating on the 195 highways of the state and the automated driving system is engaged: 196 (1) The automated driving system is the operator and shall perform 197 the entire dynamic driving task of the vehicle; 198 Raised Bill No. 6486 LCO No. 3438 8 of 9 (2) The automated driving system is not required to obtain or possess 199 an operator's license; 200 (3) The owner of the ADS-equipped vehicle is responsible for 201 ensuring the compliant operation of the vehicle; 202 (4) The ADS-equipped vehicle shall operate within the operational 203 design domain designated by the manufacturer, unless the ADS-204 equipped vehicle is granted an exemption under federal law or 205 regulation; and 206 (5) The automated driving system shall achieve a minimal risk 207 condition or make a request to intervene if an operational design 208 domain exit occurs or a system failure occurs that renders the ADS-209 equipped vehicle unable to perform the entire dynamic driving task 210 relevant to the intended operational design domain. 211 (f) If an ADS-equipped vehicle is involved in a crash, the ADS-212 equipped vehicle shall achieve a minimal risk condition and remain at 213 the scene of the crash. The owner of the ADS-equipped vehicle, or a 214 person on behalf of such owner, shall (1) immediately report the crash 215 to a law enforcement officer and remain at the scene of the crash until 216 the arrival of a law enforcement officer, and (2) provide the following 217 information upon request to the law enforcement officer: (A) Proof of 218 registration and insurance, (B) the driver's operator's license, (C) specific 219 details of the crash, including the possible cause of the crash, (D) 220 whether the automated driving system was engaged prior to and at the 221 time of the crash, and (E) any other information as requested by the law 222 enforcement officer. 223 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 13a-260 Statement of Purpose: To permit the testing and operation of automated driving system equipped vehicles on state highways. Raised Bill No. 6486 LCO No. 3438 9 of 9 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]