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OLR Bill Analysis
sHB 6486
AN ACT CONCERNING AUTOMATED DRIVING SYSTEM
EQUIPPED VEHICLES.
SUMMARY
This bill (1) requires the Department of Transportation (DOT), in
collaboration with other agencies, to develop a program to test and
operate vehicles equipped with automated driving systems (ADS) (i.e.,
“ADS-equipped vehicles”) and (2) eliminates the autonomous vehicle
(AV) testing pilot program, which never started.
In establishing the program, the bill requires DOT to adopt
regulations that (1) incorporate state and federal laws and national best
practices on testing and (2) set application requirements for ADS-
equipped vehicle owners seeking approval to test or operate their
vehicles on state roads. The bill also establishes requirements for
testing and operating ADS-equipped vehicles, including that the
vehicles must comply with federal safety standards, be registered, and
be insured.
The bill also adds and modifies definitions related to ADS-equipped
vehicles and eliminates definitions related to the AV testing pilot
program.
EFFECTIVE DATE: July 1, 2021
DEFINITIONS
The bill adds new definitions and modifies existing ones related to
ADS-equipped vehicles. By law, (1) “ADS” is the hardware and
software that are collectively capable of performing the entire dynamic
driving task on a sustained basis, regardless of whether the ADS is
limited to a specific operational design domain, and (2) “dynamic
driving task” means the real-time operational and tactical functions
required to operate a motor vehicle on highways, excluding the 2021HB-06486-R000433-BA.DOCX
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strategic functions such as trip scheduling and selecting destinations
and waypoints.
The bill eliminates the definition of fully autonomous vehicle and
references to levels of automation, instead using the term “ADS-
equipped vehicles” to refer to automated vehicles. The bill also
eliminates the following definitions for terms used in the pilot
program the bill eliminates: AV tester, fleet service provider, AV
manufacturer.
Technology-Related Definitions
The bill adds numerous industry standard definitions related to
automated vehicle technology and modifies existing state definitions
to conform with industry standards. These definitions and standards
were developed by SAE International and published in SAE J3016.
(However, the bill eliminates the specific reference to this publication.)
SAE International is an engineering professional organization that
develops standards for the aviation, automotive, and commercial
vehicle industries.
Operational Design Domain. The bill redefines “operational
design domain” as the operating conditions under which a driving
automation system, or feature of it, is specifically designed to function,
including, environmental, geographical, and time-of-day restrictions,
and the requisite presence or absence of certain traffic or roadway
conditions.
Minimal Risk Condition. Under the bill “minimal risk condition”
means a condition that a user or an ADS may bring a vehicle to after
performing the dynamic driving task fallback to reduce the risk of a
crash when a given trip cannot or should not be completed.
Other Terms. Other defined terms added include: driving
automation, dynamic driving task fallback, fallback-ready user, level
three or conditional driving automation, operate, request to intervene,
system failure, and trip.
Driver, User, and Operator 2021HB-06486-R000433-BA.DOCX
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The bill defines “driver” as a “user” who performs in real-time part
or all of the dynamic driving task. A “user” is a person who performs
the human role in driving automation.
The bill also re-defines operator as the driver or the automated
driving system that operates a vehicle. Under current law, an
“operator” is the person who causes the ADS to engage while
physically inside the vehicle.
As with the technology-related terms, these terms conform to SAE
standards.
ADS-EQUIPPED VEHICLE TES TING
By January 1, 2023, the bill requires the DOT commissioner to
establish a program to test and operate ADS-equipped vehicles on
state roads. In doing so, he must consult with the Office of Policy and
Management (OPM) secretary and the commissioners of the
Department of Motor Vehicles (DMV), Department of Emergency
Services and Public Protection (DESPP), and Insurance Department.
The bill requires the commissioners and secretary to consider
recommendations from municipalities and other interested
stakeholders. As part of the program, they must (1) require ADS-
equipped vehicle owners to submit applications with safety plans and
(2) approve applications before allowing owners or drivers to test and
operate ADS-equipped vehicles.
The commissioners and secretary must jointly adopt regulations
establishing program requirements, which must, at a minimum:
1. incorporate state and federal laws and national best practices
regarding testing and operating ADS-equipped vehicles on
highways;
2. establish application procedures, including requiring each
application to include a safety plan to manage the risks
associated with crashes and driver inattentiveness and list
countermeasures the owner or driver will take to manage the 2021HB-06486-R000433-BA.DOCX
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risks; and
3. include criteria for approving or denying an application.
Testing Requirements and Conditions
The bill sets a number of requirements and conditions that must be
met to test or operate ADS-equipped vehicles on roads.
Federal Motor Vehicle Safety Standards. When required by
federal law or regulations, the owner or driver of the ADS-equipped
vehicle must, before an ADS-equipped vehicle is tested or operated on
state roads, (1) receive certification that the vehicle complies with all
federal motor vehicle safety standards and regulations and (2) place on
the vehicle any required certification label, including any reference to
exceptions granted under federal law or regulation.
Registration. The owner or driver of an ADS-equipped vehicle
must register it with DMV or validly register it in another state before
operating or testing it on state roads.
Insurance. Before testing or operating ADS-equipped vehicles on
state roads, vehicle owners or drivers must maintain auto liability
insurance coverage or a surety bond of at least $5 million for damages
because of bodily injury, death, or property damage caused by the
vehicle.
Compliance with Laws. ADS-equipped vehicles must comply with
state law and municipal ordinances related to motor vehicle operation.
Requirements During Testing or Operation. When an ADS-
equipped vehicle is testing or operating on state roads and the ADS is
engaged, the following requirements and conditions apply:
1. the ADS is the operator and must perform the entire dynamic
driving task;
2. the ADS is not required to get or hold a driver’s license;
3. the ADS-equipped vehicle owner is responsible for ensuring the 2021HB-06486-R000433-BA.DOCX
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vehicle’s compliant operation;
4. the ADS-equipped vehicle must operate within the operational
design domain designated by the manufacturer, unless the
vehicle is granted an exception under federal law or regulation;
and
5. the ADS must achieve a minimal risk condition or make a
request to intervene if an operational design domain exit or a
system failure occurs that renders the vehicle unable to perform
the entire dynamic driving task relevant to the intended
operational design domain.
Requirements in Event of a Crash. If an ADS-equipped vehicle is
involved in a crash, the vehicle must achieve a minimal risk condition
and remain at the crash scene. The vehicle owner, or a person on the
owner’s behalf, must immediately report the crash to law enforcement
and remain at the scene until an officer arrives. Upon the officer’s
request, the owner or person must provide the following information:
1. proof of registration and insurance;
2. the driver’s license of the driver;
3. specific details about the crash, including its possible cause;
4. whether the ADS was engaged prior to and at the time of the
crash; and
5. any other information the officer requests.
TESTING PILOT PROGRA M (PA 17-69)
The bill repeals the current AV testing pilot program, which was
never fully operational. The pilot program was to be administered by
OPM, in consultation with DMV, DOT, and DESPP, and allow AV
testers to test AVs in up to four municipalities. OPM had to select at
least (1) one municipality with a population of between 120,000 and
124,000, as listed in the 2010 census (i.e., Stamford), and (2) a different
municipality with a population of at least 100,000, as listed in the 2010 2021HB-06486-R000433-BA.DOCX
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census.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 34 Nay 1 (03/26/2021)