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General Assembly Substitute Bill No. 6486
January Session, 2021
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 Section 13a-260 of the general statutes is repealed and the 1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 task fallback for a vehicle; 13
(4) "Driving automation system" means the hardware and software 14
that are collectively capable of performing part or all of the dynamic 15
driving tasks on a sustained basis; 16 Substitute Bill No. 6486
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[(3)] (5) "Dynamic driving task" means the real-time operational and 17
tactical functions required to operate a motor vehicle on highways, 18
excluding the strategic functions such as trip scheduling and selection 19
of destinations and waypoints; 20
(6) "Dynamic driving task fallback" means the response by the user 21
to either perform the dynamic driving task or achieve a minimal risk 22
condition after occurrence of a dynamic driving task performance-23
relevant system failure or upon operational design domain exit, or the 24
response by an automated driving system to achieve minimal risk 25
condition; 26
(7) "Fallback-ready user" means the user of a vehicle equipped with 27
an engaged level three or conditional driving automation system who is 28
able to (A) operate the vehicle and is receptive to automated driving 29
system-issued requests to intervene, and (B) identify dynamic driving 30
task performance-relevant system failures in the vehicle compelling the 31
user to perform the dynamic driving task fallback; 32
(8) "Level three or conditional driving automation" means the 33
sustained and operational design domain-specific performance by an 34
automated driving system of the entire dynamic driving task with the 35
expectation that the dynamic driving task fallback-ready user is 36
receptive to automated driving system-issued requests to intervene and 37
to dynamic driving task performance-relevant system failures in other 38
vehicle systems and will respond appropriately; 39
(9) "Minimal risk condition" means a condition to which a user or an 40
automated driving system may bring a vehicle after performing the 41
dynamic driving task fallback to reduce the risk of a crash when a given 42
trip cannot or should not be completed; 43
(10) "Operate" means the activities performed by an operator or by an 44
automated driving system to perform the entire dynamic driving task 45
for a vehicle during a trip; 46
[(4)] (11) "Operational design domain" means [a description of the 47 Substitute Bill No. 6486
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operating domains in which an automated driving system is] the 48
operating conditions under which a driving automation system, or 49
feature of such system, is specifically designed to function, including, 50
but not limited to, [geographic, roadway,] environmental, [and speed 51
limitations] geographical and time-of-day restrictions and the requisite 52
presence or absence of certain traffic or roadway conditions; 53
[(5) "SAE J3016" means the "Taxonomy and Definitions for Terms 54
Related to Driving Automation Systems for On-Road Motor Vehicles" 55
published by SAE International in September 2016;] 56
[(6)] (12) "Operator" means [the person who causes the automated 57
driving system to engage while physically inside the fully autonomous 58
vehicle] a driver or automated driving system that operates a motor 59
vehicle; 60
[(7) "Autonomous vehicle tester" means an autonomous vehicle 61
manufacturer, institution of higher education, fleet service provider or 62
automotive equipment or technology provider; 63
(8) "Fleet service provider" means a person or entity that owns or 64
leases a fully autonomous vehicle and operates such fully autonomous 65
vehicle for commercial or public use; 66
(9) "Autonomous vehicle manufacturer" means: (A) A person or 67
entity that builds or sells fully autonomous vehicles; (B) a person or 68
entity that installs automated driving systems in motor vehicles that are 69
not originally built as fully autonomous vehicles; or (C) a person or 70
entity that develops automated driving systems in fully autonomous 71
vehicles or motor vehicles that are not originally built as fully 72
autonomous vehicles; 73
(10) "Secretary" means the Secretary of the Office of Policy and 74
Management; and] 75
(13) "Request to intervene" means notification by an automated 76
driving system to a fallback-ready user indicating that the fallback-77 Substitute Bill No. 6486
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ready user should promptly perform the dynamic driving task fallback, 78
which may entail resuming manual operation of the vehicle or achieving 79
a minimal risk condition; 80
(14) "System failure" means a malfunction in an automated driving 81
system or other vehicle system that prevents the automated driving 82
system from reliably performing the portion of the dynamic driving task 83
on a sustained basis, including the complete dynamic driving task, that 84
it would otherwise perform; 85
(15) "Testing" means operating a motor vehicle equipped with an 86
automated driving system for the purpose of demonstrating or 87
evaluating the automated driving system on highways; 88
(16) "Trip" means the traversal of an entire travel pathway by a 89
vehicle from the point of origin to a destination; 90
(17) "User" means a person who performs the human role in driving 91
automation; and 92
[(11)] (18) "Highway", ["limited access highway", and] "motor 93
vehicle", "operator's license" and "owner" have the same meanings as 94
defined in section 14-1. 95
[(b) The Office of Policy and Management, in consultation with the 96
Departments of Motor Vehicles, Transportation and Emergency 97
Services and Public Protection, shall establish a pilot program for not 98
more than four municipalities to allow autonomous vehicle testers to 99
test fully autonomous vehicles on the highways of such municipalities. 100
Municipalities shall apply to the Secretary of the Office of Policy 101
Management in the manner and form directed by the secretary for 102
inclusion in the pilot program. The secretary shall select at least one 103
municipality with a population of at least one hundred twenty 104
thousand, but not more than one hundred twenty-four thousand, and 105
one municipality with a population of at least one hundred thousand, 106
as enumerated in the 2010 federal decennial census. 107 Substitute Bill No. 6486
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(c) The chief elected official or chief executive officer of a municipality 108
selected by the secretary shall select and enter into a written agreement 109
with an autonomous vehicle tester or autonomous vehicle testers to test 110
fully autonomous vehicles on the highways of the municipality. Such 111
agreement shall, at a minimum: (1) Specify the locations and routes 112
where such fully autonomous vehicles may operate; (2) prohibit the 113
operation of such fully autonomous vehicles outside such locations and 114
routes except in the case of an emergency; (3) identify each fully 115
autonomous vehicle to be tested by vehicle identification number, make, 116
year and model; and (4) specify the hours of operation of such fully 117
autonomous vehicles. 118
(d) An autonomous vehicle tester shall not test a fully autonomous 119
vehicle in a municipality unless: 120
(1) The operator is: (A) Physically inside the fully autonomous 121
vehicle; (B) monitoring the operation of such fully autonomous vehicle; 122
(C) capable of taking immediate manual control of such fully 123
autonomous vehicle; (D) an employee, independent contractor or other 124
person designated and trained by the autonomous vehicle tester 125
concerning the capabilities and limitations of such fully autonomous 126
vehicle; and (E) a holder of an operator's license; 127
(2) The autonomous vehicle tester: (A) Registers each fully 128
autonomous vehicle to be tested with the Commissioner of Motor 129
Vehicles pursuant to section 14-12; and (B) submits to the commissioner, 130
in a manner and form directed by the commissioner, proof of liability 131
insurance, self-insurance or a surety bond of at least five million dollars 132
for damages by reason of bodily injury, death or property damage 133
caused by a fully autonomous vehicle; and 134
(3) The operator and autonomous vehicle tester: (A) Comply with any 135
provision of the general statutes or any ordinance of a municipality 136
concerning the operation of motor vehicles; (B) comply with standards 137
established by the National Highway Traffic Safety Administration 138
regarding fully autonomous vehicles; and (C) satisfy any other 139 Substitute Bill No. 6486
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requirement as determined by the secretary, in consultation with the 140
Commissioners of Motor Vehicles, Transportation and Emergency 141
Services and Public Protection, as necessary to ensure the safe operation 142
of such fully autonomous vehicle. 143
(e) No autonomous vehicle tester shall test a fully autonomous 144
vehicle on any limited access highway. 145
(f) The secretary may immediately prohibit an operator or 146
autonomous vehicle tester from testing a fully autonomous vehicle if the 147
secretary, in consultation with the Commissioners of Motor Vehicles, 148
Transportation and Emergency Services and Public Protec tion, 149
determines that such testing poses a risk to public safety or that such 150
operator or autonomous vehicle tester fails to comply with the 151
provisions of this section or with the requirements of the pilot program. 152
(g) An autonomous vehicle tester that participates in the pilot 153
program shall provide information to the secretary and the task force 154
established pursuant to section 2 of public act 17-69* that the secretary 155
and task force deem to be appropriate for measuring the performance 156
of the pilot program. The autonomous vehicle tester may withhold any 157
commercially valuable, confidential or proprietary information. 158
(h) Not later than July 1, 2020, and annually thereafter, the secretary 159
shall submit a report to the joint standing committee of the General 160
Assembly having cognizance of matters relating to transportation, in 161
accordance with section 11-4a, concerning the implementation and 162
progress of the pilot program.] 163
(b) Not later than January 1, 2023, the Commissioner of 164
Transportation, in consultation with the Secretary of the Office of Policy 165
and Management and the Commissioners of Motor Vehicles, Insurance 166
and Emergency Services and Public Protection, shall establish a 167
program to test and operate ADS-equipped vehicles on highways in the 168
state. The commissioners and secretary shall (1) consider 169
recommendations from municipalities and other interested 170 Substitute Bill No. 6486
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stakeholders in establishing such program, (2) require an owner of an 171
ADS-equipped vehicle to submit an application with a safety plan, and 172
(3) approve an application prior to permitting an owner or driver to test 173
and operate an ADS-equipped vehicle. 174
(c) The commissioners and secretary shall jointly adopt regulations, 175
in accordance with the provisions of chapter 54, establishing the 176
requirements of such program. Such regulations shall, at a minimum, 177
(1) incorporate any provision of any statute or regulation of this state or 178
the federal government and national best practices regarding testing 179
and operating ADS-equipped vehicles on highways, (2) establish 180
procedures for an application to be submitted by the owner of an ADS-181
equipped vehicle, (3) require such application to include a safety plan to 182
manage the risks associated with crashes and driver inattentiveness and 183
list countermeasures to be undertaken by the owner or the driver of the 184
ADS-equipped vehicle to manage such risks, and (4) criteria for the 185
approval or denial of any such application. 186
(d) Before an ADS-equipped vehicle is tested or operated on a 187
highway, the owner or the driver of the ADS-equipped vehicle shall: 188
(1) When required by federal law or regulation, (A) receive 189
certification that the ADS-equipped vehicle is in compliance with all 190
applicable federal motor vehicle safety standards and regulations, and 191
(B) place any required certification label, including any reference to an 192
exception granted under federal law or regulation, on the ADS-193
equipped vehicle; 194
(2) Register the ADS-equipped vehicle with the Commissioner of 195
Motor Vehicles pursuant to section 14-12 or validly register the ADS-196
equipped vehicle in another state; and 197
(3) Maintain automobile liability insurance coverage or a surety bond 198
of at least five million dollars for damages by reason of bodily injury, 199
death or property damage caused by an ADS-equipped vehicle. 200
(e) An ADS-equipped vehicle shall comply with any provision of the 201 Substitute Bill No. 6486
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general statutes or any ordinance of a municipality concerning the 202
operation of a motor vehicle. 203
(f) When an ADS-equipped vehicle is testing or operating on the 204
highways of the state and the automated driving system is engaged: 205
(1) The automated driving system is the operator and shall perform 206
the entire dynamic driving task of the vehicle; 207
(2) The automated driving system is not required to obtain or possess 208
an operator's license; 209
(3) The owner of the ADS-equipped vehicle is responsible for 210
ensuring the compliant operation of the vehicle; 211
(4) The ADS-equipped vehicle shall operate within the operational 212
design domain designated by the manufacturer, unless the ADS-213
equipped vehicle is granted an exemption under federal law or 214
regulation; and 215
(5) The automated driving system shall achieve a minimal risk 216
condition or make a request to intervene if an operational design 217
domain exit occurs or a system failure occurs that renders the ADS-218
equipped vehicle unable to perform the entire dynamic driving task 219
relevant to the intended operational design domain. 220
(g) If an ADS-equipped vehicle is involved in a crash, the ADS-221
equipped vehicle shall achieve a minimal risk condition and remain at 222
the scene of the crash. The owner of the ADS-equipped vehicle, or a 223
person on behalf of such owner, shall (1) immediately report the crash 224
to a law enforcement officer and remain at the scene of the crash until 225
the arrival of a law enforcement officer, and (2) provide the following 226
information upon request to the law enforcement officer: (A) Proof of 227
registration and insurance, (B) the driver's operator's license, (C) specific 228
details of the crash, including the possible cause of the crash, (D) 229
whether the automated driving system was engaged prior to and at the 230
time of the crash, and (E) any other information as requested by the law 231 Substitute Bill No. 6486
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enforcement officer. 232
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 13a-260
Statement of Legislative Commissioners:
In Subsec. (a), the term "driving automation" was deleted to remove
redundant language and the subdivisions were renumbered
accordingly, in Subsec. (a)(7), "evident" was changed to "identify" for
clarity, in Subsec. (a)(14), "driving automation" was changed to
"automated driving" for accuracy, in Subsec. (b)(3), "from testing and
operating" was changed to "to test and operate" for clarity and in
Subsec. (c), "jointly" was added and "such applications" was changed to
"any such application" for clarity.
TRA Joint Favorable Subst.