HLS 19RS-861 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 455
BY REPRESENTATIVE TERRY LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to autonomous commercial motor vehicles
1 AN ACT
2To enact Part IX of Chapter 1 of Title 32 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 32:400.1 through 400.5, relative to autonomous commercial motor
4 vehicles; to provide for definitions; to establish the controlling authority for
5 autonomous commercial motor vehicles; to provide relative to applications to
6 operate an autonomous commercial motor vehicle; to provide relative to
7 requirements of manufacturers; to establish the reporting requirements following an
8 accident; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Part IX of Chapter 1 of Title 32 of the Louisiana Revised Statutes of 1950,
11to be comprised of R.S. 32:400.1 through 400.5, is hereby enacted to read as follows:
12 PART IX. AUTONOMOUS COMMERCI AL MOTOR VEHICLES
13 §400.1. Definitions
14 When used in this Part, the following words and phrases have the meanings
15 ascribed to them, unless the context clearly indicates a different meaning:
16 (1) "Automated driving system" means the hardware and software that are
17 collectively capable of performing the entire dynamic driving task of an autonomous
18 commercial motor vehicle on a sustained basis, regardless of whether it is limited to
19 a specific operational design domain.
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1 (2) "Autonomous commercial motor vehicle" means a heavy-duty truck
2 tractor that is a commercial motor vehicle equipped with an automated driving
3 system, including those designed to function without a human driver.
4 (3) "Conventional human driver" means a natural person who is physically
5 present in a vehicle equipped with an automated driving system.
6 (4) "Dynamic driving task" means the real-time operational and tactical
7 functions required to operate a vehicle in on-road traffic within its specific
8 operational design domain, if any, excluding strategic functions such as trip
9 scheduling and selection of destinations and waypoints.
10 (5) "Minimal risk condition" means a reasonably safe position or condition
11 to which an automated driving system brings an autonomous commercial motor
12 vehicle, which shall include bringing the vehicle to a complete stop and activating
13 the vehicle's hazard lamps.
14 (6) "Operational design domain" means a description of the specific
15 operating domain in which an autonomous commercial motor vehicle is designed to
16 properly operate, including but not limited to roadway types, speed, environmental
17 conditions, and other domain constraints.
18 (7) "Remote human driver" means a natural person who is not seated in a
19 position to manually exercise in-vehicle braking, accelerating, steering, and
20 transmission gear selection input devices, but is able to perform the entire dynamic
21 driving task for the commercial motor vehicle.
22 (8) "Teleoperation system" means hardware and software installed in a
23 motor vehicle that allow a remote human driver to operate a commercial motor
24 vehicle.
25 §400.2. Controlling authority; compliance
26 A. Notwithstanding any provision of law to the contrary, autonomous
27 commercial motor vehicles, including any commercial use or operations, and
28 automated driving systems shall be governed exclusively by this Part.
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1 B. Notwithstanding any provision of law to the contrary, the Department of
2 Public Safety and Corrections, office of motor vehicles, shall be the sole and
3 exclusive agency with jurisdiction over autonomous commercial motor vehicles and
4 automated driving systems and shall implement the provisions of this Part in
5 conjunction with the Department of Transportation and Development.
6 C. A manufacturer remotely operating an autonomous commercial motor
7 vehicle in this state shall be in compliance with all applicable federal laws and
8 regulations of the United States Department of Transportation, including the
9 National Highway Traffic Safety Administration and the Federal Motor Carrier
10 Safety Administration, that govern the operation of autonomous commercial motor
11 vehicles.
12 D. Unless otherwise provided by this Part, the Department of Public Safety
13 and Corrections, office of motor vehicles, or the Department of Transportation and
14 Development, autonomous commercial motor vehicles shall operate in compliance
15 with the applicable traffic and motor vehicle laws and regulations of this state.
16 §400.3. Applications for autonomous commercial motor vehicles
17 A. The Department of Public Safety and Corrections, office of motor
18 vehicles, shall promulgate rules and regulations, in consultation with the Department
19 of Transportation and Development, as soon as practicable, establishing procedures
20 for the submission of applications to operate autonomous commercial motor vehicles
21 in this state without a conventional human driver physically present in the cab and
22 shall establish application approval requirements for manufacturers.
23 B. At a minimum, manufacturers shall demonstrate that an autonomous
24 commercial motor vehicle is:
25 (1) Capable of operating in compliance with applicable traffic and motor
26 vehicle laws and regulations of this state.
27 (2) Properly registered and titled in accordance with R.S. 32:701 et seq., and
28 R.S. 47:463.
29 (3) In compliance with applicable federal law.
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1 (4) Capable of achieving a minimal risk condition if a failure of an
2 automated driving system occurs that renders the system unable to perform the entire
3 dynamic driving task relevant to its intended operational design domain.
4 (5) Covered by compulsory motor vehicle liability security in accordance
5 with R.S. 32:861 or self-insurance in accordance with R.S. 32:1042 that satisfies the
6 requirements of federal law and the provisions of R.S. 32:900.
7 §400.4. Owners and operators of an autonomous commercial motor vehicle
8 A. The owner of an autonomous commercial motor vehicle or automated
9 driving system shall be considered the operator of the vehicle for the purpose of
10 assessing compliance with applicable traffic or motor vehicle laws and regulations
11 of the state, regardless of whether a person is physically present in the autonomous
12 commercial motor vehicle while it is operating.
13 B. The automated driving system shall be considered licensed to operate the
14 autonomous commercial motor vehicle.
15 §400.5. Reporting an accident
16 If an accident occurs involving an autonomous commercial motor vehicle
17 while the automated driving system is engaged, the autonomous commercial motor
18 vehicle shall remain at the scene of the accident, as required by R.S. 14:100, and the
19 owner or operator of the autonomous commercial motor vehicle shall comply with
20 the provisions of R.S. 32:398 relative to contacting the appropriate law enforcement
21 agency and furnishing all relevant information.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 455 Original 2019 Regular Session Terry Landry
Abstract: Provides relative to the operation of autonomous commercial motor vehicles.
Proposed law defines "automated driving system" as the hardware and software that are
collectively capable of performing the entire dynamic driving task of an autonomous
commercial motor vehicle on a sustained basis, regardless of whether it is limited to a
specific operational design domain.
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HB NO. 455
Proposed law defines "autonomous commercial motor vehicle" as a vehicle equipped with
an automated driving system, including those designed to function without a human driver.
Proposed law defines "conventional human driver" as a natural person who is physically
present in a vehicle equipped with an automated driving system.
Proposed law defines "dynamic driving task" as the real-time operational and tactical
functions required to operate a vehicle in on-road traffic within its specific operational
design domain, if any, excluding strategic functions such as trip scheduling and selection of
destinations and waypoints.
Proposed law defines "minimal risk condition" as a reasonably safe position or condition to
which an automated driving system brings an autonomous commercial motor vehicle, which
includes bringing the vehicle to a complete stop and activating the vehicle's hazard lamps.
Proposed law defines "operational design domain" as a description of the specific operating
domain in which an autonomous commercial motor vehicle is designed to properly operate,
including but not limited to roadway types, speed, environmental conditions, and other
domain constraints.
Proposed law defines "remote human driver" as a natural person who is not seated in a
position to manually exercise in-vehicle braking, accelerating, steering, and transmission
gear selection input devices, but is able to perform the entire dynamic driving task for the
vehicle.
Proposed law defines "teleoperation system" as hardware and software installed in a motor
vehicle that allow a remote human driver to operate a commercial vehicle.
Proposed law provides that autonomous commercial motor vehicles, including any
commercial use or operations, and automated driving systems are governed exclusively by
proposed law.
Proposed law specifies that the Dept. of Public Safety and Corrections, office of motor
vehicles, is the sole and exclusive agency with jurisdiction over autonomous commercial
motor vehicles and automated driving systems and requires that the department implement
the provisions of proposed law in conjunction with the Dept. of Transportation and
Development.
Proposed law requires that a manufacturer operating an autonomous commercial motor
vehicle in this state be in compliance with all applicable federal laws and regulations of the
U.S. Dept. of Transportation, including the National Hwy. Traffic Safety Administration and
the Federal Motor Carrier Safety Administration, that govern the operation of autonomous
commercial motor vehicles.
Proposed law requires autonomous commercial motor vehicles to operate in compliance with
the applicable traffic and motor vehicle laws and regulations of this state unless otherwise
provided by proposed law, the Dept. of Public Safety and Corrections, office of motor
vehicles, or the Dept. of Transportation and Development.
Proposed law requires the Dept. of Public Safety and Corrections, office of motor vehicles,
in conjunction with the Dept. of Transportation and Development, as soon as practicable, to
establish procedures for the submission of applications to operate autonomous commercial
motor vehicles in this state without a conventional human driver physically present in the
cab and requires the department to establish application approval requirements for
manufacturers.
Proposed law requires that manufacturers demonstrate, at a minimum, that the vehicle meet
the following requirements: (1) is capable of operating in compliance with applicable traffic
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HB NO. 455
and motor vehicle laws and regulations of this state; (2) is properly registered and titled in
accordance with present law; (3) is in compliance with applicable federal law; (4) is capable
of achieving a minimal risk condition if a failure of an automated driving system occurs that
renders the system unable to perform the entire dynamic driving task relevant to its intended
operational design domain; and (5) is covered by compulsory motor vehicle liability security
or self-insurance in accordance with present law that satisfies the requirements of federal law
and present law.
Proposed law requires that an owner of an autonomous commercial motor vehicle or
automated driving system be considered the operator of the vehicle for the purpose of
assessing compliance with applicable traffic or motor vehicle laws and regulations of the
state, regardless of whether a person is physically present in the autonomous commercial
motor vehicle while it is operating.
Proposed law clarifies that an automated driving system is considered licensed to operate an
autonomous commercial motor vehicle.
Proposed law specifies that if an accident occurs involving an autonomous commercial
motor vehicle, while the automated driving system is engaged, the autonomous commercial
motor vehicle must remain at the scene of the accident, as required by present law, and the
owner or operator of the autonomous commercial motor vehicle must comply with the
provisions of present law relative to contacting the appropriate law enforcement agency and
furnishing all relevant information.
(Adds R.S. 32:400.1-400.5)
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