HLS 19RS-861 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 455
BY REPRESENTATIVES TERRY LANDRY, ADAMS, BAGNERIS, BILLIOT,
CARMODY, CARPENTER, GARY CARTER, CREWS, DUPLESSIS, GLOVER,
HORTON, JACKSON, JEFFERSON, JORDAN, LARVADAIN, MARINO,
MOORE, NORTON, PIERRE, THOMAS, WHITE, AND WRIGHT
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 400.8, 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 operators; to establish the reporting requirements following an
8 accident; to provide relative to remote drivers and teleoperations systems; to provide
9 relative to liability and jurisdiction; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Part IX of Chapter 1 of Title 32 of the Louisiana Revised Statutes of 1950,
12to be comprised of R.S. 32:400.1 through 400.8, is hereby enacted to read as follows:
13 PART IX. AUTONOMOUS COMMERCI AL MOTOR VEHICLES
14 §400.1. Definitions
15 When used in this Part, the following words and phrases have the meanings
16 ascribed to them, unless the context clearly indicates a different meaning:
17 (1) "Automated driving system" means the hardware and software that are
18 collectively capable of performing the entire dynamic driving task on a sustained
19 basis, regardless of whether it is limited to a specific operational design domain.
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1 (2) "Autonomous motor vehicle" means a commercial motor vehicle used
2 in commerce and equipped with an automated driving system, including those
3 designed to function without a driver.
4 (3) "Commerce" means transportation for the purpose of compensation,
5 remuneration, employment, trade, or payment of any thing of value.
6 (4) "Commercial motor vehicle" means a motor vehicle or combination of
7 motor vehicles used in commerce to transport passengers or property if the motor
8 vehicle has a gross combination weight rating of twenty-six thousand one or more
9 pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten
10 thousand pounds.
11 (5) "Conventional human driver" means a driver who manually exercises in-
12 vehicle braking, accelerating, steering, and transmission gear selection input devices
13 in order to operate a vehicle.
14 (6) "Dynamic driving task" means all of the real-time operational and tactical
15 functions required to operate a vehicle in on-road traffic excluding strategic
16 functions such as trip scheduling and selection of destinations and waypoints.
17 (7) "Minimal risk condition" means a condition to which a user or an
18 automated driving system may bring a vehicle in order to reduce the risk of a crash
19 upon experiencing a failure of the vehicle's automated driving system that renders
20 the vehicle unable to perform the entire dynamic driving task.
21 (8) "Operational design domain" means a description of the specific
22 operating domain in which an autonomous commercial motor vehicle is designed to
23 properly operate, including but not limited to roadway types, speed, environmental
24 conditions, and other domain constraints.
25 (9) "Remote driver" means a natural person who is seated in an autonomous
26 commercial motor vehicle, but is able to perform the entire dynamic driving task.
27 (10) "Teleoperation system" means hardware and software installed on a
28 motor vehicle that allow a remote driver to operate the vehicle.
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1 §400.2. Controlling authority; compliance
2 A. Notwithstanding any provision of law to the contrary, autonomous
3 commercial motor vehicles, including any commercial use or operations, and
4 automated driving systems, shall be governed exclusively by this Part.
5 B. Notwithstanding any provision of law to the contrary, the Department of
6 Transportation and Development shall be the sole and exclusive agency with
7 jurisdiction over autonomous commercial motor vehicles and automated driving
8 systems and shall implement the provisions of this Part.
9 C. The provisions of this Section shall not be construed to limit the
10 applicability of state dealer franchise laws under the provisions of R.S. 32:1251
11 through 1269.
12 §400.3. Operation; criteria
13 A. Notwithstanding any other provision of law to the contrary, an
14 autonomous commercial motor vehicle may operate in this state without a
15 conventional driver physically present in the vehicle if the autonomous commercial
16 motor vehicle meets all of the following criteria:
17 (1) Is capable of operating in compliance with applicable federal law and the
18 traffic and motor vehicle laws of this state including but not limited to applicable
19 laws concerning the capability to safely navigate and negotiate railroad crossings.
20 (2) Is properly registered and titled in accordance with R.S. 32:701 et seq.,
21 and R.S. 47:463.
22 (3) Is certified in accordance with 49 CFR Part 567 as being in compliance
23 with federal motor vehicle safety standards and bears the required certification label
24 or labels, including reference to any exemption granted under applicable federal law.
25 (4) Is capable of achieving a minimal risk condition if a failure occurs
26 rendering the vehicle unable to perform the dynamic driving task relevant to its
27 intended operational design domain or if the vehicle exits its operational design
28 domain.
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1 (5) Is covered by motor vehicle liability coverage in an amount not less than
2 two million dollars.
3 B. The registration of an autonomous commercial motor vehicle shall not be
4 interpreted to abrogate or amend any statutory or regulatory provisions or any
5 aspects of law pertaining to liability for any harm or injury caused.
6 C. Prior to commencing the operation of an autonomous commercial motor
7 vehicle without a conventional driver present in the cab, a person or entity shall
8 submit a written statement to the Department of Transportation and Development
9 certifying that the vehicle meets the requirements of this Section.
10 §400.4. Owners and operators of an autonomous commercial motor vehicle
11 The automated driving system of an autonomous commercial motor vehicle
12 and the person or entity required to submit a statement to the Department of
13 Transportation and Development pursuant to the provisions of R.S. 32:400.3(C) shall
14 be subject to all applicable laws, rules, ordinances, and statutes of this state and will
15 be considered to be licensed to operate the vehicle. The person or entity operating
16 the autonomous commercial motor vehicle may be issued a traffic citation or other
17 applicable penalty if the vehicle fails to comply with any traffic or motor vehicle
18 laws of this state.
19 §400.5. Reporting an accident
20 If an accident occurs involving an autonomous commercial motor vehicle
21 while the automated driving system is engaged, the autonomous commercial motor
22 vehicle shall remain at the scene of the accident and the operator or any person on
23 behalf of the operator of the autonomous commercial motor vehicle shall comply
24 with the provisions of R.S. 32:398 relative to contacting the appropriate law
25 enforcement agency and furnishing all relevant information.
26 §400.6. Remote drivers; teleoperations; compliance
27 A. When a remote driver is operating a commercial motor vehicle, the
28 remote driver shall be considered to be the operator of the vehicle for the purpose of
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1 assessing compliance with applicable traffic or motor vehicle laws, including the
2 rules of the road.
3 B. The remote driver shall hold the proper class of license required for a
4 conventional driver to operate the vehicle.
5 C. If an accident occurs involving a commercial motor vehicle equipped with
6 a teleoperation system while the teleoperation system is engaged, the vehicle shall
7 remain at the scene of the accident and the owner or remote driver shall comply with
8 the provisions of R.S. 32:398 relative to contacting the appropriate law enforcement
9 agency and furnishing all relevant information.
10 §400.7. Teleoperations; operation; criteria
11 A. Notwithstanding any other provision of law to the contrary, a commercial
12 motor vehicle equipped with a teleoperation system may operate in this state without
13 a conventional driver physically present in the vehicle if a remote driver is operating
14 the vehicle and the commercial motor vehicle meets all of the following criteria:
15 (1) Is properly registered.
16 (2) Is in compliance with applicable federal law.
17 (3) Is certified in accordance with 49 CFR Part 567 as being in compliance
18 with federal motor vehicle safety standards and bears the required certification label
19 or labels, including reference to any exemption granted under applicable federal law.
20 (4) Is capable of being operated in compliance with the applicable traffic and
21 motor vehicle laws of this state, regardless of whether the vehicle is operated by a
22 remote driver including but not limited to applicable laws concerning the capability
23 to safely navigate and negotiate railroad crossings.
24 (5) Is covered by motor vehicle liability coverage in an amount not less than
25 two million dollars.
26 (6) Is capable of achieving a reasonably safe state, such as bringing the
27 vehicle to a stop, if a failure of the teleoperation system occurs that renders the
28 remote driver unable to perform the entire dynamic driving task for the vehicle.
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1 B. Prior to commencing the operation of a commercial motor vehicle without
2 a conventional driver present in the cab, an owner, a remote driver, or the remote
3 driver's employer shall submit a written statement to the Department of
4 Transportation and Development certifying that the vehicle meets the requirements
5 of this Section.
6 §400.8. Liability; jurisdiction
7 The provisions of this Part shall not be construed to repeal, modify, or
8 preempt any liability that may be incurred pursuant to existing law applicable to a
9 vehicle owner, operator, manufacturer, component part supplier, or retailer, including
10 any law that may apply to jurisdiction for any bodily injury or property damage
11 claims arising out of this Part. All choice of law conflicts, with respect to bodily
12 injury or property damage claims, shall be resolved in accordance with Louisiana
13 law.
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 Reengrossed 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 on a sustained basis,
regardless of whether it is limited to a specific operational design domain.
Proposed law defines "autonomous commercial motor vehicle" as a motor vehicle used in
commerce and equipped with an automated driving system, including those designed to
function without a driver.
Proposed law defines "commerce" as transportation for the purpose of compensation,
remuneration, employment, trade, or payment of any thing of value.
Proposed law defines "commercial motor vehicle" as a motor vehicle or combination of
motor vehicles used in commerce to transport passengers or property if the motor vehicle
has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000 pounds.
Proposed law defines "conventional human driver" as a driver who manually exercises
in-vehicle braking, accelerating, steering, and transmission gear selection input devices in
order to operate a vehicle.
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Proposed law defines "dynamic driving task" as all of the real-time operational and tactical
functions required to operate a vehicle in on-road traffic, excluding strategic functions such
as trip scheduling and selection of destinations and waypoints.
Proposed law defines "minimal risk condition" as a condition to which a user or an
automated driving system may bring a vehicle in order to reduce the risk of a crash upon
experiencing a failure of the vehicle's automated driving system that renders the vehicle
unable to perform the entire dynamic driving task.
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 driver" as a natural person who is seated in an autonomous
commercial motor vehicle, but is able to perform the entire dynamic driving task.
Proposed law defines "teleoperation system" as hardware and software installed on a motor
vehicle that allow a remote driver to operate the 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 Transportation and Development (DOTD) is the sole
and exclusive agency with jurisdiction over autonomous commercial motor vehicles and
automated driving systems.
Proposed law clarifies that the provisions of proposed law must not be construed to limit the
applicability of state dealer franchise laws pursuant to present law.
Proposed law authorizes autonomous commercial motor vehicles to operate in this state
without a conventional driver physically present in the vehicle if the autonomous
commercial motor vehicle meets all of the following criteria:
(1)Is capable of operating in compliance with applicable federal law and the traffic and
motor vehicle laws of this state including but not limited to applicable laws
concerning the capability to safely navigate and negotiate railroad crossings.
(2)Is properly registered and titled in accordance with present law.
(3)Is certified in accordance with federal law as being in compliance with federal motor
vehicle safety standards and bears the required certification label or labels, including
reference to any exemption granted under applicable federal law.
(4)Is capable of achieving a minimal risk condition if a failure occurs rendering the
vehicle unable to perform the dynamic driving task relevant to its intended
operational design domain or if the vehicle exits its operational design domain.
(5)Is covered by motor vehicle liability coverage in an amount not less than $2,000,000.
Proposed law prohibits the registration of an autonomous commercial motor vehicle from
being interpreted to abrogate or amend any statutory or regulatory provisions or any aspects
of law pertaining to liability for any harm or injury caused.
Proposed law requires a person or entity to submit a written statement to the DOTD
certifying that the vehicle meets the requirements of proposed law prior to commencing the
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HB NO. 455
operation of an autonomous commercial motor vehicle without a conventional driver present
in the cab.
Proposed law specifies that the automated driving system of an autonomous commercial
motor vehicle and a person or entity required to submit a statement to the DOTD are subject
to all applicable laws, rules, ordinances, and statutes of that state and will be considered a
licensed operator of the vehicle.
Proposed law specifies that the person or entity operating the autonomous commercial motor
vehicle may be issued a traffic citation or other applicable penalty for failure to comply with
any traffic or motor vehicle laws.
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 and the operator or any person on
behalf of the 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.
Proposed law specifies that when a remote driver is operating a commercial motor vehicle,
the remote driver will be considered the operator of the vehicle for the purpose of assessing
compliance with applicable traffic or motor vehicle laws, including the rules of the road.
Proposed law requires the remote driver to hold the proper class of license required for a
conventional driver to operate the vehicle.
Proposed law requires that an autonomous commercial motor vehicle remain at the scene of
an accident and comply with the provisions of present law relative to contacting the
appropriate law enforcement agency and furnishing all relevant information if an accident
occurs involving a commercial motor vehicle equipped with a teleoperation system while
the teleoperation system is engaged.
Proposed law authorizes a commercial motor vehicle equipped with a teleoperation system
to operate in this state without a conventional driver physically present in the vehicle if a
remote driver is operating the vehicle and the commercial motor vehicle meets all of the
following criteria:
(1)Is properly registered.
(2)Is in compliance with applicable federal law.
(3)Is certified in accordance with federal law as being in compliance with federal motor
vehicle safety standards and bears the required certification label or labels, including
reference to any exemption granted under applicable federal law.
(4)Is capable of being operated in compliance with the applicable traffic and motor
vehicle laws of this state, regardless of whether the vehicle is operated by a remote
driver including but not limited to applicable laws concerning the capability to safely
navigate and negotiate railroad crossings.
(5)Is covered by motor vehicle liability coverage in an amount not less than $2,000,000.
(6)Is capable of achieving a reasonably safe state, such as bringing the vehicle to a stop,
if a failure of the teleoperation system occurs that renders the remote driver unable
to perform the entire dynamic driving task for the vehicle.
Proposed law requires that an owner, remote driver, or the remote driver's employer submit
a written statement to the DOTD certifying that the vehicle meets the requirements of
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proposed law prior to commencing the operation of a commercial motor vehicle without a
conventional driver present in the cab.
Proposed law specifies that the provisions of proposed law must not be construed to repeal,
modify, or preempt any liability that may be incurred pursuant to present law applicable to
a vehicle owner, operator, manufacturer, component part supplier, or retailer, including any
law that may apply to jurisdiction for any bodily injury or property damage claims arising
out of proposed law.
Proposed law specifies that all choice of law conflicts, with respect to bodily injury or
property damage claims, must be resolved in accordance with La. law.
(Adds R.S. 32:400.1-400.8)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Name the Dept. of Transportation and Development as the sole and exclusive
agency with jurisdiction over autonomous commercial motor vehicles instead of
the Dept. of Public Safety and Corrections, office of motor vehicles.
2. Delete the provision that authorize the Dept. of Public Safety and Corrections,
office of motor vehicles, to promulgate rules and regulations establishing
procedures for the application process.
3. Delete the requirements relative to manufacturers of autonomous commercial
motor vehicles.
4. Require the operator of an autonomous commercial motor vehicle to submit
proof of insurance and a statement certifying compliance with certain federal and
state motor vehicle and traffic laws to the Dept. of Transportation and
Development prior to operating the autonomous commercial motor vehicle.
5. Clarify that state dealer franchise laws will apply to the provisions of proposed
law.
6. Clarify that the owner or operator or any person on behalf of the owner or
operator of an autonomous commercial motor vehicle is required to comply with
the provisions of present law relative to contacting the appropriate law
enforcement agency and furnishing all relevant information following an
accident or incident involving the autonomous commercial motor vehicle.
7. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Modify the definitions of "automated driving system", "autonomous commercial
motor vehicle", "conventional human driver", "dynamic driving task", "minimal
risk condition", "remote human driver", and "teleoperation system".
3. Add the definition of "commerce" and define it as transportation for the purpose
of compensation, remuneration, employment, trade, or payment of any thing of
value.
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4. Add the definition of "commercial motor vehicle" and define it as a motor
vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle has a gross combination weight rating
of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds.
5. Clarify that the provisions of proposed law must not be construed to limit the
applicability of state dealer franchise laws under present law.
6. Establish criteria for an autonomous commercial motor vehicle to operate in this
state without a conventional driver physically present in the vehicle.
7. Specify that the registration of an autonomous commercial motor vehicle cannot
be interpreted to abrogate or amend any statutory or regulatory provisions
relative to liability for any harm or injury caused.
8. Require that a person or entity submit a written statement to the Dept. of
Transportation and Development certifying that the vehicle meets the
requirements of proposed law prior to commencing the operation of an
autonomous commercial motor vehicle without a conventional driver present in
the cab.
9. Specify that the automated driving system of an autonomous commercial motor
vehicle and a person or entity required to submit a statement to the Dept. of
Transportation and Development are subject to all applicable laws, rules,
ordinances, and statutes of that state and will be considered a licensed operator
of the vehicle.
10.Specify that the person or entity operating the autonomous commercial motor
vehicle may be issued a traffic citation or other applicable penalty for failure to
comply with any traffic or motor vehicle laws.
11.Specify that when a remote driver is operating a commercial motor vehicle, the
remote driver will be considered to be the operator of the vehicle for the purpose
of assessing compliance with applicable traffic or motor vehicle laws, including
the rules of the road.
12.Require the remote driver to hold the proper class of license required for a
conventional driver to operate the vehicle.
13.Require that an autonomous commercial motor vehicle remain at the scene of an
accident and comply with the provisions of present law relative to contacting the
appropriate law enforcement agency and furnishing all relevant information if
an accident occurs involving a commercial motor vehicle equipped with a
teleoperation system while the teleoperation system is engaged.
14.Establish criteria for a commercial motor vehicle equipped with a teleoperation
system to operate in this state without a conventional driver physically present
in the vehicle if a remote driver is operating the vehicle.
15.Require that an owner, remote driver, or the remote driver's employer submit a
written statement to the Dept. of Transportation and Development certifying that
the vehicle meets the requirements of proposed law prior to commencing the
operation of a commercial motor vehicle without a conventional driver present
in the cab.
16.Specify that the provisions of proposed law must not be construed to repeal,
modify, or preempt any liability that may be incurred pursuant to present law
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applicable to a vehicle owner, operator, manufacturer, component part supplier,
or retailer, including any law that may apply to jurisdiction for any bodily injury
or property damage claims arising out of proposed law.
17.Specify that all choice of law conflicts, with respect to bodily injury or property
damage claims, must be resolved in accordance with La. law.
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