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.
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 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 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.
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 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.