GREEN SHEET REDIGEST
HB 455 2019 Regular Session Terry Landry
MOTOR VEHICLES: Provides relative to autonomous commercial motor vehicles.
DIGEST
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:
Page 1 of 5
Prepared by Sharon F. Lyles. (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.
Page 2 of 5
Prepared by Sharon F. Lyles. (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)
Effective August 1, 2019.
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.
Page 3 of 5
Prepared by Sharon F. Lyles. 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.
Page 4 of 5
Prepared by Sharon F. Lyles. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Change term "Autonomous motor vehicle" to "Autonomous commercial motor
vehicle".
2. Adds "equipped with a teleoperation system" to provisions relative to remote
drivers of a commercial motor vehicle.
3. Make technical amendments.
Page 5 of 5
Prepared by Sharon F. Lyles.