RÉSUMÉ DIGEST
ACT 232 (HB 455) 2019 Regular Session Terry Landry
New 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.
New 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.
New law defines "commerce" as transportation for the purpose of compensation,
remuneration, employment, trade, or payment of any thing of value.
New 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.
New 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.
New 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.
New 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.
New 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.
New law defines "remote driver" as a natural person who is not seated in a commercial motor
vehicle, but is able to perform the entire dynamic driving task.
New law defines "teleoperation system" as hardware and software installed on a motor
vehicle that allow a remote driver to operate the vehicle.
New law provides that autonomous commercial motor vehicles, including any commercial
use or operations, and automated driving systems are governed exclusively by new law.
New law specifies that the Dept. of Transportation and Development is the sole and
exclusive agency with jurisdiction over autonomous commercial motor vehicles and
automated driving systems.
New law clarifies that the provisions of new law must not be construed to limit the
applicability of state dealer franchise laws pursuant to existing law.
New 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 existing 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.
New 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.
New law requires a person or entity to submit a written statement to the Dept. of
Transportation and Development certifying that the vehicle meets the requirements of new
law prior to commencing the operation of an autonomous commercial motor vehicle without
a conventional driver present in the cab.
New 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 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.
New 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.
New 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 new law relative to contacting the appropriate law enforcement agency and furnishing all
relevant information.
New law specifies that when a remote driver is operating a commercial motor vehicle
equipped with a teleoperation system, 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.
New law requires that the remote driver hold the proper class of license required for a
conventional driver to operate the vehicle.
New law requires that an autonomous commercial motor vehicle remain at the scene of an
accident and comply with the provisions of existing 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.
New 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.
New law requires 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 new law prior to commencing the operation of a commercial
motor vehicle equipped with a teleoperation system without a conventional driver present
in the cab.
New law specifies that the provisions of new law must not be construed to repeal, modify,
or preempt any liability that may be incurred pursuant to existing 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 new
law.
New 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.
Effective Aug. 1, 2019.
(Adds R.S. 32:400.1-400.8)