1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 2465 FILED ON: 1/17/2025 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2379 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | William J. Driscoll, Jr. |
---|
8 | 8 | | _________________ |
---|
9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
---|
10 | 10 | | Court assembled: |
---|
11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
---|
12 | 12 | | An Act relative to providing multimodal transportation technologies. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and Bristol 1 of 7 |
---|
16 | 16 | | SENATE DOCKET, NO. 2465 FILED ON: 1/17/2025 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2379 |
---|
18 | 18 | | By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 2379) of William J. Driscoll, Jr. for |
---|
19 | 19 | | legislation relative to fully autonomous vehicle and human drivers. Transportation. |
---|
20 | 20 | | The Commonwealth of Massachusetts |
---|
21 | 21 | | _______________ |
---|
22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
---|
23 | 23 | | (2025-2026) |
---|
24 | 24 | | _______________ |
---|
25 | 25 | | An Act relative to providing multimodal transportation technologies. |
---|
26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
27 | 27 | | of the same, as follows: |
---|
28 | 28 | | 1 SECTION 1. Chapter 90 of the General Laws is hereby amended by adding the following |
---|
29 | 29 | | 2new section: - |
---|
30 | 30 | | 3 19L. As used in the chapter, the following words shall have the following meanings |
---|
31 | 31 | | 4unless the context clearly requires otherwise: |
---|
32 | 32 | | 5 "Automated driving system" means hardware and software that are collectively capable |
---|
33 | 33 | | 6of performing the entire dynamic driving task on a sustained basis, regardless of whether it is |
---|
34 | 34 | | 7limited to a specific operational design domain. |
---|
35 | 35 | | 8 “Department” The Massachusetts Department of Transportation established under the |
---|
36 | 36 | | 9provisions of Chapter 6C of the General laws. |
---|
37 | 37 | | 10 "Dynamic driving task" or "DDT" means all of the real-time operational and tactical |
---|
38 | 38 | | 11functions required to operate a vehicle in on-road traffic, including i. Lateral vehicle motion |
---|
39 | 39 | | 12control via steering; ii. Longitudinal motion control via acceleration and deceleration; iii. 2 of 7 |
---|
40 | 40 | | 13Monitoring the driving environment via object and event detection, recognition, classification, |
---|
41 | 41 | | 14and response preparation; iv. Object and event response execution; v. Maneuver planning; and |
---|
42 | 42 | | 15vi. Enhancing conspicuity via lighting, signaling, and gesturing. This definition shall not include |
---|
43 | 43 | | 16the strategic functions of trip scheduling and, or the selection of destinations and waypoints. |
---|
44 | 44 | | 17 "DDT fallback" means the response by the person or human driver to either perform the |
---|
45 | 45 | | 18DDT or achieve a minimal risk condition after occurrence of a DDT performance relevant |
---|
46 | 46 | | 19system failure, or upon operational design domain exit; or the response by an automated driving |
---|
47 | 47 | | 20system to achieve minimal risk condition, given the same circumstances |
---|
48 | 48 | | 21 "Fully autonomous vehicle" means a motor vehicle equipped with an automated driving |
---|
49 | 49 | | 22system designed to function without a human driver as a level 4 or 5 system under SAE J3016B |
---|
50 | 50 | | 23standards; |
---|
51 | 51 | | 24 "Human driver" means a natural person in the vehicle with a valid driver's license who |
---|
52 | 52 | | 25controls all or part of the dynamic driving task. |
---|
53 | 53 | | 26 "Minimal risk condition" means a condition to which a person, a human driver, or an |
---|
54 | 54 | | 27automated driving system may bring a vehicle after performing the DDT fallback in order to |
---|
55 | 55 | | 28reduce the risk of a crash when a given trip cannot or should not be completed. |
---|
56 | 56 | | 29 “On-Demand Autonomous Vehicle Network” means a transportation service network |
---|
57 | 57 | | 30that uses a software application or other digital means to dispatch or otherwise enable the pre- |
---|
58 | 58 | | 31arrangement of transportation with fully autonomous vehicles for purposes of transporting |
---|
59 | 59 | | 32passenger goods, including for-hire transportation of passengers or goods for compensation. 3 of 7 |
---|
60 | 60 | | 33 "Operational Design Domain" means the operating conditions under which a given |
---|
61 | 61 | | 34automated driving system is specifically designed to function, including but not limited to (i) |
---|
62 | 62 | | 35environmental, geographical, and time-of-day restrictions and (ii) the requisite presence or |
---|
63 | 63 | | 36absence of certain traffic and roadway characteristics. |
---|
64 | 64 | | 37 “Person” means a natural person, corporation, business trust, estate, trust, partnership, |
---|
65 | 65 | | 38limited liability company, association, joint venture, governmental agency, public corporation or |
---|
66 | 66 | | 39any other legal or commercial entity. |
---|
67 | 67 | | 40 "Request to intervene" means a notification by an automated driving system to a human |
---|
68 | 68 | | 41driver that the human driver should promptly begin or resume performance of part of or all of the |
---|
69 | 69 | | 42dynamic driving task. |
---|
70 | 70 | | 43 "SAE J3016" means the "Taxonomy and Definitions for Terms Related to Driving |
---|
71 | 71 | | 44Automation Systems for On-Road Motor Vehicles" published by SAE International on June 15, |
---|
72 | 72 | | 452018, as revised. |
---|
73 | 73 | | 46 SECTION 2. A person may operate on the highways in the commonwealth a fully |
---|
74 | 74 | | 47autonomous vehicle or a motor vehicle equipped with an automated driving system capable of |
---|
75 | 75 | | 48performing the entire dynamic driving task with the automated driving system engaged without a |
---|
76 | 76 | | 49human driver if the vehicle meets the following conditions: i. the vehicle meets the requirements |
---|
77 | 77 | | 50of this chapter and has been issued an autonomous operation license by the Department; ii. if a |
---|
78 | 78 | | 51failure of the automated driving system occurs that renders that system unable to perform the |
---|
79 | 79 | | 52entire dynamic driving task relevant to its intended operational design domain, the vehicle will |
---|
80 | 80 | | 53achieve a minimal risk condition and, if there is a human driver physically present in the vehicle, |
---|
81 | 81 | | 54issue a request to intervene with the expectation that the human driver will respond appropriately 4 of 7 |
---|
82 | 82 | | 55to such request; iii. the vehicle is capable of operating in compliance with the applicable traffic |
---|
83 | 83 | | 56and motor vehicle safety laws and regulations of the Commonwealth when it is reasonable to do |
---|
84 | 84 | | 57so unless an exemption has been granted by the Department; iv. when required by federal law, |
---|
85 | 85 | | 58the vehicle bears the required manufacturer's certification label indicating that at the time of its |
---|
86 | 86 | | 59manufacture it has been certified to be in compliance with all applicable federal motor vehicle |
---|
87 | 87 | | 60safety standards, including any exemptions granted by the National Highway Traffic Safety |
---|
88 | 88 | | 61Administration. |
---|
89 | 89 | | 62 A fully autonomous vehicle for which the declared gross weight of the vehicle and any |
---|
90 | 90 | | 63towed unit is 10,000 pounds or heavier shall have a human driver, with the appropriate |
---|
91 | 91 | | 64credentials to operate the vehicle, physically present in the vehicle to monitor the performance of |
---|
92 | 92 | | 65the vehicle and intervene if necessary. Prior to operating a fully autonomous vehicle in the |
---|
93 | 93 | | 66Commonwealth without a human driver, a person shall submit a law-enforcement interaction |
---|
94 | 94 | | 67plan to the Department of Transportation, Department of Public Safety and the police department |
---|
95 | 95 | | 68of the city, town or jurisdiction where a vehicle will be operating that describes (i) how to |
---|
96 | 96 | | 69communicate with a fleet support specialist who is available during the times the vehicle is in |
---|
97 | 97 | | 70operation, (ii) how to safely remove the fully autonomous vehicle from the highway and steps to |
---|
98 | 98 | | 71safely tow the vehicle, (iii) how to recognize whether the automated driving system is engaged |
---|
99 | 99 | | 72on the fully autonomous vehicle, and (iv) any additional information the manufacturer or owner |
---|
100 | 100 | | 73deems necessary regarding hazardous conditions or public safety risks associated with the |
---|
101 | 101 | | 74operation of the fully autonomous vehicle. In the event of a crash the fully autonomous vehicle |
---|
102 | 102 | | 75shall remain on the scene in accordance with state law. The owner of the fully autonomous |
---|
103 | 103 | | 76vehicle, or a person on behalf of the vehicle owner, shall report any crashes or collisions in |
---|
104 | 104 | | 77accordance with state law. 5 of 7 |
---|
105 | 105 | | 78 SECTION 3. The Department shall develop and issue autonomous operation licenses for |
---|
106 | 106 | | 79fully autonomous vehicles and automated driving systems operated in the Commonwealth. The |
---|
107 | 107 | | 80Department shall only issue such autonomous operation licenses to fully autonomous vehicles |
---|
108 | 108 | | 81and automated driving systems that meet the requirements of this chapter. A fully autonomous |
---|
109 | 109 | | 82vehicle shall be properly titled and registered in accordance with the requirements of this |
---|
110 | 110 | | 83chapter. If a fully autonomous vehicle is registered in the Commonwealth, the vehicle shall be |
---|
111 | 111 | | 84identified on the registration as a fully autonomous vehicle. The requirements under this act |
---|
112 | 112 | | 85relating to exhibiting a driver's license and registration card are satisfied if the autonomous |
---|
113 | 113 | | 86operation license and vehicle registration card are in the fully autonomous vehicle and available |
---|
114 | 114 | | 87for inspection by a law-enforcement officer. When an automated driving system installed on a |
---|
115 | 115 | | 88motor vehicle is engaged, the automated driving system is considered the driver or operator for |
---|
116 | 116 | | 89the purpose of assessing compliance with applicable traffic or motor vehicle laws and shall be |
---|
117 | 117 | | 90required to satisfy all physical acts required by a driver or operator of the vehicle. |
---|
118 | 118 | | 91 SECTION 4. Before operating a fully autonomous vehicle on public roads in the |
---|
119 | 119 | | 92commonwealth without a human driver, a person shall submit proof of financial responsibility to |
---|
120 | 120 | | 93the Department that the fully autonomous vehicle is covered by insurance or proof of self- |
---|
121 | 121 | | 94insurance in accordance with the provisions of Chapter 175 of the Massachusetts General Laws. |
---|
122 | 122 | | 95Such coverage shall be primary, however, and the minimum amount of liability coverage for |
---|
123 | 123 | | 96death, bodily injury, and property damage shall be $1 million. |
---|
124 | 124 | | 97 SECTION 5. Nothing in this chapter shall be construed to (i) prohibit a human driver |
---|
125 | 125 | | 98from operating a fully autonomous vehicle to control all or part of the DDT, (ii) prohibit a fully |
---|
126 | 126 | | 99autonomous vehicle from operating without a human driver except as provided in this Act, (iii) 6 of 7 |
---|
127 | 127 | | 100prohibit a human driver from operating a vehicle with an automated driving system that is not a |
---|
128 | 128 | | 101fully autonomous vehicle with such system engaged or disengaged, or (iv) apply to toy vehicles. |
---|
129 | 129 | | 102 SECTION 6. An on-demand autonomous vehicle network shall be permitted to operate in |
---|
130 | 130 | | 103the Commonwealth in accordance with the provisions of this Act under the jurisdiction of the |
---|
131 | 131 | | 104Department. |
---|
132 | 132 | | 105 SECTION 7. A fully autonomous vehicle shall be properly registered in accordance with |
---|
133 | 133 | | 106the provisions of this Chapter. If a fully autonomous vehicle is registered in the Commonwealth, |
---|
134 | 134 | | 107the vehicle shall be identified on the title as a fully autonomous vehicle. A fully autonomous |
---|
135 | 135 | | 108vehicle shall be properly titled in accordance with the provisions of this Chapter. If a fully |
---|
136 | 136 | | 109autonomous vehicle is registered in the Commonwealth, the vehicle shall be identified on the |
---|
137 | 137 | | 110title as a fully autonomous vehicle. |
---|
138 | 138 | | 111 SECTION 8. A person may operate a motor vehicle equipped with an automated driving |
---|
139 | 139 | | 112system capable of performing the entire dynamic driving task if (i) such automated driving |
---|
140 | 140 | | 113system will issue a request to intervene whenever the automated driving system is not capable of |
---|
141 | 141 | | 114performing the entire dynamic driving task with the expectation that the person will respond |
---|
142 | 142 | | 115appropriately to such a request; and (ii) the automated driving system is capable of being |
---|
143 | 143 | | 116operated in compliance with the provisions of this chapter. |
---|
144 | 144 | | 117 Nothing in this Act shall prohibit or restrict a human driver from operating a fully |
---|
145 | 145 | | 118autonomous vehicle equipped with controls that allow the human driver to control all or part of |
---|
146 | 146 | | 119the dynamic driving task. |
---|
147 | 147 | | 120 SECTION 9. A fully autonomous vehicle that is also a commercial motor vehicle |
---|
148 | 148 | | 121pursuant to the provisions of this chapter governing the operation of commercial motor vehicles, 7 of 7 |
---|
149 | 149 | | 122except that any provision that by its nature reasonably applies only to a human driver does not |
---|
150 | 150 | | 123apply to such a vehicle operating with the automated driving system engaged. |
---|
151 | 151 | | 124 SECTION 10. A fully autonomous vehicle that is designed to be operated exclusively by |
---|
152 | 152 | | 125the automated driving system for all trips is not subject to motor vehicle equipment laws or |
---|
153 | 153 | | 126regulations of this state that: (1) relate to or support motor vehicle operation by a human driver |
---|
154 | 154 | | 127seated in the vehicle; and (2) are not relevant for an automated driving system. |
---|
155 | 155 | | 128 SECTION 11. Unless otherwise provided in this chapter and notwithstanding any other |
---|
156 | 156 | | 129provision of law, fully autonomous vehicles and automated driving systems are governed |
---|
157 | 157 | | 130exclusively by the provisions of this Act. No state agency, political subdivision, municipality, or |
---|
158 | 158 | | 131local entity may prohibit the operation of fully autonomous vehicles, automated driving systems, |
---|
159 | 159 | | 132or on-demand autonomous vehicle networks, or otherwise enact or keep in force rules or |
---|
160 | 160 | | 133ordinances that would impose taxes, fees, or other requirements (including performance |
---|
161 | 161 | | 134standards), specific to the operation of fully autonomous vehicles, automated driving systems, or |
---|
162 | 162 | | 135on-demand autonomous vehicle networks in addition to the requirements of this Act. |
---|