EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0439*
HOUSE BILL 439
R7 5lr0858
CF 5lr2705
By: Delegate Stewart
Introduced and read first time: January 16, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Vehicle Laws – Fully Autonomous Vehicles – Human Safety Operators and 2
Reporting Requirements 3
FOR the purpose of requiring a human safety operator to be present in certain fully 4
autonomous vehicles operating on highways in the State; requiring a manufacturer 5
of a fully autonomous vehicle to submit to the Motor Vehicle Administration an 6
incident report on any vehicle collision, certain citations for traffic violations, any 7
disengagement event, or any assault or harassment of a passenger or human safety 8
operator that occurs in the State and involves a fully autonomous vehicle under 9
certain circumstances; requiring a manufacturer of certain fully autonomous 10
vehicles to submit to the Administration reports on certain collisions involving the 11
fully autonomous vehicles and an annual report on certain disengagements of certain 12
fully autonomous vehicles occurring in the State; requiring the Administration to 13
submit findings and recommendations to the General Assembly regar ding the 14
operation of certain fully autonomous vehicles in the State; and generally relating to 15
fully autonomous vehicles. 16
BY adding to 17
Article – Transportation 18
Section 18.3–101 through 18.3–106 to be under the new title “Title 18.3. Autonomous 19
Vehicles” 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Transportation 25
TITLE 18.3. AUTONOMOUS VEHICLES. 26 2 HOUSE BILL 439
18.3–101. 1
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 2
INDICATED. 3
(B) “AUTOMATED DRIVING SYS TEM” MEANS THE HARDWARE A ND 4
SOFTWARE THAT ARE CO LLECTIVELY CAPABLE O F PERFORMING THE ENT IRE 5
DYNAMIC DRIVING TASK ON A CO NTINUOUS BASIS , REGARDLESS OF OPERAT IONAL 6
DESIGN DOMAIN LIMITA TIONS. 7
(C) “DISENGAGEMENT ” MEANS DEACTIVATION OF THE AUTONOMOUS MODE 8
OR AUTONOMOUS TECHNO LOGY OF A FULLY AUTO NOMOUS VEHICLE WHEN : 9
(1) A FAILURE OF THE AUTON OMOUS TECHNOL OGY IS DETECTED ; 10
(2) THE SAFE OPERATION OF TH E FULLY AUTONOMOUS V EHICLE 11
REQUIRES THAT THE HU MAN SAFETY OPERATOR DISENGAGE THE AUTONO MOUS 12
MODE AND TAKE IMMEDI ATE CONTROL OF THE V EHICLE; OR 13
(3) FOR A DRIVERLESS FULL Y AUTONOMOUS VEHICLE , THE SAFETY 14
OF THE VEHICLE , THE OCCUPANTS OF THE VEHICLE, OR THE PUBLIC REQUIR ES 15
THAT THE AUTONOMOUS TECHNOLOGY BE DEACTI VATED. 16
(D) “DYNAMIC DRIVING TASK ” MEANS ALL OF THE REA L–TIME 17
OPERATIONAL AND TACT ICAL FUNCTIONS REQUIRED T O OPERATE A VEHICLE . 18
(E) “FULLY AUTONOMOUS VEHI CLE” MEANS A MOTOR VEHICL E EQUIPPED 19
WITH AN AUTOMATED DR IVING SYSTEM THAT HA S THE CAPABILITY TO PERFORM 20
ALL ASPECTS OF THE D YNAMIC DRIVING TASK WITHOUT A DRIVER WIT HIN AN 21
OPERATIONAL DESI GN DOMAIN. 22
(F) “HUMAN SAFETY OPERATOR ” MEANS AN INDIVIDUAL: 23
(1) OPERATING A FULLY AUT ONOMOUS VEHICLE WHO IS TRAINED IN 24
OPERATING AND SHUTTI NG OFF THE VEHICLE ; AND 25
(2) WHO MEETS ALL FEDERAL AND STATE REQUIREMENTS FO R THE 26
TYPE OF VEHICLE BEIN G OPERATED. 27
(G) “OPERATIONAL DESIGN DO MAIN” MEANS A DESCRIPTION OF THE 28
OPERATING DOMAINS AN D SYSTEMS UNDER WHIC H AN AUTOMATED DRIVI NG 29
SYSTEM IS DESIGNED T O EFFECTIVELY OPERAT E, INCLUDING: 30 HOUSE BILL 439 3
(1) GEOGRAPHIC LIMITATION S; 1
(2) ROADWAY TYPES ; 2
(3) SPEED RANGE; AND 3
(4) ENVIRONMENTAL CONDITI ONS. 4
18.3–102. 5
(A) BEGINNING DECEMBER 1, 2025, A MANUFACTURER OF A FULLY 6
AUTONOMOUS VEHICLE S HALL SUBMIT AN INCIDENT REPORT TO THE 7
ADMINISTRATION ON ANY VEHICLE COLLI SION, TRAFFIC CITATION FOR A 8
VIOLATION THAT HAS NOT BEEN AD JUDICATED NOT GUILTY OR NOT LIABLE , 9
DISENGAGEMENT , OR ASSAULT OR HARASS MENT OF A PASSENGER OR HUMAN 10
SAFETY OPERATOR THAT INVOLVE D THE VEHICLE WHEN OPERATING IN FU LLY 11
AUTONOMOUS MODE IN THE STATE. 12
(B) AN INCIDENT REPORT SU BMITTED UNDE R SUBSECTION (A) OF THIS 13
SECTION RELATED TO A VEHICLE COLLISION SHALL INCLUDE : 14
(1) A DETAILED NARRATIVE O F THE COLLISION , INCLUDING ANY 15
RELEVANT PRE –COLLISION AND POST COLLISION INFORMATIO N; 16
(2) THE CAUSE OF THE COLL ISION; 17
(3) ANY PASSENGER INTERAC TIONS; 18
(4) THE ROAD AND TRAFFIC CONDITIONS AT THE TI ME OF THE 19
COLLISION; 20
(5) ANY INTERACTIONS WITH ROAD USERS OR OBSTAC LES ON THE 21
ROAD; 22
(6) VEHICLE PERFORMANCE D ATA; 23
(7) INJURY AND PR OPERTY DAMAGE DETAIL S; 24
(8) THE STATUS OF THE AUTONOMOUS VEHICLE’S TECHNOLOGY AT 25
THE TIME OF THE COLL ISION; AND 26
4 HOUSE BILL 439
(9) ANY ADDITIONAL INFORMATI ON REPORTED TO THE NATIONAL 1
HIGHWAY TRAFFIC SAFETY ADMINISTRATION . 2
(C) AN INCIDENT REPORT SU BMITTED UNDER SUBSEC TION (A) OF THIS 3
SECTION RELATED TO A TRAFFIC CITATION FOR A VIOLATION THAT HAS NOT BEEN 4
ADJUDICATED NOT GUIL TY OR NOT LIABLE SHALL INCLUDE : 5
(1) THE SPECIFIC TRAFFIC LAW THAT WAS VIOLATE D, INCLUDING 6
ANY OFFICIAL RECORD OF AN ISSUED TRAFFIC CITATION; 7
(2) THE CIRCUMSTANCES THA T LED TO THE CITATION; 8
(3) ANY ACTIONS TAKEN BY THE AUTONOMOUS VEHIC LE OR OTHER 9
INVOLVED PARTIES IN RESPONSE TO THE CIRCUMSTANCES THAT L ED TO THE 10
CITATION; AND 11
(4) ANY JUSTIFICATION OFF ERED FOR THE VIOLATION THAT LED TO 12
THE CITATION. 13
(D) (1) AN INCIDENT REPORT SUBMITTED UND ER SUBSECTION (A) OF 14
THIS SECTION RELATED TO A DISENGAGEMENT SHALL INCLUDE : 15
(I) THE LOCATION AT WHICH THE DISENGA GEMENT 16
OCCURRED; 17
(II) WHETHER THE VEHICLE W AS IN OPERATION WITH A DRI VER 18
AT THE TIME OF THE DISENGAGEMENT ; 19
(III) A DESCRIPTION OF THE F ACTS AND CIRCUMSTANC ES OF 20
THE DISENGAGEMENT , INCLUDING WEATHER CO NDITIONS, ROAD SURFACE 21
CONDITIONS, TRAFFIC CONDITIONS , CONSTRUCTION , EMERGENCIES , OR 22
COLLISIONS; AND 23
(IV) THE INDIVIDUAL OR ENTITY THAT INITIATED THE 24
VEHICLE’S DISENGAGEMENT , INCLUDING THE VEHICL E’S AUTONOMOUS 25
TECHNOLOGY , A HUMAN SAFETY OPERATO R, A REMOTE OPERATOR , OR A 26
PASSENGER. 27
(2) AN INCIDENT REPORT SU BMITTED UNDER PARAGR APH (1) OF 28
THIS SUBSECTION SHAL L BE WRITTEN IN PLAI N LANGUAGE WITH ENOUGH DETA IL 29
THAT A NONTECHNICAL PERSON CAN UNDERSTAN D THE CIRCUMSTANCES THAT 30
CAUSED THE DISENGAGEMENT . 31
HOUSE BILL 439 5
(E) (1) AN INCIDENT REPORT SU BMITTED UNDER SUBSEC TION (A) OF 1
THIS SECTION RELATED TO ASSAULT OR HARASS MENT, INCLUDING SEXUAL 2
HARASSMENT , SHALL INCLUDE A DETA ILED DESCRIPTION OF THE INCIDENT , 3
INCLUDING THE NATURE OF THE ASSAULT OR HA RASSMENT, THE APPROXIMATE 4
AGES AND GENDER IDENTITIES OF THE PARTIES TO TH E INCIDENT, HOW THE 5
MANUFACTURER ADDRESS ED THE INCIDENT , AND ANY CHANGES TO P OLICY OR 6
PROTOCOL THAT THE MANUFACTURER INTENDS TO MAKE IN R ESPONSE TO THE 7
INCIDENT. 8
(2) AN INCIDENT REPORT SU BMITTED UNDER PARAGRAPH (1) OF 9
THIS SUBSECTION SHAL L BE MADE WITHOUT CO MPROMISING THE PRIVA CY AND 10
IDENTITY OF THE INDI VIDUALS INVOLVED . 11
(F) THE ADMINISTRATION SHALL: 12
(1) ADOPT REGULATIONS ESTABLISHING : 13
(I) A TIMELINE FOR THE SUB MISSION OF INCIDENT REPORTS 14
UNDER THIS SECTION T HAT IS CONSISTENT WITH REPORTING DEADLINES 15
ESTABLISHED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ; 16
AND 17
(II) FINES FOR THE FAILURE TO S UBMIT A REPORT AS 18
REQUIRED UNDER THIS SECTION AND THE SUBM ISSION OF A FALSE RE PORT, 19
INCLUDING INCREASED FINES FOR SUBSEQUENT VIOLA TIONS; 20
(2) CREATE AND PUBLISH AN AUTONOMOUS VEHICLE I NCIDENT 21
REPORT FORM FOR THE REPORTING OF INCIDENTS UNDER SUBS ECTIONS (B) 22
THROUGH (E) OF THIS SECTION; 23
(3) CREATE AND PUBLISH A FORM TO COLLECT DA TA FOR 24
AGGREGATE ANALYSIS O F AUTONOMOUS VEHICLE SAFETY; AND 25
(4) PUBLISH ANONYMIZED VE RSIONS OF ALL REPORT S SUBMITTED 26
UNDER SUBSECTIONS (B) THROUGH (E) OF THIS SECTION ON T HE DEPARTMENT ’S 27
WEBSITE WITHIN 30 DAYS OF RECEIPT. 28
18.3–103. 29
A FULLY AUTONOMOUS VEHICLE WITH A GROSS VEHICLE WEIGHT OF 10,001 30
POUNDS OR MORE MAY NOT BE OPERATED ON HIGHWAYS FOR TESTING OR 31
TRANSPORTING GOODS O R PASSENGERS UNLESS A HUMAN SAFETY OPERA TOR IS 32
FULLY PRESENT IN THE FULLY AUTONOMOUS VEHICLE AT THE TIME OF OPERATION . 33 6 HOUSE BILL 439
18.3–104. 1
A MANUFACTURER WHOSE F ULLY AUTONOMOUS VEHI CLE WITH A GROSS 2
VEHICLE WEIGHT OF 10,001 POUNDS OR MORE IS IN VOLVED IN A COLLISIO N 3
ORIGINATING FROM THE OPERATION OF THE FUL LY AUTONOMOUS VEHICL E ON A 4
HIGHWAY THAT RESULTED IN PROPERTY DAMAGE, BODILY INJURY , OR DEATH 5
SHALL REPORT THE COL LISION TO THE ADMINISTRATION WITHIN 10 DAYS AFTER 6
THE COLLISION ON A FORM SPECIFIED BY THE ADMINISTRATION . 7
18.3–105. 8
(A) BEGINNING ON DECEMBER 1, 2025, AND EACH DECEMBER 1 9
THEREAFTER , A MANUFACTURER OF A FULLY AUTONOMOUS VEH ICLE WITH A GROSS 10
VEHICLE WEIGHT OF 10,001 POUNDS OR MORE SHALL SUBMIT AN ANNUAL REPORT 11
TO THE ADMINISTRATION ON DISENGAGEMENT EVENTS OCCURRING TO THESE 12
VEHICLES WHEN IN FULLY AUTONO MOUS MODE IN THE STATE IN THE PRECEDIN G 13
YEAR. 14
(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 15
SHALL SUMMARIZE THE CIRCUMSTANCES OR CON DITIONS AT THE TIME OF THE 16
DISENGAGEMENT , INCLUDING: 17
(1) THE LOCATION OF T HE DISENGAGEMENT ; 18
(2) WHETHER THE VEHICLE W AS OPERATING WITH OR WITHOUT A 19
HUMAN SAFETY OPERATO R AT THE TIME OF THE D ISENGAGEMENT ; 20
(3) A DESCRIPTION OF THE CAUSE OF THE DISENGAGEMENT , 21
INCLUDING: 22
(I) WEATHER CONDITIONS ; 23
(II) ROAD SURFACE CONDITIO NS; 24
(III) TRAFFIC CONDITIONS; 25
(IV) EMERGENCY CONDITIONS ; AND 26
(V) WHETHER THERE WAS A C OLLISION; AND 27
(4) WHETHER THE DISENGAGE MENT WAS INITIATED B Y: 28
HOUSE BILL 439 7
(I) THE AUTONOMOUS TECHNO LOGY; 1
(II) THE HUMAN SAFETY OPER ATOR; 2
(III) A REMOTE OPERATOR ; OR 3
(IV) A PASSENGER. 4
18.3–106. 5
ON OR BEFORE DECEMBER 1, 2030, THE ADMINISTRATION SHALL REPORT TO 6
THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 7
GOVERNMENT ARTICLE, ON THE IMPACT OF AUTONOMOUS VEHICLES WITH A GROSS 8
VEHICLE WEIGHT OF 10,001 POUNDS OR MORE , INCLUDING: 9
(1) A SUMMARY OF DISENGAGE MENTS AND CRASHES ; 10
(2) IN CONSULTATION WITH THE STATE HIGHWAY ADMINISTRATION 11
AND THE DEPARTMENT OF STATE POLICE, INFORMATION ON TRAFF IC CONGESTION 12
IMPACTS, DRIVER AND PASSENGER SAFETY RISKS , AND IMPACTS ON OTHER 13
MOTORISTS, BICYCLISTS, AND PEDESTRIANS ; 14
(3) IN CONSULTATION WITH THE DIVISION OF LABOR AND INDUSTRY, 15
ANY JOB –RELATED IMPACTS , INCLUDING WORKER DIS PLACEMENT AND 16
SHORTCOMINGS IN RETRAINING OPPORTUNI TIES; 17
(4) IN CONSULTATION WITH THE STATE HIGHWAY ADMINISTRATION , 18
INFRASTRUCTURE IMPAC TS, DEFICIENCIES, AND NEEDS; 19
(5) AN OVERVIEW OF THE PE RFORMANCE OF THE TEC HNOLOGY, 20
PUBLIC SAFETY IMPACT S, AND OTHER RELEVANT F ACTORS IN CONSIDERING 21
DEPLOYMENT OF AUTONO MOUS DRIVING TECHNOL OGY; AND 22
(6) A RECOMMENDATION ON WH ETHER THE GENERAL ASSEMBLY 23
SHOULD REMOVE , MODIFY, OR MAINTAIN THE REQU IREMENT FOR AN AUTON OMOUS 24
VEHICLE WITH A GROSS VEHICLE WEIGHT OF 10,001 POUNDS OR MORE TO OP ERATE 25
WITH A HUMAN SAFETY OPERATO R PHYSICALLY PRESENT IN THE VEHICLE. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28