EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0405*
SENATE BILL 405
R7 5lr2705
CF HB 439
By: Senator Salling
Introduced and read first time: January 20, 2025
Assigned to: Judicial Proceedings
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 regarding 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 SENATE BILL 405
18.3–101. 1
(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANI NGS 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 CONTINUOUS BASI S, REGARDLESS OF OPERAT IONAL 6
DESIGN DOM AIN LIMITATIONS. 7
(C) “DISENGAGEMENT ” MEANS DEACTIVATION O F THE AUTONOMOUS MOD E 8
OR AUTONOMOUS TECHNO LOGY OF A FULLY AUTO NOMOUS VEHICLE WHEN : 9
(1) A FAILURE OF THE AUTON OMOUS TECHNOLOGY IS DETECTED; 10
(2) THE SAFE OPERATION OF THE FULLY AUTONOMOUS VEHICLE 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 TECHNO LOGY BE DEACTIVATED . 16
(D) “DYNAMIC DRIVING TASK ” MEANS ALL OF THE REA L–TIME 17
OPERATIONAL AND TACT ICAL FUNCTIONS REQUI RED TO OPERATE A VEH ICLE. 18
(E) “FULLY AUTONOMOUS VEHI CLE” MEANS A MOTOR VEHICL E EQUIPPED 19
WITH AN AUTOMATED DR IVING SYSTEM THAT HAS THE CAPABILITY TO PERFOR M 20
ALL ASPECTS OF THE D YNAMIC DRIVING TASK WITHOUT A DRIVER WIT HIN AN 21
OPERATIONAL DESIGN D OMAIN. 22
(F) “HUMAN SAFETY OPERATOR ” MEANS AN INDIVIDUAL : 23
(1) OPERATING A FULLY AUT ONOMOUS VEHICLE WHO IS TRAINED IN 24
OPERATING AND SHUTTING 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 TO EFFECTIVELY OPERATE , INCLUDING: 30 SENATE BILL 405 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 SHALL SUBMIT AN INCI DENT REPORT TO THE 7
ADMINISTRATION ON ANY VEHICLE COLLISION , TRAFFIC CITATION FOR A 8
VIOLATION THAT HAS N OT BEEN ADJUDICATED NOT GUILTY OR NOT LI ABLE, 9
DISENGAGEMENT , OR ASSAULT OR HARASS MENT OF A PASSENGER OR HUMAN 10
SAFETY OPERATOR THAT INVOLVED THE VEHICLE W HEN OPERATING IN FUL LY 11
AUTONOMOUS MODE IN T HE STATE. 12
(B) AN INCIDENT REPORT SU BMITTED UNDER SUBSEC TION (A) OF THIS 13
SECTION RELATED TO A VEHICLE COLLISION SH ALL INCLUDE: 14
(1) A DETAILED NARRATIVE O F THE COLLISION , INCLUDING ANY 15
RELEVANT PRE –COLLISION AND POST C OLLISION INFORMATION ; 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 PROPERTY D AMAGE DETAILS ; 24
(8) THE STATUS OF THE AUT ONOMOUS VEHICLE ’S TECHNOLOGY AT 25
THE TIME OF THE COLL ISION; AND 26
4 SENATE BILL 405
(9) ANY ADDITIONAL INFORM ATION 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 SHA LL 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 CITATIO N; 8
(3) ANY ACTIONS TAKEN BY THE AUTONOMOUS VEHIC LE OR OTHER 9
INVOLVED PARTIES IN RESPONSE TO THE CIRCUMSTANCES TH AT LED TO THE 10
CITATION; AND 11
(4) ANY JUSTIFICATION OFF ERED FOR THE VIOLATI ON THAT LED TO 12
THE CITATION. 13
(D) (1) AN INCIDENT REPORT SU BMITTED UNDER SUBSEC TION (A) OF 14
THIS SECTION RELATED TO A DISENGAGEMENT S HALL INCLUDE : 15
(I) THE LOCATION AT WHICH TH E DISENGAGEMENT 16
OCCURRED; 17
(II) WHETHER THE VEHICLE W AS IN OPERATION WITH A DRIVER 18
AT THE TIME OF THE D ISENGAGEMENT ; 19
(III) A DESCRIPTION OF THE F ACTS AND CIRCUMSTANC ES OF 20
THE DISENGAGEMENT , INCLUDING WEATHER CO NDITIONS, ROAD SUR FACE 21
CONDITIONS, TRAFFIC CONDITIONS , CONSTRUCTION , EMERGENCIES , OR 22
COLLISIONS; AND 23
(IV) THE INDIVIDUAL OR ENT ITY THAT INITIATED T HE 24
VEHICLE’S DISENGAGEMENT , INCLUDING THE VEHICL E’S AUTONOMOUS 25
TECHNOLOGY , A HUMAN SAFETY OPERA TOR, 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 ENOU GH DETAIL 29
THAT A NONTECHNICAL PERSON CAN UNDERSTAN D THE CIRCUMSTANCES THAT 30
CAUSED THE DISENGAGE MENT. 31
SENATE BILL 405 5
(E) (1) AN INCIDENT REPORT SUBMITTED UND ER SUBSECTION (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 ID ENTITIES OF THE PART IES TO THE INCIDENT , HOW THE 5
MANUFACTURER ADDRESS ED THE INCIDENT , AND ANY CHANGES TO P OLICY OR 6
PROTOCOL THAT THE MA NUFACTURER INTENDS T O MAKE IN RESPONSE T O THE 7
INCIDENT. 8
(2) AN INCIDENT REPORT SU BMITTED UNDER PARAGR APH (1) OF 9
THIS SUBSECTION SHALL BE MADE WITHOUT COMPROM ISING THE PRIVACY AN D 10
IDENTITY OF THE INDI VIDUALS INVOLVED . 11
(F) THE ADMINISTRATION SHALL : 12
(1) ADOPT REGULATIONS EST ABLISHING: 13
(I) A TIMELINE FOR THE SUB MISSION OF INCIDENT REPORTS 14
UNDER THIS SECTION T HAT IS CONSISTENT WITH REPO RTING DEADLINES 15
ESTABLISHED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ; 16
AND 17
(II) FINES FOR THE FAILURE TO SUBMIT A REPORT A S 18
REQUIRED UNDER THIS SECTION AND THE SUBM ISSION OF A FALSE RE PORT, 19
INCLUDING INCREASED FINES FOR SUBSEQUENT VIOLATION S; 20
(2) CREATE AND PUBLISH AN AUTONOMOUS VEHICLE I NCIDENT 21
REPORT FORM FOR THE REPORTING OF INCIDEN TS UNDER SUBSECTIONS (B) 22
THROUGH (E) OF THIS SECTION; 23
(3) CREATE AND PUBLISH A FORM TO COLLECT DATA FOR 24
AGGREGATE ANALYSIS O F AUTONOMOUS VEHICLE S AFETY; 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 VEH ICLE WITH A GROSS VE HICLE WEIGHT OF 10,001 30
POUNDS OR MORE MAY N OT BE OPERATED ON HI GHWAYS FOR TESTING O R 31
TRANSPORTING GOODS O R PASSENGERS UNLESS A HUMAN SAFETY OPERA TOR IS 32
FULLY PRESENT IN THE FULLY AUTONOMOUS VEH ICLE AT THE TIME OF OPERATION. 33 6 SENATE BILL 405
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 RESULTE D IN PROPERTY DAMAGE , BODILY INJURY , OR DEATH 5
SHALL REPORT THE C OLLISION TO THE ADMINISTRATION WITHIN 10 DAYS AFTER 6
THE COLLISION ON A F ORM 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 REP ORT 11
TO THE ADMINISTRATION ON DIS ENGAGEMENT EVENTS OC CURRING TO THESE 12
VEHICLES WHEN IN FUL LY AUTONOMOUS MODE I N 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 THE D ISENGAGEMENT ; 18
(2) WHETHER THE VEHICLE W AS OPERATING WITH OR WITHOUT A 19
HUMAN SAFETY OPERATO R AT THE TIME OF THE DISENGAGEMENT ; 20
(3) A DESCRIPTION OF THE C AUSE OF THE DISENGAG EMENT, 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
SENATE BILL 405 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 AUT ONOMOUS VEHICLES WIT H 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 RETR AINING OPPORTUNITIES ; 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 CONSIDERIN G 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 OPERATOR PHYSICALLY PRESENT IN THE VEHIC LE. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28