S.B. 395 - *SB395* SENATE BILL NO. 395–SENATOR OHRENSCHALL MARCH 17, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to autonomous vehicles. (BDR 43-61) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to autonomous vehicles; revising requirements for a human operator to be present in an autonomous vehicle during operation; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Department of Motor Vehicles to adopt regulations 1 authorizing the operation of autonomous vehicles on highways within this State. 2 (NRS 482A.100) Under existing law, an “autonomous vehicle” is a motor vehicle 3 that is equipped with an automated driving system which is designed to function at 4 certain levels of driving automation, including, without limitation, fully 5 autonomous vehicles. (NRS 482A.030) Existing law generally prohibits the testing 6 or operation of an autonomous vehicle on a highway within this State unless a 7 human operator is present in the vehicle and is capable of taking over immediate 8 manual control of the vehicle under certain circumstances. (NRS 482A.070) 9 However, such a human operator is not required for the testing or operation of a 10 fully autonomous vehicle on a highway within this State if the vehicle is capable of 11 achieving a minimal risk condition upon a failure of its automated driving system. 12 (NRS 482A.070, 482A.080) Existing law authorizes the Department to impose an 13 administrative fine, not to exceed $2,500, for a violation of any provision of 14 existing law governing the testing or operation of autonomous vehicles on a 15 highway within this State. (NRS 482A.220) 16 Section 1 of this bill: (1) prohibits an autonomous vehicle with a gross vehicle 17 weight rating or combined gross vehicle weight rating in excess of 26,000 pounds 18 from being tested or operated on a highway within this State unless a human 19 operator who holds a commercial driver’s license and is trained in operating and 20 shutting off the vehicle is present in the vehicle and is capable of taking over 21 immediate manual control of the vehicle under certain circumstances; and (2) 22 similarly prohibits an autonomous vehicle with more than two axles and that is 23 capable of transporting eight passengers or more from being operated on a highway 24 within this State unless a human operator who holds a commercial driver’s license 25 – 2 – - *SB395* and is trained in operating and shutting off the vehicle is present in the vehicle and 26 is capable of taking over immediate manual control of the vehicle under certain 27 circumstances. Under section 1, the human operator holding the commercial 28 driver’s license is required to comply with all federal and state qualifications for the 29 type of vehicle being operated, whether in automated or nonautomated mode. 30 Section 2 of this bill provides the provisions of section 1 become effective on 31 October 1, 2025, and expire by limitation on September 30, 2035. 32 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 482A.070 is hereby amended to read as 1 follows: 2 482A.070 1. Except as otherwise provided in [subsection 2,] 3 this section, if an autonomous vehicle is being tested or operated on 4 a highway within this State, a human operator must be: 5 (a) Seated in a position which allows the human operator to take 6 immediate manual control of the autonomous vehicle; and 7 (b) Capable of taking over immediate manual control of the 8 autonomous vehicle in the event of a failure of the automated 9 driving system or other emergency. 10 2. [A] Except as otherwise provided in subsection 3 or 4, a 11 fully autonomous vehicle may be tested or operated on a highway 12 within this State with the automated driving system engaged and 13 without a human operator being present within the fully autonomous 14 vehicle if the fully autonomous vehicle satisfies the requirements of 15 paragraph (b) of subsection 2 of NRS 482A.080. 16 3. An autonomous vehicle with a gross vehicle weight rating 17 or gross combined vehicle weight rating in excess of 26,000 18 pounds shall not be tested or operated on a highway within this 19 State unless a human operator who holds a commercial driver’s 20 license issued pursuant to NRS 483.900 to 483.940, inclusive, and 21 who is trained in operating and shutting off the vehicle is: 22 (a) Seated in a position which allows the human operator to 23 take immediate manual control of the autonomous vehicle; and 24 (b) Capable of taking over immediate manual control of the 25 autonomous vehicle in the event of a failure of the automated 26 driving system or other emergency. 27 4. An autonomous vehicle that has more than two axles and 28 that is capable of transporting 8 or more passengers shall not be 29 tested or operated on a highway within this State unless a human 30 operator who holds a commercial driver’s license issued pursuant 31 to NRS 483.900 to 483.940, inclusive, and who is trained in 32 operating and shutting off the vehicle is: 33 – 3 – - *SB395* (a) Seated in a position which allows the human operator to 1 take immediate manual control of the autonomous vehicle; and 2 (b) Capable of taking over immediate manual control of the 3 autonomous vehicle in the event of a failure of the automated 4 driving system or other emergency. 5 5. A human operator described in subsection 3 or 4 shall 6 meet all federal and state qualifications for the type of vehicle 7 being operated, whether in automated mode or nonautomated 8 mode. 9 Sec. 2. 1. This act becomes effective upon passage and 10 approval for the purpose of adopting regulations and performing any 11 other preparatory administrative tasks, and on October 1, 2025, for 12 all other purposes. 13 2. This act expires by limitation on September 30, 2035. 14 H