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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3317 By: Miller, Johns, Hill and
Martinez of the House
and
Rosino of the Senate
COMMITTEE SUBSTITUTE
An Act relating to motor vehicles; allowing for
operation of fully autonomous vehi cles; stating
conditions for operation; requiring submission of law
enforcement interaction plan pr ior to operation;
describing contents of plan; au thorizing the
Department of Public Safety to promulgate certain
rules; requiring fully autonomous vehicles submit
proof of financial responsibility of a certain
amount; requiring vehicle to remain on the scen e of
certain accidents; requiring owner report certain
accidents; allowing certain entities to operate on-
demand autonomous vehicle network; mak ing certain
exception; requiring registration as an autonomous
vehicle; requiring proper titling; requiring titling
as an autonomous vehicle; allowing for operation of
certain autonomous vehicles under certain conditions;
allowing for human control o f autonomous vehicles;
allowing for operation of fully autonomous commercial
vehicles; allowing fully autonomous vehicles certain
equipment exemptions; providing for exclusive
governance of fully autonomous vehicles and automated
driving systems; authorizing the promulgatio n of
rules; amending 47 O.S. 2021, Section 6-102, which
relates to persons exem pt; stating that an automated
driving system is a licensed driver of the vehicle it
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is installed upon; amending 47 O.S. 2021, Section
1701, which relates to definitions; modifyi ng
definitions; defining terms; amending 47 O.S. 2021,
Section 1702, which relates to state law preempting
county and municipal laws; updating statutory
language; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1703 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. A person, as defined in Section 1701 of Title 47 of the
Oklahoma Statutes, may operate a fully autonomous vehicle on the
public roads of this state without a hum an driver provided that the
automated driving system is engaged and the ve hicle meets the
following conditions:
1. If a failure of the automated driving system occurs that
renders that system unable to perform the entire dynamic driving
task relevant to its intended operational design domain, the fully
autonomous vehicle will achieve a minimal risk condition;
2. The fully autonomous vehicle is capable of operating in
compliance with the applicable traffic and motor vehicle safety laws
and regulations of this state, unless an exemption has been granted
by the Department of Public Safety or its designee; and
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3. When required by federal law, the vehicle bears the required
manufacturer's certification label indicating that at the t ime of
its manufacture it has been certified to be in comp liance with all
applicable Federal Motor Vehicle Safety Standards, including
reference to any exemption granted by the National Highway Traffic
Safety Administration.
B. Prior to operating a fully autonomous vehicle on the public
roads of this state witho ut a human driver, a person shall submit to
the Department of Public Safety a law enforcement interacti on plan
that contains, but shall not be lim ited to, information that
describes:
1. How to communicate with a fleet support specialist who is
available during the times the vehicle is in operation;
2. How to safely remove the fully a utonomous vehicle from the
roadway;
3. How to recognize whether the fully autonomous vehicle is in
autonomous mode and steps to safely tow the vehicle; and
4. Any additional information the manufacturer or owner deems
necessary regarding the hazardous co nditions or public saf ety risks
associated with the operation of the fully autonomous vehicle.
C. The Department is authorized to promulgate rules regarding
the contents of the law enforcement interaction plan described in
subsection B of this section.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 1704 of Title 47, unless there
is created a duplication in num bering, reads as follows:
Before operating a fully auton omous vehicle on public r oads in
this state without a human driver, a person shall submit proof of
financial responsibility satisfactory to the Department of Public
Safety that the fully autonomous ve hicle is covered by insurance or
proof of self-insurance of a least One Million D ollars
($1,000,000.00) which shall satisfy the requirements of the
Compulsory Insurance Law pursuant to Section 7-600 et seq. of Title
47 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1705 of Title 47, unless there
is created a duplica tion in numbering, reads as follows:
In the event of an accident:
1. The fully autonomous vehicle shall remain on the scene of
the accident when required by Section 10-107 or 10-108 of Title 47
of the Oklahoma Statutes, consistent with its capability unde r
Section 1 of this act; and
2. The owner of the fully autonomous vehicle, or a person on
behalf of the vehicle owner, shall report any acc idents or
collisions consistent with Section 10-107 or 10-108 of Title 47 of
the Oklahoma Statutes.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1706 of Title 47, unless there
is created a duplication in numbering, reads as follows:
An on-demand autonomous vehicle network shall be permitted to
operate pursuant to state laws governing the operation of
transportation networ k companies, taxis, or any oth er ground
transportation for hire of passengers, with th e exception that any
provision of the Oklahoma Transportation Network Company Services
Act pursuant to Section 1010 et seq. of Title 47 of the Oklahoma
Statutes that reasonably applies only to a human driver would not
apply to the operation of a fully autonomous vehicle with the
automated driving syste m engaged on an on-demand autonomous vehicle
network.
SECTION 5. NEW LAW A ne w section of law to be codified
in the Oklahoma Stat utes as Section 1707 of Title 47, unless there
is created a duplication in n umbering, reads as follows:
A. A fully autonomous vehicle shall be properly registered in
accordance with the Oklahoma Vehicle L icense and Registration Act
pursuant to Section 1 101 et seq. of Title 47 of the Oklahoma
Statutes. If a fully autonomous vehicle is registered in this
state, the vehicle shall be identified on the r egistration as a
fully autonomous vehicle.
B. A fully autonomous vehicle shall be properly titled in
accordance with Oklahoma Vehicle License and Registration Act. If a
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fully autonomous vehicle is titled in th is state, the vehicle shall
be identified on the title as a fully autonomous vehicle.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1708 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. A person may operate a motor vehicle equipped with an
automated driving system capable of performing the entire dynamic
driving task if:
1. Such automated driving system w ill issue a request to
intervene whenever the a utomated driving system is not capable of
performing the entire dynamic driving task with the e xpectation that
the person will respond appropriately to such a request; and
2. The automated driving system is c apable of being oper ated in
compliance with Sections 11-101 through 11-1404 of Title 47 of the
Oklahoma Statutes unless an exemption has be en granted by the
Department of Public Safety.
B. Nothing in this act prohibits or restricts a human driver
from operating a fully autonomous vehicle equipped with controls
that allow for the human driver to control all or part of the
dynamic driving task .
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 1709 of Title 47, unless there
is created a duplication in numbering, reads as follows:
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A fully autonomous vehicle that is also a commerci al motor
vehicle pursuant to Sections 161A through 230.34b of Title 47 of the
Oklahoma Statutes may operate pursuant to state laws governing th e
operation of commerc ial motor vehicles, except that any provision
that by its nature reasonably applies only to a human driver does
not apply to such a vehicle operating with the automated driving
system engaged.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1710 of Title 47, unless there
is created a duplication in nu mbering, reads as follows:
A fully autonomous vehicle that is designed to be operated
exclusively by the automated drivin g system for all trips is not
subject to motor vehicle equipment laws or regulations of this stat e
that:
1. Relate to or support motor vehicle operation by a human
driver seated in the vehicle; and
2. Are not relevant for an automated driving system.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1711 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Unless otherwise provided in this title and notwithstanding any
other provision of law, fully autonomous vehicles and automated
driving systems are governed exclusively by this act. The
Department of Public Safety and the Oklahoma Department of
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Transportation are authorized to promulgate administrative rule s to
implement the provis ions of this act.
SECTION 10. AMENDATORY 47 O.S. 2021, Section 6-102, is
amended to read as follows:
Section 6-102. A. A nonresident who is sixteen (16) years of
age or older may operate a motor vehicle in t his state as authorize d
by the class, restrictions, and endorsements specified on the
license, if the nonresident is:
1. Properly licensed in the home state or country to ope rate a
commercial or noncommercial motor vehicle an d who has immediate
possession of a valid driver lic ense issued by the home state or
country; or
2. A member of the Armed Forces of the United States or the
spouse or dependent of such member who has been issued and is in
possession of a valid driver license issued by an overseas comp onent
of the Armed Forces of the United States.
B. A resident who is at least fifteen (15) years of age may
operate a vehicle in this state without a driver license, if the
resident is:
1. Operating a vehicle pursuant to sub section B of Section 6 -
105 of this title; or
2. Taking the driving skills examination as required by Section
6-110 of this title, when accompanied by a D river License Examiner
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of the Department of Public Safety or by a design ated examiner
approved and certified by the Department.
C. Any person, while in t he performance of official duties, may
operate any class of motor vehicle if the person possesses any class
of valid Oklahoma driver license or a valid d river license issued by
another state, if the person is:
1. A member of the Arme d Forces of the United States who is on
active duty;
2. A member of the military reser ves, not including United
States reserve technician;
3. A member of the National Guard who is on active duty ,
including National Guard mil itary technicians;
4. A member of the National Guar d who is on part-time National
Guard training, including National Guard military technicians; or
5. A member of the United States Coast Guard who is on active
duty.
D. The Commissioner of Public Safety is hereby authorized to
adopt rules as may be necess ary to enter into reciprocity agreements
with foreign countries. The rules shall specify that the dri ver
license standards of the foreign country shall be comparable to
those of this state. The rules sh all also require foreign drive rs,
who are operating a motor vehicle in Oklahoma under such a
reciprocity agreement, t o comply with the compulsory motor vehicle
liability insurance and financial responsibil ity laws of this stat e.
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E. When an automated drivi ng system, as defined by Section 1701
of this title, installed on a motor vehicle i s engaged, the
following shall apply:
1. The automated driving syst em is considered the driver or
operator, for the purpo se of assessing compliance with applicable
traffic or motor vehicle laws, and shall be deemed to satisf y
electronically all physical a cts required by a driver or operator of
the vehicle; and
2. The automated driving system is consider ed to be licensed to
operate the vehicle.
SECTION 11. AMENDATORY 47 O.S. 2021 , Section 1701, is
amended to read as follows:
Section 1701. As used in this act:
A. "Driving automation system" "Automated driving system or
ADS" means hardware and softwar e that are collectively capable of
performing part or the entire dynamic task on a sustained basis,
regardless of whether it is limite d to a specific operational design
domain. The term driving automation system is used generally to
describe any system ca pable of level 1-5 driving automation, as
specified in SAE International Recommen ded Practice J3016 inc luding,
but not limited to, cor e vehicle functions as listed in this
section.
B. "Dynamic driving task" or "DDT" means all of the real -time
operational and tactical functions required to operate a vehicle in
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on-road traffic, excludin g the strategic functi ons such as trip
scheduling and selection of destinations and waypoints and inclu ding
without limitation:
1. Lateral vehicle motion co ntrol via steering;
2. Longitudinal vehicle motion control via accel eration and
deceleration;
3. Monitoring the driving environment via object and event
detection, recognition, classification and resp onse preparation;
4. Object and event response execut ion;
5. Maneuver planning; and
6. Enhancing conspicuity via lightin g, signaling and gesturing.
C. "DDT fallback" means the response by the person or hum an
driver to either perform the DDT or achieve a minimal risk condition
after occurrence of a DDT performance -relevant system failure(s) or
upon operation design domain e xit, or the response by an aut omated
driving system to achieve minimal risk condition, given the same
circumstances.
D. "Fully autonomous vehicle" means a motor vehicle equipped
with an automated driving system designed to function wit hout a
human driver as a level 4 or 5 system under SAE J3016B.
E. "Human driver" means a natural person in the vehicle with a
valid license to operate a motor vehicle who controls all or part of
the dynamic driving task.
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F. "Minimal risk condition" means a condition to which a
person, human driver, or a n ADS may bring a vehi cle after performing
the DDT fallback in order to reduce the risk of a crash when a given
trip cannot or should not be completed.
G. "On-demand autonomous vehicle network" means a
transportation service network that uses a software a pplication or
other digital means to dispatch or otherwi se enable the
prearrangement of transportation with fully autonomous vehicles for
purposes of transporting passengers o r goods, including for-hire
transportation and tran sportation of passengers or go ods for
compensation.
H. "Operational design domain " or "ODD" means operating
conditions under which a gi ven automated driving system is
specifically designed to function, in cluding, but not limited to,
environmental, geographic al, and time-of-day restrictions, and the
requisite presence or absence of certain tra ffic or roadway
characteristics.
I. "Person" means a natural person, corporation, business
trust, estate, trust, pa rtnership, limited liability company,
association, joint venture, governmental agency, public corporati on,
or any other legal or commercial entity.
J. "Request to intervene " means notification by an automated
driving system to a human driver that the human driver should
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promptly begin or resume performance o f part or all of the dynamic
driving task.
K. "SAE J3016B" means the Taxonomy and Definitions for Terms
Related to Driving Automatio n Systems for On-Road Motor Vehicles
published by SAE International i n June 2018.
SECTION 12. AMENDATORY 47 O.S. 2021, Section 1702, is
amended to read as follows:
Section 1702. A. Only the State of Oklahoma may enact a law or
take any other action to regulate the operation of motor vehicles
equipped with driving automation automated driving systems in
Oklahoma.
B. Pursuant to subsection A of this section, the State of
Oklahoma:
1. Preempts the authority of a county or municipal ity to
prohibit, restrict or regulate the operation of motor vehicles
equipped with driving automation automated driving systems on the
basis of those vehicles being equipp ed with driving automation
automated driving systems; and
2. Supersedes any existin g law or ordinance of a county or
municipality that prohibits, restri cts or regulates the testing or
operation of motor vehicles equipped with driving automation
automated driving systems.
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SECTION 13. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 02/17/2022 -
DO PASS, As Amended and Coauthored.