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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1541 By: Rosino
AS INTRODUCED
An Act relating to autonomous vehicles; allowing
fully automated vehicles to operate o n public roads;
providing certain conditions; requiring certain
submissions to the Department of Public Safety ;
requiring certain law enforcement interaction plan ;
requiring certain proof of insurance to the
Department of Public Safety ; requiring autonomous
vehicles to remain on the scene in the e vent of an
accident; requiring certain reporting in the event of
an accident; permitting on-demand autonomous vehicle
networks under certain conditions ; requiring certain
registration; allowing persons to operate motor
vehicles equipped with an automated driving system;
providing certain conditions ; allowing autonomous
vehicles to operate as commer cial motor vehicles
under certain conditions; creating certain
exceptions; amending 47 O.S. 2021, Section 6 -102,
which relates to exempt persons; providing exemption
for autonomous driving systems; amending 47 O.S.
2021, Section 1701, which relates to definitions;
modifying definition; providing certain definitions;
amending 47 O.S. 2021, Section 1702, which relates to
preemption and superseding; modifying preemption;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 numb ering, reads as follows:
A. A person may operate a fully autonomous vehicle on the
public roads of this state without a human driver provided that the
automated driving system is engaged and the vehicle 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 domai n, the fully
autonomous vehicle will achieve a min imal risk condition;
2. The fully autonomous vehi cle is capable of operating in
compliance with the applicable traffic and motor vehicle safety laws
and regulations of this state when reasonable to do so, unless an
exemption has been granted by the Depart ment of Public Safety or
their designee; and
3. When required by federal law, the vehicle bears the required
manufacturer’s certification label indicating that at the time of
its manufacture it has been ce rtified to be in compliance 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 without a human driver, a person s hall submit
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a law enforcement interaction plan to the Department of Public
Safety that describes:
1. How to communicate with a fleet support specialist who is
available during the times the vehicle is in o peration;
2. How to safely remove the fully auton omous 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 ow ner deems
necessary regarding the hazardous condit ions or public safety
risks associated with the operation of the fully autonomous
vehicle.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1704 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Before operating a fully a utonomous vehicle on public roads in
this state without a human driver, a person shall submit proof of
financial responsibility satisfactory t o the Department of Public
Safety that the fully autonomous vehicle is covered by insurance or
proof of self-insurance that satisfies the requirements of Section
7-324 of this title.
SECTION 3. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 1705 of Title 47, unless there
is created a duplication in numb ering, reads as follows:
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In the event of an accident:
A. The fully autonomous vehicle shall remain on the scene of
the accident when required by Secti ons 10-107 or 10-108 of this
title, consistent wit h its capability under Section 4 of this Act.
B. The owner of the fully autonomous vehicle, or a person on
behalf of the vehicle owner, shall report any accidents or
collisions consistent with Sections 10 -107 or 10-108 of this title.
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 numb ering, reads as follows:
An on-demand autonomous vehicle network shall be permitted to
operate pursuant to state laws governing the operation of
transportation network companies, taxis, or any other ground
transportation for-hire of passengers, with the exception that any
provision of the Oklahoma Transp ortation Network Company Service Act
that reasonably applies only to a human driver would not apply to
the operation of fully autonomous ve hicles with the automated
driving system engaged on an on -demand autonomous vehicle network.
SECTION 5. NEW LAW A new section of law to be codi fied
in the Oklahoma Statutes as Section 1707 of Title 47, unless there
is created a duplication in numb ering, reads as follows:
A. A fully autonomous vehicle shall be properly registered in
accordance with the Oklahoma Vehicle Licensing and Registration Act.
If a fully autonomous vehicle is registered in this state, the
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vehicle shall be identified on the registration as a fully
autonomous vehicle.
B. A fully autonomous vehicle shall be properly titled in
accordance with Oklahoma Vehicle Licensing and Reg istration Act. If
a fully autonomous vehicle is titled in this state, the vehicle
shall be identified on the title as a fu lly autonomous vehicle.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 1708 of Title 47, unless there
is created a duplication in numb ering, reads as follows:
A. A person may operate a motor vehicle equipped with an
automated driving system cap able of performing the enti re dynamic
driving task if:
1. Such automated driving system will issue a request to
intervene whenever the automated dri ving system is not capable of
performing the entire dynamic driving task with the expectation that
the person will respond appropriate ly to such a request; and
2. The automated driving system is capable of being operated in
compliance with all rules of the road as provided in Sections 11 -101
through 11-14 of this title when reasonable to do so unless an
exemption has been 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.
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SECTION 7. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 1709 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A fully autonomous vehicle that is also a commercial motor
vehicle may operate pursuant to state laws governing the op eration
of commercial motor vehicles, excep t that any provision that by its
nature reasonably ap plies only to a human driver does not apply to
such a vehicle operating with the automated driving system enga ged.
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 numb ering, reads as follows:
A fully autonomous vehicle that is designed to b e operated
exclusively by the automated d riving system for all trips is not
subject to motor vehicle equipment laws or regulations of this state
that:
A. Relate to or support motor vehicle operation by a human
driver seated in the vehicle; and
B. Are not relevant for an automated driving system.
SECTION 9. 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 i n this state as authorized
by the class, restricti ons, and endorsements specified on the
license, if the nonresident is:
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1. Properly licensed in the home state or country to operate a
commercial or noncommercial motor vehicle and who has immediate
possession of a valid driver license issued by the home s tate 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 c omponent
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 thi s state without a driver license, if the
resident is:
1. Operating a vehicle pursuant to subsection B of Section 6 -
105 of this title; or
2. Taking the driving skills ex amination as required by Section
6-110 of this title, when accompanied by a Driver Lic ense Examiner
of the Department of Public Safety or by a designated examiner
approved and certified by the Department.
C. Any person, while in the performance of officia l duties, may
operate any class of motor vehicle if the person possesses any class
of valid Oklahoma driver license or a valid driver license issued by
another state, if the person is:
1. A member of the A rmed Forces of the United States who is on
active duty;
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2. A member of the military reserves, not including United
States reserve techn ician;
3. A member of the National Guard who is on active duty,
including National Guard military technicians;
4. A member of the National Guard 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 necessary to enter into recipro city agreements
with foreign countries. The rules shall specify that the driver
license standards of the foreign country shall be comparable to
those of this state. The rules shall also require foreign dr ivers,
who are operating a motor vehicle in Oklaho ma under such a
reciprocity agreement, to comply with the compulsory motor vehicle
liability insurance and financial responsibility laws of this state.
E. When an automated driving system installed on a mo tor
vehicle is engaged:
1. The automated driving system is considered the driver or
operator, for the purpose of assessing compliance w ith applicable
traffic or motor vehicle laws and shall be deemed to satisfy
electronically all physical acts required by a driver or operator of
the vehicle; and
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2. The automated driving system is considered to be licensed to
operate the vehicle.
SECTION 10. 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 software that are collectively capable of
performing part or the entire dynamic task on a sustained basis ,
regardless of whether it is limited to a specific o perational design
domain. The term driving automa tion system is used generally to
describe any system capable of level 1 -5 driving automation, as
specified in SAE International Recommended Practice J3016 including,
but not limited to, core vehicle functio ns 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
on-road traffic, excluding the strategic functions such as trip
scheduling and selection of desti nations and waypoints and incl uding
without limitation:
1. Lateral vehicle motion control via steering;
2. Longitudinal vehicle motion control via acceleration and
deceleration;
3. Monitoring the driving environment via object and event
detection, recognition, classification and res ponse preparation;
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4. Object and event response execution;
5. Maneuver planning; and
6. Enhancing conspicuity via lighting, signaling and gesturing.
C. “DDT Fallback” means the response by the person or human
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 exit, or the response by an automated
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 without a
human driver as a level 4 or 5 system under SAE J3016B.
E. “Human driver” means a natural person in the vehicle wi th a
valid license to operat e a motor vehicle who controls all or part of
the dynamic driving task.
F. “Minimal risk condition ” means a condition to which a
person, human driver, or an ADS may bring a vehicle 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 application or
other digital means to dispatch or otherwise enable the pre-
arrangement of transport ation with fully autonom ous vehicles for
purposes of transporting passengers or goods including for-hire
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transportation and transportation of passengers or goods for
compensation.
H. “Operational design domain or ODD ” means operating
conditions under whi ch a given automated driv ing system is
specifically designed to function including, but not limited to,
environmental, geographical, and time -of-day restrictions, and/or
the requisite presence or absence of certain traffic or r oadway
characteristics.
I. “Person” means a natural person, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, governmental agency, public corporation,
or any other legal or commercial entity.
J. “Request to intervene ” means notification by an aut omated
driving system to a human driver, that the human driver should
promptly begin or resume performance of part or all of the dynamic
driving task.
K. “SAE J3016B” means the Taxonomy and Definition s for Terms
Related to Driving Automation Systems for O n-Road Motor Vehicles
published by SAE International in June 2018.
SECTION 11. 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 systems in Oklahoma.
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B. Pursuant to subsection A of this section, the State of
Oklahoma:
1. Preempts the authority of a co unty or municipality to
prohibit, restrict or regulate the operation of motor vehicles
equipped with driving automation automated driving systems on the
basis of those vehicles being equipped with driving automation
automated driving systems; and
2. Supersedes any existing law or ordinance of a county or
municipality that prohibits, restricts or regulates the test ing or
operation of motor vehicles equipped with driving automation
automated driving systems.
SECTION 12. This act shall become effective in accordance
with the provisions o f Section 58 of Article V of the Oklahoma
Constitution.
58-2-2533 JES 1/20/2022 10:03:33 AM