Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB1541 Enrolled / Bill

Filed 04/27/2022

                     
 
 
An Act 
ENROLLED SENATE 
BILL NO. 1541 	By: Rosino and Bergstrom of the 
Senate 
 
  and 
 
  Miller of the House 
 
 
 
 
 
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 entit ies to operate on-
demand autonomous vehicle network; making 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 of 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 exempt; stating that an automated 
driving system is a licensed driver of the vehicle it 
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   
 
ENR. S. B. NO. 1541 	Page 2 
language; providing for codification; and providing 
an effective date. 
 
 
 
SUBJECT:  Fully automated vehicles 
 
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 f ollows: 
 
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 dri ving 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 capab le 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 
 
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 compliance with all 
applicable Federal Motor Vehicle Safe ty Standards including 
reference to any exemption granted by the National Highway Tra ffic 
Safety Administration. 
 
B.  Prior to operating a fully autonomous vehicle on the public 
roads of this state without a human driv er, a person shall submit to 
the Department of Public Safety a law enforcement interaction plan 
that contains, but shall not be limited to, information that 
describes: 
   
 
ENR. S. B. NO. 1541 	Page 3 
1.  How to communicate with a fleet support specialist who is 
available during the time s 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 informatio n the manufacturer or owner deems 
necessary regarding the hazardous co nditions or public safety risks 
associated with the operat ion of the fully autonomous vehicle. 
 
C.  The Department is authorized to promulgate rules regarding 
the contents of the law enfor cement interaction plan described in 
subsection B of this section. 
 
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 numbering, re ads as follows: 
 
Before operating a fully aut onomous 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 vehicle is c overed by insurance or 
proof of self-insurance of at least One Million Dollars 
($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 duplication 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 it s capability under 
Section 1 of this act; and 
   
 
ENR. S. B. NO. 1541 	Page 4 
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. 
 
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, wit h the 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 system 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 vehi cle 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 identifi ed on the registration as a 
fully autonomous vehicle. 
 
B.  A fully autonomous vehicle shall be properly titled in 
accordance with the Oklahoma Vehicle License and Registration Act.  
If a fully autonomous vehicle is titled in this 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 follow s: 
   
 
ENR. S. B. NO. 1541 	Page 5 
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 will issue a request to 
intervene whenever the automated 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 sys tem is capable 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 c odified 
in the Oklahoma Statutes as Section 1709 of Title 47, unless there 
is created a duplication in numberi ng, reads as follows: 
 
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 commercial 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   
 
ENR. S. B. NO. 1541 	Page 6 
 
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 auto nomous vehicles and automated 
driving systems are governed exclusively by this act.  The 
Department of Public Safety and the Department of Transportation a re 
authorized to promulgate administrative rules to implement the 
provisions 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 this state as authorized 
by the class, restriction s, and endorsements specified on the 
license, if the nonresident is: 
 
1.  Properly licensed in the home state or country to oper ate a 
commercial or noncommercial motor vehicle an d who has immediate 
possession of a valid driver license issued by the home sta te 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 component 
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 exam ination as required by Section 
6-110 of this title, when accompanied by a D river License Examiner   
 
ENR. S. B. NO. 1541 	Page 7 
of the Department of Public S afety or by a design ated examiner 
approved and certified by the Department. 
 
C.  Any person, while in the 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 dr iver license issued by 
another state, if the person is: 
 
1.  A member of the Armed Forces of the United States who is on 
active duty; 
 
2.  A member of the military reserves, not including United 
States reserve technician technicians; 
 
3.  A member of the National Guard w ho 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 a ctive 
duty. 
 
D.  The Commissioner of Public Safety is hereby authorized to 
adopt rules as may be necessary to enter into reciproci ty agreements 
with foreign countries. The rules shall specify that the dri ver 
license standards of the foreign country shall b e comparable to 
those of this state.  The rules shall also require foreign drivers, 
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 responsibili ty laws of this stat e. 
 
E.  When an automated driving system, as defined by Section 1701 
of this title, installed on a motor vehic le is engaged, the 
following shall apply: 
 
1.  The automated driving syst em is considered the driver or 
operator, for the purpose of assessing compliance with applicable 
traffic or motor vehicle laws, and shall be deemed to satisfy 
electronically all physic al acts required by a driver or operator of 
the vehicle; and 
   
 
ENR. S. B. NO. 1541 	Page 8 
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 software that are collectively capable of 
performing part or the entire dynamic task on a sustained basis, 
regardless of whether it is li mited to a specific operational design 
domain.  The term driving automation system is used generally to 
describe any system capable of le vel 1-5 driving automation, as 
specified in SAE International Recommended Practice J3016 including, 
but not limited to, core 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 
on-road traffic, excluding the strategic functions 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 acceleration 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 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 failu re(s) or 
upon operation design domain exit, or the response by an automated   
 
ENR. S. B. NO. 1541 	Page 9 
driving system to achieve minimal risk con dition, given the same 
circumstances. 
 
D.  “Fully autonomous vehicle” means a motor vehicle equipped 
with an automated driving system desi gned 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. 
 
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 
prearrangement of transportation with fully autonomous vehicles for 
purposes of transporting passengers or goods including for-hire 
transportation and transportation of passengers or goods for 
compensation. 
 
H.  “Operational design doma in” or “ODD” means operating 
conditions under which a gi ven automated driving system is 
specifically designed to function including, but not limited to, 
environmental, geographical, and time-of-day restrictions, and the 
requisite presence or absence of cer tain traffic or roadway 
characteristics. 
 
I.  “Person” means a natural person, corporation, business 
trust, estate, trust, partnershi p, limited liability company, 
association, joint venture, governmental agency, public corporation, 
or any other legal or com mercial entity. 
 
J.  “Request to intervene ” means notification by an automated 
driving system to a human driver that the human drive r should 
promptly begin or resume performance of part or all of the dynamic 
driving task. 
   
 
ENR. S. B. NO. 1541 	Page 10 
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 in June 201 8. 
 
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 equipped with driving automation 
automated driving systems; and 
 
2.  Supersedes any existin g law or ordinance of a county or 
municipality that prohibits, restricts or regulates the testing or 
operation of motor vehicles equipped with driving automation 
automated driving systems. 
 
SECTION 13.  This act shall become effective November 1, 2022. 
   
 
ENR. S. B. NO. 1541 	Page 11 
Passed the Senate the 7th day of March, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 26th day of April, 2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __