Bill Text: HI SB3060 | 2020 | Regular Session | Introduced

Hawaii Senate Bill 3060 (Prior Session Legislation)

Introduced

Bill Title: Relating To Autonomous Vehicles.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2020-01-30 - Re-Referred to TRS/TEC/PSM, JDC/WAM. [SB3060 Detail]

Download: Hawaii-2020-SB3060-Introduced.html

THE SENATE	S.B. NO.	3060
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO Autonomous vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Autonomous vehicle testing program

§286-A Definitions. As used in this part:

"Administrator" has the same meaning as in section 287-1.

"ADS-dedicated vehicle" means a vehicle designed to be operated exclusively by a level four or five ADS for all trips within the given operational design domain limitations of the ADS, if any.

"Automated driving system" or "ADS" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the ADS is limited to a specific operational design domain, if any. "Automated driving system" or "ADS" is used specifically to describe a level three, four, or five driving automation system.

"Conventional driver" means a human driver who is onboard the motor vehicle and manually performs some or all of the following actions in order to operate a vehicle:

(1) Braking;

(2) Accelerating;

(3) Steering; and

(4) Transmission gear selection input devices.

"Dispatch" means to place an ADS-equipped vehicle into service in driverless operation by engaging the ADS. "Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor vehicles in driverless operation that may complete multiple trips involving pick-up and drop-off of passengers or goods throughout a day or other pre-defined periods of service, and which may involve multiple agents performing various tasks related to the dispatch function.

"Driverless operation" means the operation of an ADS-equipped vehicle in which:

(1) No on-board user is present; or

(2) No on-board user is a human driver or fallback-ready user.

"Driverless operation dispatcher" means a user who dispatches an ADS-equipped vehicle in driverless operation.

"Driving automation system" means the hardware and software collectively capable of performing part or all of the dynamic driving task on a sustained basis.

"Driving automation system feature" means a specific function of a driving automation system.

"Dynamic driving task" means all of the real-time operational and tactical functions required to operate a motor vehicle in on-road traffic, including:

(1) Lateral vehicle motion control through steering;

(2) Longitudinal motion control through acceleration and deceleration;

(3) Monitoring the driving environment through object and event detection, recognition, classification, and response preparation;

(4) Object and event response execution;

(5) Maneuver planning; and

(6) Enhancing conspicuity with lighting, signaling, and gesturing.

"Dynamic driving task" does not include strategic functions such as trip scheduling and selection of destinations and waypoints.

"Engage", as it pertains to the operation of a vehicle by a driving automation system, means to cause a driving automation system feature to perform part or all of the dynamic driving task on a sustained basis.

"External event" is a situation in the driving environment that necessitates a response by a human driver or driving automation system.

"Fallback-ready user" means the user of a vehicle equipped with an engaged level three ADS who is:

(1) A human driver; and

(2) Ready to operate the vehicle if:

(A) A system failure occurs; or

(B) The ADS issues a request to intervene.

"Level five automated driving system" or "level five ADS" means an ADS feature that has the capability to perform on a sustained basis the entire dynamic driving task under all conditions that can reasonably be managed by a human driver, as well as any maneuvers necessary to respond to a system failure, without any expectation that a human user will respond to a request to intervene.

"Level four automated driving system" or "level four ADS" means an ADS feature that, without any expectation that a human user will respond to a request to intervene, has:

(1) The capability to perform on a sustained basis the entire dynamic driving task within its operational design domain; and

(2) The capability to perform any maneuvers necessary to achieve a minimal risk condition in response to:

(A) An exit from the operational design domain of the ADS; or

(B) A system failure.

"Level three automated driving system" or "level three ADS" means an ADS feature that:

(1) Has the capability to perform on a sustained basis the entire dynamic driving task within its operational design domain; and

(2) Requires a fallback-ready user to operate the vehicle after receiving a request to intervene or in response to a system failure.

"Minimal risk condition" means a condition to which a user or an ADS may bring a motor vehicle in order to reduce the risk of an accident when a given trip cannot or should not be completed.

"Object and event detection and response" means the subtasks of the dynamic driving task that include:

(1) Monitoring the driving environment; and

(2) Executing an appropriate response in order to perform the dynamic driving task.

"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 motor vehicles that have a level four or level five ADS in driverless operation for the purpose of transporting persons, including for-hire transportation and transportation for compensation.

"Operate" means collectively, the activities performed in order to perform the entire dynamic driving task for a given motor vehicle by an operator. "Operate" includes testing of an automated driving system.

"Operational design domain" means the operating conditions under which a given ADS or feature thereof is specifically designed to function, including:

(1) Speed range, environmental, geographical, and time-of-day restrictions; or

(2) The requisite presence or absence of certain traffic or roadway characteristics.

"Operator" means a human driver or an automated driving system.

"Passenger" means a user on board a vehicle who has no role in the operation of that vehicle.

"Program" means the autonomous vehicle testing program established by the director pursuant to this part.

"Remote driver" means a human driver who is not located in a position to manually exercise in-vehicle braking, accelerating, steering, or transmission gear selection input devices, but operates the vehicle.

"Request to intervene" means the notification by an ADS to a fallback-ready user indicating that the fallback-ready user should promptly begin or resume operation of the vehicle.

"Special mobile equipment" means every vehicle:

(1) Not designed or used primarily for the transportation of persons or property;

(2) Not designed to operate in traffic; and

(3) Only incidentally operated or moved over the highways.

"Special mobile equipment" includes:

(1) Farm tractors;

(2) Off-road motorized construction or maintenance equipment including backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and

(3) Ditch-digging apparatus.

"Special mobile equipment" does not include a commercial vehicle.

"Sustained operation of a motor vehicle" means the performance of part or all of the dynamic driving task both between and across external events, including response to external events and continued performance of part or all of the dynamic driving task in the absence of external events.

"System failure" means a malfunction in a driving automation system or other vehicle system that prevents the ADS from reliably performing the portion of the dynamic driving task on a sustained basis, including the complete dynamic driving task, that the ADS would otherwise perform.

"User" means a:

(1) Human driver;

(2) Passenger;

(3) Fallback-ready user; or

(4) Driverless operation dispatcher.

§286-B Testing of motor vehicles equipped with an automated driving system. (a) The director shall establish, no later than January 1, 2021, an autonomous vehicle testing program, to be administered by the department of transportation. The department shall adopt rules pursuant to chapter 91 necessary for the purpose of this part.

(b) The program shall authorize a motor vehicle equipped with a level three ADS to be deployed on a highway in the State for purposes of testing if:

(1) The motor vehicle is operated, whether by the ADS or human driver, in compliance with the applicable traffic and motor vehicle safety laws and rules of the State, unless an exemption has been granted;

(2) When required by federal law, the motor vehicle has been certified as being in compliance with all applicable motor vehicle safety standards and bears the required certification label, including reference to any exemption granted under federal law;

(3) The ADS achieves a minimal risk condition or makes a request to intervene if a system failure occurs that renders the ADS unable to perform the entire dynamic driving task relevant to the intended operational design domain of the ADS; and

(4) The motor vehicle is titled and registered in compliance with section 286-F.

(c) The program shall authorize a motor vehicle equipped with a level four or level five ADS to operate in driverless operation on a highway in the State if:

(1) The ADS is capable of operating in compliance with applicable traffic and motor vehicle laws and rules of the State, unless an exemption has been granted;

(2) When required by federal law, the motor vehicle is certified as being in compliance with all applicable federal motor vehicle safety standards and regulations and bears the required certification label including reference to any exemption granted under federal law;

(4) The motor vehicle is titled and registered in compliance with section 286-F.

(d) A vehicle operated by an ADS or a remote driver shall not be considered unattended.

(e) The director of finance of the county in which the vehicle is to be operated may revoke the registration and privilege for a vehicle equipped with an ADS to operate on a state highway if the department of transportation or the department of public safety determines and notifies the director of finance that the ADS is operating or being engaged in an unsafe manner.

(f) Special mobile equipment equipped with a level three, level four, or level five ADS, may be moved or operated incidentally over a highway.

(g) Nothing in this chapter shall prohibit or restrict a human driver from operating a vehicle equipped with an ADS and equipped with controls that allow for the human driver to perform all or part of the dynamic driving task.

§286-C Licensing; responsibility for compliant operation of ADS-equipped vehicles. For the purpose of assessing compliance with applicable traffic or motor vehicle laws, when an ADS is operating a motor vehicle under the program, the ADS shall be the operator, and shall satisfy electronically all physical acts required by a conventional driver in operation of the vehicle. The ADS shall be responsible for the compliant operation of the vehicle and shall not be required to be licensed to operate the vehicle. If a vehicle with an engaged level three ADS issues a request to intervene, the ADS shall be responsible for the compliant operation of the vehicle until disengagement of the ADS. If a vehicle with an engaged level four or level five ADS issues a request to intervene, the ADS shall be responsible for the compliant operation of the vehicle until or unless a human user begins to operate the vehicle. The ADS shall be responsible for compliant operation of an ADS-dedicated vehicle.

§286-D Duties following accidents involving motor vehicles equipped with an automated driving system. (a) In the event of an accident involving a vehicle with the ADS engaged:

(1) The ADS-equipped vehicle shall remain on the scene of the accident, consistent with the vehicle's ability to achieve a minimal risk condition as described in section 286-B; and

(2) The owner of the ADS-equipped vehicle, or a person on behalf of the vehicle owner, shall report any accident as required by section 287-4.

(b) If the owner or person on behalf of the owner is not on board the vehicle at the time of the accident, the owner shall ensure that the following information is immediately communicated or made available to the persons involved in the accident or to a law enforcement officer upon request:

(1) The contents of the vehicle's registration card; and

(2) The name of the insurance provider for the vehicle, including the phone number of the agent or provider.

(1) A vehicle equipped with an ADS was involved in the accident; and

(2) The ADS was engaged at the time of the accident.

§286-E On-demand autonomous vehicle network. (a) Except as provided in subsection (b), an on-demand autonomous vehicle network may only operate pursuant to the program, this part, and applicable state laws governing the operation of ground transportation for hire.

(b) Any provision of state law that reasonably applies only to a human driver shall not apply to the operation of a vehicle by an engaged level four or level five ADS that is part of an on-demand autonomous vehicle network.

§286-F Registration, title, and insurance of motor vehicles equipped with an automated driving system. (a) Any owner of a vehicle equipped with an ADS who is a resident of the State, shall properly register and title the vehicle in accordance with part III of chapter 286. An automated driving system shall not be required to have a driver's license.

(b) Before operating an ADS vehicle on a state highway, the owner of the vehicle shall ensure that the vehicle complies with all applicable motor vehicle insurance laws under article 10C of chapter 431.

§286-G Controlling authority. No political subdivision of the State, county agency, or other entity may prohibit the testing of a vehicle equipped with a driving automation system, an ADS, or an on-demand autonomous vehicle network under the program, or otherwise enact or keep in force a rule or ordinance that would impose a tax, fee, performance standard, or other requirement specific to the testing of a vehicle equipped with a driving automation system, an ADS, or an on-demand autonomous vehicle network that is in addition to the requirements of the program, this part, or other applicable state law."

SECTION 2. Section 249-1, Hawaii Revised Statutes, is amended by amending the definition of "motor vehicle" to read as follows:

""Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, including vehicles equipped with an automated driving system as defined in section 286-A, but excludes mopeds."

SECTION 3. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person, except one:

(1) Exempted under section 286‑105;

(2) Who holds an instruction permit under section 286‑110;

(3) Who holds a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit under section 286-104.5;

(4) Who holds a provisional license under section 286‑102.6;

(5) Who holds a commercial driver's license issued under section 286‑239; or

(6) Who holds a commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles. An automated driving system as defined in section 286-A shall not be required to have a driver license."

SECTION 4. Section 431:10C-701, Hawaii Revised Statutes, is amended by amending the definitions of "transportation network company" and "transportation network company driver" to read as follows:

""Transportation network company" means an entity that uses a digital network or software application service to connect passengers to transportation network company drivers; provided that the entity:

(1) [~~Does~~] Except in certain cases involving a motor vehicle with a level four or level five automated driving system, as defined in section 286-A, does not own, control, operate, or manage the personal vehicles used by transportation network company drivers; and

(2) Is not a taxicab association or a for-hire vehicle owner.

"Transportation network company driver" means [an]:

(1) An individual who operates a personal vehicle used to transport a passenger between points chosen by the passenger and prearranged through a transportation network company and that is:

[~~(1)~~] (A) Owned, leased, or otherwise authorized for use by the individual;

[~~(2)~~] (B) Not a taxicab or for-hire vehicle; and

[~~(3)~~] (C) Used to provide prearranged rides to passengers[.]; or

(2) A level four or level five automated driving system, as defined in section 286-A, when the automated driving system is operating the vehicle and used to provide a passenger a ride in exchange for compensation."

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Autonomous Vehicles Testing Program

Description:

Requires the director of transportation to establish the autonomous vehicles testing program. Requires the program to authorize the testing of a vehicle in the State by an automated driving system. Exempts a vehicle with an engaged automated driving system from licensure. Provides protocol in case of an accident involving an autonomous vehicle. Requires a vehicle equipped with an automated driving system to be properly titled, registered, and insured. Preempts the counties from regulating the testing of autonomous vehicles that is in addition to regulation provided in state statute.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.