Bill Text: IL HB2913 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Safe Autonomous Vehicle Act. Provides definitions. Provides that upon notification to the Secretary of State, a motor vehicle manufacturer may commence a safe autonomous vehicle project with a vehicle installed with an automated driving system after providing notification to the Secretary of State and after self-certification under certain conditions. Provides that the manufacturer shall determine the geographical boundaries of the project and shall maintain incident records and provide periodic summaries to the Secretary of State and the National Highway Traffic Safety Administration. Provides that the participating fleet in the program shall be insured by the manufacturer who shall assume liability for incidents where the automated driving system technology is at fault for that incident. Provides that any person who operates a vehicle with automated driving system technology without first satisfying the eligibility requirements in the Act shall be fined $10,000 for a first violation and a second or subsequent violation is a Class A misdemeanor. Preempts home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2913 Detail]

Download: Illinois-2023-HB2913-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2913 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
New Act
Creates the Safe Autonomous Vehicle Act. Provides definitions. Provides that upon notification to the Secretary of State, a Motor Vehicle Manufacturer may commence a safe autonomous vehicle project with a vehicle installed with an Automated Driving System after providing notification to the Secretary of State and after self-certification under certain conditions. Provides that the Manufacturer shall determine the geographical boundaries of the project and shall maintain incident records and provide periodic summaries to the Secretary of State and the National Highway Traffic Safety Administration. Provides that the Participating Fleet in the program shall be insured by the Manufacturer who shall assume liability for incidents where the automated driving system technology is at fault for that incident. Provides that any person operates a vehicle with automated driving system technology without first satisfying the eligibility requirements in the Act shall be fined $10,000 for a first violation and a second or subsequent violation is a Class A misdemeanor. Preempts home rule powers. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Safe
Autonomous Vehicle (SAVE) Act.
Section 5. Definitions. As used in this Act:
"Automated Driving System" (ADS) means technology
installed on a motor vehicle that has the capability, on a
part-time or full-time basis, to drive the vehicle without the
need for supervision of the driving environment by a human
driver or operator, whether or not a human driver or operator
is in the vehicle.
"Automatic Crash Notification Technology" means a vehicle
service integrating wireless communications and vehicle
location technology for the purpose of determining the need
for or facilitating emergency medical response in the event of
a vehicle crash.
"Motor Vehicle Manufacturer" means a person who has
manufactured and distributed motor vehicles in the United
States that are certified to comply with all applicable
federal motor vehicle safety standards and that has submitted
appropriate manufacturer identification information to the
National Highway Traffic Safety Administration under 49 CFR

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part 566. "Motor Vehicle Manufacturer" also means a person
who:
(1) has manufactured ADS equipped vehicles in the
United States that are certified to comply with all
applicable federal and state laws;
(2) has operated ADS equipped vehicles using a test
driver and with an automated driving system on public
roads in the United States for at least 1,000,000 miles;
and
(3) has obtained an instrument of insurance, surety
bond, or proof of self-insurance in the amount of at least
$10,000,000, and has provided evidence of that insurance,
surety bond, or self-insurance to the Department in a form
and manner required by the Department.
"On-Demand Automated Motor Vehicle Network" means a
digital network, software application, or other means to
connect passengers to ADS equipped fleet vehicles for
transportation between points chosen by the passenger.
"Participating Fleet" means those ADS equipped vehicles
that are operating on the public roads and highways in a SAVE
Project.
"SAVE project" means an initiative authorizing eligible
Motor Vehicle Manufacturers to make ADS equipped vehicles
available to the public for operation on the public roads and
highways of this State in a manner to be determined by such
Motor Vehicle Manufacturers that is consistent with all of the

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provisions under this Act. Such operation may include, but is
not limited to, making an On-Demand Automated Vehicle Network
available to the public.
"Two-Way Vehicle Communication Technology" means a vehicle
service provided through a wireless communication device
embedded in a vehicle that enables two-way communication
between a vehicle occupant and the vehicle manufacturer.
Section 10. SAVE Project commencement; boundaries and data
collection.
(a) Commencement.
(1) A Motor Vehicle Manufacturer's eligibility to
participate in a SAVE project is conditioned solely upon
meeting the requirements under Section 15 of this Act.
(2) A SAVE Project may be commenced by a Motor Vehicle
Manufacturer at any time after it provides notification to
the Secretary of State of self-certification under Section
15 of this Act. A Motor Vehicle Manufacturer's
notification to the Department shall also set forth the
geographical boundaries for the SAVE project as described
in subsection (b) of this Act.
(3) Any Motor Vehicle Manufacturer may engage in
multiple SAVE projects under this subsection (a).
(b) SAVE project boundaries. A Motor Vehicle Manufacturer
shall determine the geographical boundaries for a SAVE
project, which may include, but are not limited to, a

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designated area on the public roads or highways of this State,
including, but not limited to, a municipality, areas
maintained by regional authorities, university campuses,
developments catering to senior citizens, or other similar
geographic and demographic areas. The public operation of the
Participating Fleets shall be confined to the boundaries
selected by a Motor Vehicle Manufacturer.
(c) Data collection. For the duration of a SAVE project,
any participating Motor Vehicle Manufacturer shall maintain
incident records and provide periodic summaries to the
Department and the National Highway Traffic Safety
Administration (NHTSA) related to safety for the Participating
Fleet.
(d) Disclosure and consent. Individuals participating in
any SAVE Project are deemed to consent to the collection of
such data while they are in the vehicle and to the later
provision of anonymized data summaries to the Department and
NHTSA. Prior to the commencement of and during a SAVE Project,
any participating Motor Vehicle Manufacturer shall make
publicly available a privacy statement disclosing its data
handling practices in connection with the applicable
Participating Fleet.
Section 15. SAVE project eligibility. Only Motor Vehicle
Manufacturers are eligible to participate in a SAVE Project
and they are responsible for the safe operation of the

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Participating Fleet. In order for a Motor Vehicle Manufacturer
to be authorized to participate in a SAVE Project, it must
self-certify to the conditions set forth below:
(a) the Participating Fleet is owned or controlled by the
Motor Vehicle Manufacturer and is equipped with the following
attributes:
(1) Automated Driving Systems;
(2) Automatic Crash Notification Technology;
(3) a data recording system with capacity to record
the ADS system status and other vehicle attributes such as
speed, direction, and location at a specified time period
determined by the Motor Vehicle Manufacturer prior to a
crash; and
(4) Two-Way Vehicle Communication Technology;
(b) the Participating Fleet complies with all applicable
federal and State laws; and
(c) subject to Section 20 of this Act, the vehicles in the
Participating Fleet are capable of being operated in
compliance with applicable traffic and motor vehicle laws of
this State.
Section 20. Traffic and motor vehicle laws.
(a) When engaged, the ADS shall be considered the driver
or operator for purposes of assessing conformance to
applicable traffic or motor vehicle laws, and shall be deemed
to be validly licensed to operate a motor vehicle under

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Section 6-101 of the Illinois Vehicle Code and Section 15 of
the Transportation Network Providers Act; and shall be deemed
to satisfy all the applicable requirements to be licensed
under the Illinois Vehicle Code and any physical acts required
of a driver or operator, including, but not limited to those
required under Section 6-112 of the Illinois Vehicle Code. No
motor vehicle laws of this State shall be construed as
prohibiting an ADS from being the operator or driver of a motor
vehicle, and no motor vehicle laws of this State shall be
construed as requiring a licensed human driver to operate a
vehicle that is being operated by an ADS under this Section.
(b) SAVE project vehicles shall be insured by the
applicable Motor Vehicle Manufacturer consistent with the
Illinois Insurance Code.
(c) For a SAVE project in which the ADS is in control of
the vehicle, the applicable Motor Vehicle Manufacturer shall
assume liability for incidents where the ADS technology is at
fault for such incident, but in all cases consistent with
existing insurance law and other laws.
(d) A Motor Vehicle Manufacturer is immune from any
liability for damages that arise out of any modification made
by another person to a vehicle manufactured by the Motor
Vehicle Manufacturer, or a system or component of the vehicle
installed by the manufacturer, or to any ADS or automated
technology, without the Motor Vehicle Manufacturer's written
consent.

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(e) An ADS installed on a motor vehicle that is equipped
with Automatic Crash Notification Technology shall be deemed
to be in compliance with all applicable requirements under
Article IV of Chapter 11 of the Illinois Vehicle Code if the
Automatic Crash Notification Technology allows a
representative of the Motor Vehicle Manufacturer to promptly
connect with law enforcement to report the crash.
(f) The requirements under Section 12-603.1 of the
Illinois Vehicle Code shall be the responsibility of and apply
only to human occupants of a motor vehicle. The requirements
of the Child Passenger Protection Act shall be the
responsibility of and apply only to the parent or guardian of
the child.
(g) The provisions of Section 11-1401 of the Illinois
Vehicle Code shall not apply to an ADS installed on a vehicle
in a Participating Fleet.
(h) Except as otherwise provided in this Act, SAVE
Projects are governed exclusively by this Act.
Section 25. Enforcement.
(a) Notwithstanding Section 10 of this Act, any person who
operates or has operated an ADS-operated vehicle on a public
road or highway in this State or another state or territory of
the United States without satisfying the applicable
eligibility requirements, or in express violation of a statute
or regulation requiring a valid driver's license, permit, or

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other applicable form of authority to operate a motor vehicle,
shall not operate an ADS-operated vehicle in this state.
(b) Evidence.
(1) A copy of the citation or other official
documentation, notice, or information indicating operation
without a valid driver's license, permit, or other
applicable form of authority to operate, a motor vehicle
shall constitute sufficient evidence to prove violation.
(2) A vehicle operating on public roads without a
human driver present in the vehicle shall be presumed to
be equipped with ADS and subject to the requirements of
this Act.
(c) Any person who violates subsection (a) of this Section
is subject to a fine of $ 10,000.
(d) A second or subsequent violation of subsection (a) of
this Section is a Class A misdemeanor.
Section 30. Home rule. The regulation of SAVE projects is
the exclusive power and function of the State. A home rule unit
may not regulate SAVE projects. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Article VII of the Illinois Constitution.
Section 99. Effective date. This Act takes effect upon
becoming law.