Bill Text: MI SB0706 | 2021-2022 | 101st Legislature | Engrossed


Bill Title: Transportation: other; definition of automated driving systems and automated vehicle roadway; modify and expand. Amends secs. 2b, 642, 665 & 665a of 1949 PA 300 (MCL 257.2b et seq.) & adds secs. 665c, 665d & 666a.

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Engrossed) 2022-06-21 - Placed On Third Reading [SB0706 Detail]

Download: Michigan-2021-SB0706-Engrossed.html

 

 

Substitute For

SENATE BILL NO. 706

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 2b, 642, and 665 (MCL 257.2b, 257.642, and 257.665), sections 2b and 665 as amended by 2016 PA 332 and section 642 as amended by 2012 PA 498, and by adding sections 665c, 665d, and 666a.

the people of the state of michigan enact:

Sec. 2b. (1) "Automated driving system" means hardware and software that are collectively capable of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis without any supervision by a human operator. As used in this subsection, "dynamic driving task" means all of the following, but does not include strategic aspects of a driving task, including, but not limited to, determining destinations or waypoints:

(a) Operational aspects, including, but not limited to, steering, braking, accelerating, and monitoring the vehicle and the roadway.

(b) Tactical aspects, including, but not limited to, responding to events, determining when to change lanes, turning, using signals, and other related actions.

(2) "Automated motor vehicle" means a motor vehicle on which an automated driving system has been installed, either by a manufacturer of automated driving systems or an upfitter that enables the motor vehicle to be operated without any control or monitoring by a human operator. Automated motor vehicle does not include a motor vehicle enabled with 1 or more active safety systems or operator assistance systems, including, but not limited to, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless 1 or more of these technologies alone or in combination with other systems enable the vehicle on which any active safety systems or operator assistance systems are installed to operate without any control or monitoring by an operator.

(3) "Automated technology" means technology installed on a motor vehicle that has the capability to assist, make decisions for, or replace a human operator.

(4) "Automated vehicle roadway" means a segment of a roadway that has been designated by the state transportation department for an automated vehicle roadway system.

(5) "Automated vehicle roadway lane" means any lane or ramp on an automated vehicle roadway designated for the exclusive use of motor vehicles by the state transportation department as described under section 665c.

(6) "Automated vehicle roadway system" means a hardware and software system that is capable of facilitating the deployment and operation of an automated motor vehicle or a vehicle equipped with varying levels of automated technology while traveling through a segment of roadway that has been designated for such a system by the state transportation department.

(7) "Automated vehicle roadway system provider" means an entity that designs, installs, constructs, operates, or maintains an automated vehicle roadway system.

(8) (4) "Automatic crash notification technology" means a vehicle service that integrates wireless communications and vehicle location technology to determine the need for or to facilitate emergency medical response in the event of a vehicle crash.

(9) "Dynamic driving task" means all of the following, but does not include strategic aspects of a driving task, including, but not limited to, determining destinations or waypoints:

(a) Operational aspects, including, but not limited to, steering, braking, accelerating, and monitoring the vehicle and the roadway.

(b) Tactical aspects, including, but not limited to, responding to events, determining when to change lanes, turning, using signals, and other related actions.

(10) (5) "Manufacturer of automated driving systems" means a manufacturer or subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems or automated vehicles.

(11) "Minimal risk condition" means the ability of an automated motor vehicle, upon experiencing a failure of its automated driving system that renders the automated motor vehicle unable to perform the dynamic driving task, to bring the vehicle to a stop in a reasonably safe location for the vehicle and any human operator.

(12) (6) "Mobility research center" means a nonprofit entity that has the ability to receive and accept from any federal, state, or municipal agency, foundation, public or private agency, entity, or individual a grant, contribution, or loan for or in aid of the planning, construction, operation, upgrade, or financing of a facility for testing advanced transportation systems, including, but not limited to, connected or automated technology or automated motor vehicles to increase mobility options.

(13) (7) "Motor vehicle manufacturer" means a person that 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 as provided in 49 CFR part 566. As used in this section, section 665a, and section 665b only, motor vehicle manufacturer also includes a person that satisfies all of the following:

(a) The person has Has manufactured automated motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards.

(b) The person has Has operated automated motor vehicles using a test driver and with an automated driving system engaged on public roads in the United States for at least 1,000,000 miles.

(c) The person has Has obtained an instrument of insurance, surety bond, or proof of self-insurance in the amount of at least $10,000,000.00, and has provided evidence of that insurance, surety bond, or self-insurance to the department in a form and manner required by the department.

(14) (8) "On-demand automated motor vehicle network" means a digital network or software application used to connect passengers to automated motor vehicles, not including commercial motor vehicles, in participating fleets for transportation between points chosen by passengers, for transportation between locations chosen by the passenger when the automated motor vehicle is operated by the automated driving system.

(15) (9) "Participating fleet" means any of the following:

(a) Vehicles that are equipped with automated driving systems that are operating on the public roads and highways of this state in a SAVE project as provided in section 665b.

(b) Vehicles that are supplied or controlled by a motor vehicle manufacturer, and that are equipped with automated driving systems that are operating on the public roads and highways of this state in an on-demand automated motor vehicle network.

(16) (10) "SAVE project" means an initiative that authorizes eligible motor vehicle manufacturers to make available to the public on-demand automated motor vehicle networks as provided in section 665b.

(17) (11) "Upfitter" means a person that modifies a motor vehicle after it was manufactured by installing an automated driving system in that motor vehicle to convert it to an automated motor vehicle. Upfitter includes a subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems.

Sec. 642. (1) When a roadway has been divided into 2 or more clearly marked lanes for traffic, the following rules in addition to all others other rules that are consistent with this act apply:

(a) A vehicle shall must be driven as nearly as practicable entirely within a single lane and shall must not be moved from the lane until the operator has first ascertained that the movement can be made with safety. Upon On a roadway with 4 or more lanes that provides for 2-way movement of traffic, a vehicle shall must be operated within the extreme right-hand lane except when overtaking and passing, but shall must not cross the center line of the roadway except where making a left turn.

(b) Upon On a roadway that is divided into 3 lanes and provides for 2-way movement of traffic, a vehicle shall must not be operated in the center lane except when overtaking and passing another vehicle traveling in the same direction, when the center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the same direction the vehicle is proceeding and the allocation is designated by official traffic control devices.

(c) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and operators of vehicles shall obey the directions of the traffic-control device.

(d) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and operators of vehicles shall obey the directions of the traffic-control devices.

(2) When any lane has been designated as an HOV lane under section 1 of 1951 PA 51, MCL 247.651, and has been appropriately marked with signs and pavement markings, the lane shall must be reserved during the periods indicated for the exclusive use of buses and HOVs. The restrictions imposed on HOV lanes do not apply to any of the following:

(a) Authorized emergency vehicles.

(b) Law enforcement vehicles.

(c) Transit buses operated by a regional transit authority created under the regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558.

(3) When a segment of roadway has been designated as an automated vehicle roadway or a lane or ramp of an automated vehicle roadway as an automated vehicle roadway lane under section 665c, all of the following must apply:

(a) If a user fee is required under section 665c(1)(c), the user fee is paid.

(b) The motor vehicle complies with any applicable requirements of section 665c(2).

(4) The requirements of subsection (3) apply in addition to other existing rules or regulations governing the use of an automated vehicle roadway or automated vehicle roadway lane that are not inconsistent with subsection (3).

(5) The state transportation department may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement the mechanisms to monitor a segment of roadway that has been designated as an automated vehicle roadway or a lane or ramp of an automated vehicle roadway that has been designated as an automated vehicle roadway lane and to enforce violations of subsection (3).

(6) (3) A person who violates this section is responsible for a civil infraction and may be fined as provided in section 907.

Sec. 665. (1) Before beginning research or testing on a highway or street in this state of an automated motor vehicle, technology that allows a motor vehicle to operate without a human operator, or any automated driving system installed in a motor vehicle under this section, the manufacturer of automated driving systems or upfitter performing that research or testing shall submit proof satisfactory to the secretary of state that the vehicle is insured under chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

(2) A manufacturer of automated driving systems or upfitter shall ensure that all of the following circumstances exist when researching or testing the operation, including operation without a human operator, of an automated motor vehicle or any automated technology or automated driving system installed in a motor vehicle upon a highway or street:

(a) The vehicle is operated only by an employee, contractor, or other person designated or otherwise authorized by that manufacturer of automated driving systems or upfitter. This subdivision does not apply to a university researcher or an employee of the state transportation department or the department described in subsection (3).

(b) An individual described in subdivision (a) has the ability to monitor the vehicle's performance while it is being operated on a highway or street in this state and, if necessary, promptly take control of the vehicle's movements. If the individual does not, or is unable to, take control of the vehicle, the vehicle shall must be capable of achieving a minimal risk condition.

(c) The individual operating the vehicle under subdivision (a) and the individual who is monitoring the vehicle for purposes of subdivision (b) may lawfully operate a motor vehicle in the United States.

(3) A university researcher or an employee of the state transportation department or the department who is engaged in research or testing of automated motor vehicles may operate an automated motor vehicle if the operation is in compliance with subsection (2).

(4) An automated motor vehicle may be operated on a street or highway in this state.

(5) When engaged, an automated driving system allowing for operation without a human operator shall be is considered the driver or operator of a vehicle for purposes of determining conformance to any applicable traffic or motor vehicle laws and shall be is deemed to satisfy electronically all physical acts required by a driver or operator of the vehicle. An automated vehicle roadway system provider is not an operator of a vehicle.

(6) The Michigan council on future mobility is created within the state transportation department. The council shall provide to the governor, legislature, department, state transportation department, department of insurance and financial services, department of technology, management, and budget, and department of state police recommendations for changes in state policy to ensure that this state continues to be the world leader in autonomous, driverless, and connected vehicle technology. The council created under this subsection shall consist of all of the following members, who shall serve without compensation:

(a) Eleven individuals appointed by the governor who represent the interests of local government or are business, policy, research, or technological leaders in future mobility. The individuals appointed under this subdivision shall be voting members.

(b) One individual appointed by the governor who is representative of insurance interests. The individual appointed under this subdivision shall be a voting member.

(c) Two state senators appointed by the senate majority leader to serve as nonvoting ex officio members. One of the senators appointed under this subdivision shall be a member of the majority party, and 1 of the senators appointed under this subdivision shall be a member of the minority party.

(d) Two state representatives appointed by the speaker of the house of representatives to serve as nonvoting ex officio members. One of the representatives appointed under this subdivision shall be a member of the majority party, and 1 of the representatives appointed under this subdivision shall be a member of the minority party.

(e) The secretary of state or his or her designee. The individual appointed under this subdivision shall be a voting member.

(f) The director of the state transportation department or his or her designee. The individual appointed under this subdivision shall be a voting member.

(g) The director of the department of state police or his or her designee. The individual appointed under this subdivision shall be a voting member.

(h) The director of the department of insurance and financial services or his or her designee. The individual appointed under this subdivision shall be a voting member.

(i) The director of the department of technology, management, and budget or his or her designee. The individual appointed under this subdivision shall be a voting member.

(7) The governor shall designate 1 or more of the members of the commission to serve as chairperson of the commission who shall serve at the governor's pleasure.

(8) The council created under subsection (6) shall submit recommendations for statewide policy changes and updates no later than March 31, 2017 and shall continue to make recommendations annually thereafter, or more frequently in the commission's discretion.

(6) (9) A person may operate a platoon on a street or highway of this state if the person files a plan for general platoon operations with the department of state police and the state transportation department before starting platoon operations. If the plan is not rejected by either the department of state police or the state transportation department within 30 days after receipt of the plan, the person shall be is allowed to operate the platoon.

(7) (10) All of the following apply to a platoon:

(a) Vehicles in a platoon shall are not be considered a combination of vehicles for purposes of this act.

(b) The lead vehicle in a platoon shall is not be considered to draw the other vehicles.

(c) If the platoon includes a commercial motor vehicle, an appropriately endorsed driver who holds a valid commercial driver license shall be present behind the wheel of each commercial motor vehicle in the platoon.

Sec. 665c. (1) The state transportation department may do all of the following:

(a) Designate a segment of a roadway under its jurisdiction as an automated vehicle roadway.

(b) Designate a lane or ramp of an automated vehicle roadway as an automated vehicle roadway lane.

(c) Require a user fee for the use of an automated vehicle roadway or automated vehicle roadway lane.

(d) Enter into an agreement with an automated vehicle roadway system provider for the design, construction, manufacture, operation, maintenance, or management of an automated vehicle roadway system for a designated automated vehicle roadway or automated vehicle roadway lane. As part of an agreement entered pursuant to this subdivision, the state transportation department may include provisions authorizing the automated vehicle roadway system provider to establish and collect user fees for the use of the automated vehicle roadway or automated vehicle roadway lane. An automated vehicle roadway system provider may use the fees collected pursuant to this subdivision to properly design, construct, manage, operate, or maintain its automated vehicle roadway system.

(2) If the state transportation department designates a segment of roadway as an automated vehicle roadway under subsection (1)(a) or a lane or ramp of an automated vehicle roadway as an automated vehicle roadway lane under subsection (1)(b), any of the following may apply:

(a) The roadway, lane, or ramp may be subject to requirements established by the state transportation department as a condition for use.

(b) The roadway, lane, or ramp may be reserved for the exclusive use of motor vehicles as determined by the state transportation department.

(3) This section supersedes all local ordinances that regulate automated vehicle roadway systems, automated vehicle roadways, automated vehicle roadway lanes, or automated vehicle roadway system providers, except that a local unit of government may adopt an ordinance or enforce an existing ordinance that does not conflict with this section.

Sec. 665d. The Michigan council on future mobility and electrification created under Executive Reorganization Order No. 2020-1, MCL 257.929, may conduct or contract with a third-party vendor to conduct a study that analyzes the impact that the development, construction, or implementation of an automated vehicle roadway, automated vehicle roadway system, or related infrastructure will have on labor and employment in areas within this state where an automated vehicle roadway, automated vehicle roadway system, or related infrastructure is developed, constructed, or implemented.

Sec. 666a. (1) An operator of a motor vehicle or automated motor vehicle shall not operate a motor vehicle or automated motor vehicle on an automated vehicle roadway or automated vehicle roadway lane without complying with section 642(3). A person that violates this subsection is responsible for a civil infraction and may be fined as provided in section 907.

(2) The state transportation department may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement the mechanisms to monitor a segment of roadway that has been designated as an automated vehicle roadway or a lane or ramp of an automated vehicle roadway that has been designated as an automated vehicle roadway lane and to enforce violations of subsection (1).

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