Bill Text: MI SB0995 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Traffic control; traffic regulation; autonomous driving; allow under certain conditions. Amends secs. 2b, 602b, 643, 643a & 665 of 1949 PA 300 (MCL 257.2b et seq.); adds secs. 40c, 606b & 665a & repeals sec. 663 of 1949 PA 300 (MCL 257.663).
Spectrum: Slight Partisan Bill (Republican 24-10)
Status: (Passed) 2016-12-13 - Assigned Pa 0332'16 With Immediate Effect [SB0995 Detail]
Download: Michigan-2015-SB0995-Engrossed.html
SB-0995, As Passed Senate, September 7, 2016
SUBSTITUTE FOR
SENATE BILL NO. 995
<<A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL 257.2b,
257.204a, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665
as added and section 602b as amended by 2013 PA 231, and by adding
sections 40c, 606b, and 665a; and to repeal acts and parts of acts.>>
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)
(1) "Automated motor vehicle" means a motor
vehicle on
which
an automated technology driving
system has been installed,
either
by a manufacturer of automated technology 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 the technology is installed to operate
without any control or monitoring by an operator.
(3) (2)
"Automated technology"
means technology installed on a
motor vehicle that has the capability to assist, make decisions
for,
or replace an a human operator.
(3)
"Automatic mode" means the mode of operating an automated
motor
vehicle when automated technology is engaged to enable the
motor
vehicle to operate without any control or monitoring by an
operator.
(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.
(5) (4)
"Manufacturer of automated technology"
driving
systems" means a manufacturer or subcomponent system producer
recognized by the secretary of state that develops or produces
automated
technology driving systems
or automated vehicles.
(6) "Mobility research center" means a facility operated under
an agreement between this state, a local unit of government, and a
Michigan university 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, automated driving systems, or automated motor
vehicles to increase mobility options.
(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.
(8) "On-demand automated motor vehicle network" means a
digital network or software application used to connect passengers
Senate Bill No. 995 as amended September 6, 2016 (1 of 2)
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
without any control or monitoring by a human operator.
(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 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, that are supplied
or controlled by a motor vehicle manufacturer.
(10) "SAVE project" means an initiative that authorizes
eligible motor vehicle manufacturers to make available to the
public on-demand automated vehicle networks as provided in section
665b.
(11) (5)
"Upfitter" means a person
that modifies a motor
vehicle after it was manufactured by installing an automated
technology
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 technology.driving
systems.
Sec. 40c. "Platoon" means a group of individual motor vehicles
that are traveling in a unified manner at electronically
coordinated speeds.
<<Sec. 204a. (1) The secretary of state shall create and maintain a computerized central file that provides an individual historical driving record for a natural person with respect to all of the following:
(a) A license issued to the person under chapter 3.III.
(b) A conviction, civil infraction determination, or other licensing action that is entered against the person for a violation of
Senate Bill No. 995 as amended September 6, 2016 (2 of 2)
this act or a local ordinance substantially corresponding to a provision of this act, or that is reported to the secretary of state by another jurisdiction.
(c) A failure of the person, including a nonresident, to comply with a suspension issued pursuant to section 321a.
(d) A cancellation, denial, revocation, suspension, or restriction of the person's operating privilege, a failure to pay a department of state driver responsibility fee, or other licensing action regarding that person, under this act or that is reported to the secretary of state by another jurisdiction. This subdivision also applies to nonresidents.
(e) An accident in which the person is involved.
(f) A conviction of the person for an offense described in section 319e.
(g) Any driving record requested and received by the secretary of state under section 307.
(h) Any notice given by the secretary of state and the information provided in that notice under section 317(3) or (4).
(i) Any other information received by the secretary of state regarding the person that is required to be maintained as part of the person's driving record as provided by law.
(2) A secretary of state certified computer-generated or paper copy of an order, record, or paper maintained in the computerized central file of the secretary of state is admissible in evidence in the same manner as the original and is prima facie proof of the contents of and the facts stated in the original.
(3) An order, record, or paper generated by the computerized central file of the secretary of state may be certified electronically by the generating computer. The certification shall be a certification of the order, record, or paper as it appeared on a specific date.
(4) A court or the office of the clerk of a court of this state which is electronically connected by a terminal device to the computerized central file of the secretary of state may receive into and use as evidence in any case the computer-generated certified information obtained by the terminal device from the file. A duly authorized employee of a court of record of this state may order a record for an individual from a secretary of state computer terminal device located in, and under the control of, the court, and certify in writing that the document was produced from the terminal and that the document was not altered in any way.
(5) After receiving a request for information contained in records maintained under this section, the secretary of state shall provide the information, in a form prescribed by the secretary of state, to any of the following:
(a) Another state.
(b) The United States secretary of transportation.
(c) The person who is the subject of the record.
(d) A motor carrier employer or prospective motor carrier employer, but only if the person who is the subject of the record is first notified of the request as prescribed by the secretary of state.
(e) An authorized agent of a person or entity listed in subdivisions (a) to (d).>>
Sec. 602b. (1) Except as otherwise provided in this section, a
person shall not read, manually type, or send a text message on a
wireless 2-way communication device that is located in the person's
hand or in the person's lap, including a wireless telephone used in
cellular telephone service or personal communication service, while
operating a motor vehicle that is moving on a highway or street in
this state. As used in this subsection, a wireless 2-way
communication device does not include a global positioning or
navigation
system that is affixed to the motor vehicle. Beginning
October
28, 2013, this This subsection does not apply to a person
operating a commercial vehicle.
(2) Except as otherwise provided in this section, a person
shall not read, manually type, or send a text message on a wireless
2-way communication device that is located in the person's hand or
in the person's lap, including a wireless telephone used in
cellular telephone service or personal communication service, while
operating a commercial motor vehicle or a school bus on a highway
or street in this state. As used in this subsection, a wireless 2-
way communication device does not include a global positioning or
navigation system that is affixed to the commercial motor vehicle
or
school bus. This subsection applies beginning October 28, 2013.
(3) Except as otherwise provided in this section, a person
shall not use a hand-held mobile telephone to conduct a voice
communication while operating a commercial motor vehicle or a
school bus on a highway, including while temporarily stationary due
to traffic, a traffic control device, or other momentary delays.
This subsection does not apply if the operator of the commercial
vehicle or school bus has moved the vehicle to the side of, or off,
a highway and has stopped in a location where the vehicle can
safely remain stationary. As used in this subsection, "mobile
telephone" does not include a 2-way radio service or citizens band
radio
service. This subsection applies beginning October 28, 2013.
As used in this subsection, "use a hand-held mobile telephone"
means 1 or more of the following:
(a) Using at least 1 hand to hold a mobile telephone to
conduct a voice communication.
(b) Dialing or answering a mobile telephone by pressing more
than a single button.
(c) Reaching for a mobile telephone in a manner that requires
a driver to maneuver so that he or she is no longer in a seated
driving position, restrained by a seat belt that is installed as
required by 49 CFR 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.
(4) Subsections (1), (2), and (3) do not apply to an
individual who is using a device described in subsection (1) or (3)
to do any of the following:
(a) Report a traffic accident, medical emergency, or serious
road hazard.
(b) Report a situation in which the person believes his or her
personal safety is in jeopardy.
(c) Report or avert the perpetration or potential perpetration
of a criminal act against the individual or another person.
(d) Carry out official duties as a police officer, law
enforcement official, member of a paid or volunteer fire
department, or operator of an emergency vehicle.
(e) Operate or program the operation of an automated motor
vehicle
while testing or operating the automated motor vehicle in
compliance
with section 665, if that automated motor vehicle
displays
a special plate issued under section 224(3) in the manner
required
under section 225.without a
human operator.
(5) Subsection (1) does not apply to a person using an on-
demand automated motor vehicle network.
(6) (5)
An individual who violates this
section is responsible
for a civil infraction and shall be ordered to pay a civil fine as
follows:
(a) For a first violation, $100.00.
(b) For a second or subsequent violation, $200.00.
(7) (6)
This section supersedes all local
ordinances
regulating the use of a communications device while operating a
motor vehicle in motion on a highway or street, except that a unit
of local government may adopt an ordinance or enforce an existing
ordinance substantially corresponding to this section.
Sec. 606b. (1) As provided in this act, an on-demand automated
motor vehicle network may be operated on a highway, road, or street
in this state.
(2) A local unit of government shall not impose a local fee,
registration, franchise, or regulation upon an on-demand automated
motor vehicle network. This subsection does not apply after
December 31, 2022.
Sec.
643. (1) The driver operator
of a motor vehicle shall not
follow another vehicle more closely than is reasonable and prudent,
having due regard for the speed of the vehicles and the traffic
upon , and the condition of , the highway.
(2)
A Except as provided in
subsection (4), a person shall not
operate a motor vehicle with a gross weight, loaded or unloaded, in
excess of 5,000 pounds outside the corporate limits of a city or
village, within 500 feet of a like vehicle described in this
subsection, moving in the same direction, except when overtaking
and passing the vehicle.
(3)
A Except as provided in
subsection (4), a distance of not
less than 500 feet shall be maintained between 2 or more driven
vehicles being delivered from 1 place to another.
(4) Subsections (2) and (3) do not apply to a vehicle in a
platoon.
(5) (4)
A person who violates this section
is responsible for
a civil infraction.
Sec.
643a. (1) The driver operator
of a truck or truck
tractor, when traveling upon a highway outside of a business or
residence district, when conditions permit, shall leave sufficient
space between the vehicle and another truck or truck tractor so
that an overtaking vehicle may enter and occupy the space without
danger. ,
except that this shall This
subsection does not prevent
the
driver operator of a truck or truck tractor from overtaking and
passing another truck, truck tractor, or other vehicle in a lawful
manner.
(2) When traveling upon a highway, the operator of a truck or
truck tractor that is in a platoon shall allow reasonable access
for other vehicles to afford those vehicles safe movement among
lanes to exit or enter the highway.
(3) (2)
A person who violates this section
is responsible for
a civil infraction.
Sec. 665. (1) Before beginning research or testing of an
automated motor vehicle, technology that allows a motor vehicle to
operate
without a human operator, or any
automated technology
driving system installed in a motor vehicle under this section, the
manufacturer
of automated technology 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 technology 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 technology.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 is present in the vehicle while it is being
operated
on a highway or street of this state and that 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, immediately
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 be
capable of achieving a minimal risk condition.
(c) The individual operating the vehicle under subdivision (a)
and
the individual who is present in monitoring the vehicle for
purposes
of subdivision (b) are licensed to may lawfully operate a
motor vehicle in the United States.
(3)
No later than February 1, 2016, the state transportation
department
in consultation with the secretary of state and experts
from
various sizes of automobile manufacturing and automated
technology
manufacturing industries shall submit a report to the
senate
standing committees on transportation and economic
development
and to the house of representatives standing committees
on
transportation and commerce recommending any additional
legislative
or regulatory action that may be necessary for the
continued
safe testing of automated motor vehicles and automated
technology
installed in motor vehicles.
(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 considered the driver
Senate Bill No. 995 as amended September 6, 2016
or operator of a vehicle for purposes of determining conformance to
any 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.
(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 the 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.
Senate Bill No. 995 as amended September 6, 2016
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.
(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 allowed to operate the platoon.
(10) All of the following apply to a platoon:
(a) Vehicles in a platoon shall not be considered a
combination of vehicles for purposes of this act.
(b) The lead vehicle in a platoon shall 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. 665a. A manufacturer of automated technology or an
automated driving system is immune from civil liability for damages
that arise out of any modification made to a motor vehicle, an
automated motor vehicle, an automated driving system, or automated
technology by another person without the manufacturer of automated
technology's consent, as provided in section 2949b of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2949b.
Enacting section 1. Section 663 of the Michigan vehicle code,
1949 PA 300, MCL 257.663, is repealed.
