Bill Text: NJ S3877 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes permitting process for testing highly automated vehicles in NJ; establishes Highly Automated Vehicle Interagency Advisory Committee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-11-08 - Referred to Senate Budget and Appropriations Committee [S3877 Detail]
Download: New_Jersey-2020-S3877-Introduced.html
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Establishes permitting process for testing highly automated vehicles in NJ; establishes Highly Automated Vehicle Interagency Advisory Committee.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning highly automated vehicles and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Automated driving system" means the hardware and software that are collectively capable of performing all aspects of the dynamic driving task within its specific operational design domain, if any.
"Commission" means the New Jersey Motor Vehicle Commission.
"Committee" means the Highly Automated Vehicle Interagency Advisory Committee established pursuant to section 3 of P.L. , c, (C. ) (pending before the Legislature as this bill).
"Dynamic driving task" means the operational aspects of driving a motor vehicle and the tactical aspects of driving a motor vehicle, but not the strategic aspects of the driving task.
"Highly automated vehicle" means a motor vehicle equipped with an automated driving system capable of performing all aspects of the dynamic driving task within its operational design domain, if any, including achieving a minimal risk condition, without any intervention or supervision by a conventional human driver.
"Highly automated vehicle tester" means any natural person, firm, co-partnership, association, or corporation that has received a permit from the commission authorizing the natural person, firm, co-partnership, association, or corporation to test highly automated vehicles on public roadways in New Jersey.
"Highly automated vehicle testing permit" means a letter issued and signed by the Chief Administrator of the New Jersey Motor Vehicle Commission granting a highly automated vehicle tester permission to test highly automated vehicles on New Jersey public roadways in a manner consistent with the information presented in the permit application and any conditions imposed as part of the permitting process.
"Minimal risk condition" means an operating mode where an automated driving system brings a highly automated vehicle to a safe stop or safe operating condition because of an automated driving system malfunction, a failed request for a safety driver to intervene, or other occurrence that prohibits the automated driving system from fully and completely performing the dynamic driving task.
"Operational aspects of driving a vehicle" include but are not limited to steering, braking, accelerating, monitoring the vehicle, and monitoring the roadway.
"Operational design domain" means the definition of the conditions in which the automated driving system, or the differing automated components thereof, is intended to operate with respect to public road types, geographical location, speed, range, lighting conditions for operation, weather conditions, and other operational domain constraints, including a description of how the automated driving system provides for object and event detection and response under normal driving scenarios, expected hazards, and unspecified events that could occur within the operational domain.
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.
"Strategic aspect of the driving task" includes but is not limited to determining destinations and waypoints,
"Tactical aspects of driving a vehicle" include but are not limited to responding to events on the roadway and determining when to change lanes, turn, and use signals.
"Test" means the operation of a highly automated vehicle on public roadways for the purpose of assessing, demonstrating, and validating the highly automated vehicle's capabilities.
2. a. Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, the New Jersey Motor Vehicle Commission shall establish a procedure for the application for and issuance of a highly automated vehicle testing permit to test highly automated vehicles on public roadways in the State. The commission shall consult the Highly Automated Vehicle Interagency Advisory Committee established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) in determining whether to approve or deny an application for a highly automated vehicle testing permit.
b. A person or entity shall not test or operate highly automated vehicles on public roadways in this State unless the person or entity has received and maintains a valid highly automated vehicle testing permit from the commission.
c. The commission shall issue
a highly automated vehicle testing permit to a highly automated vehicle tester
that holds valid approval from another state to test highly automated vehicles
in that state. The commission shall issue a highly automated vehicle testing
permit pursuant to this subsection only if the standards and requirements to
test highly automated vehicles in the other state are similar to the standards
and requirements established by the commission to test highly automated
vehicles in this State, as determined by the commission in consultation with
the Highly Automated Vehicle Interagency Advisory Committee established
pursuant to section 3 of P.L. , c. (C. ) (pending before the
Legislature as this bill).
3. a. There is established in, but not of, the Department of Transportation, a Highly Automated Vehicle Interagency Advisory Committee for the purpose of encouraging the safe testing of highly automated vehicles in this State by fostering collaboration between State government and stakeholders and promoting public acceptance of highly automated vehicles, which shall consist of 13 voting members as follows:
(1) the Commissioner of Transportation, ex officio, or the commissioner's designated representative;
(2) the Chief Administrator of the New Jersey Motor Vehicle Commission, ex officio, or the chief administrator's designated representative;
(3) the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, ex officio, or the director's designated representative;
(4) the Commissioner of the Department of Human Services, ex officio, or the commissioner's designated representative;
(5) the Executive Director of the New Jersey Transit Corporation, ex officio, or the executive director's designated representative;
(6) the Commissioner of the Department of Banking and Insurance, ex officio, or the commissioner's designated representative;
(7) the Superintendent of the Division of State Police, ex officio, or the superintendent's designated representative;
(8) the Chief Executive Officer of the New Jersey Economic Development Authority, ex officio, or the chief executive officer's designated representative;
(9) the Commissioner of the Department of Labor and Workforce Development, ex officio, or the commissioner's designated representative; and
(10) four members of the public to be appointed by the Governor, in consultation with the Commissioner of Transportation, one who has expertise in the design and operation of highly automated vehicles and one who has expertise in policy and regulation concerning the operation of highly automated vehicles on public roadways.
b. The public members shall serve for a term of four years from the date of their appointment and until their successors are appointed and qualified. Any vacancy in the membership of the committee shall be filled by appointment in the same manner as the original appointment, but for the unexpired term only.
c. The committee shall organize as soon as possible after the appointment of a majority of the committee's members and shall elect from among its members a chairperson and a vice-chairperson.
d. The committee shall adopt by-laws for the regulation of its affairs and the conduct of its business.
e. The committee shall meet at least four times per year and shall comply with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
4. The purpose of the committee shall be to study, examine, and review the testing and use of highly automated vehicles in New Jersey and to advise the Governor, Legislature, and various State agencies on policies, programs, research, and priorities to advance the use and testing of highly automated vehicles throughout the State. To fulfill this purpose, the committee shall:
a. review and provide a recommendation on each application for a highly automated vehicle testing permit;
b. meet with highly automated vehicle testers on a quarterly basis, or more often as necessary, to monitor safety performance, discuss lessons learned, and address any issues and concerns related to testing in New Jersey;
c. make recommendations as needed to the Governor and Legislature regarding policy, regulations, and other matters pertaining to highly automated vehicle testing and operation in New Jersey; and
d. perform other functions deemed appropriate by the committee to fulfill its duties under P.L. , c. (C. ) (pending before the Legislature as this bill).
5. The committee shall be entitled to call to its assistance and avail itself of the services of officials and employees of the State and its political subdivisions and their departments, boards, bureaus, commissions, and agencies as it may require and as may be available to it for the purposes of the committee and may expend those funds as may be appropriated or otherwise made available to it for the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. The committee shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature concerning its activities pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) no later than one year following the first meeting of the committee. Thereafter, the committee shall submit annually a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature concerning its activities pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. The Chief Administrator of the New Jersey Motor Vehicle Commission shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. This act shall take effect on the first day of the 13th month after enactment. The Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory actions as may be necessary for the timely implementation of this act.
STATEMENT
This bill requires the New Jersey Motor Vehicle Commission (commission) to establish a procedure for the application for and issuance of highly automated vehicle testing permits to test highly automated vehicles on public roadways in New Jersey. The commission is required to consult the Highly Automated Vehicle Interagency Advisory Committee in determining whether to approve or deny an application for a highly automated vehicle testing permit.
The commission is required to issue a highly automated vehicle testing permit to a highly automated vehicle tester that holds valid approval from another state to test highly automated vehicles, provided that the standards and requirements established by the other state to test highly automated vehicles are similar to those established by the commission.
The bill establishes the Highly Automated Vehicle Interagency Advisory Committee (committee) to encourage the safe testing of highly automated vehicles in New Jersey by fostering collaboration between State government and stakeholders and promoting public acceptance of highly automated vehicles. The committee is to study, examine, and review the testing and use of highly automated vehicles in New Jersey and to advise the Governor, Legislature, and various State agencies on policies, programs, research, and priorities to advance the use and testing of highly automated vehicles throughout the State. The committee is required to submit a report annually to the Governor and Legislature concerning its activities.
