HB2747ham002 100TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 4/25/2017

10000HB2747ham002 LRB100 10521 AXK 25540 a

AMENDMENT TO HOUSE BILL 2747

AMENDMENT NO. ______. Amend House Bill 2747, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Autonomous Vehicle Act.

Section 5. Definitions. For purposes of this Act, the following definitions apply:

"Automated driving system" means hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

"Automated driving system manufacturer" means a person, as defined in Section 1-159 of the Illinois Vehicle Code, that originally manufactures a fully autonomous vehicle or modifies a vehicle to convert it to a fully autonomous vehicle after the vehicle's original manufacture.

"Dynamic driving task" means all of the real-time operational and tactical functions, as defined in SAE J3016, required to operate a vehicle in on-road traffic, except for strategic functions, including, but not limited to, trip scheduling and the selection of destinations and waypoints.

"Fully autonomous vehicle" means a vehicle equipped with an automated driving system designed to function without a human operator as a level 4 or level 5 system under SAE J3016.

"Human operator" means a natural person in a vehicle with the capability to perform the entire dynamic driving task.

"Operational design domain" means a description of the specific operating domain in which an automated driving system is designed to properly operate, including, but not limited to, types of roadways, speed range, environmental conditions, and other domain constraints.

"SAE J3016" means "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles" published by SAE International in September, 2016.

"Secretary" means the Secretary of State.

Section 10. Operation of automated driving system equipped vehicles; requirements. Subject exclusively to the provisions of this Act, a fully autonomous vehicle may operate upon the highways of this State, regardless of whether a human operator is physically present in the fully autonomous vehicle. A fully autonomous vehicle shall comply with applicable traffic and motor vehicle laws of this State and shall bear the required manufacturer's certification label indicating that at the time the vehicle was manufactured, it had been certified to be in compliance with all applicable federal motor vehicle safety standards.

Section 15. Traffic and motor vehicle laws.

(a) When engaged, the automated driving system shall be considered the driver or operator for purposes of assessing conformance to applicable traffic or motor vehicle laws.

(b) When engaged, an automated driving system shall be deemed to satisfy 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 prohibit an automated driving system from being the operator or driver of a motor vehicle.

(c) No motor vehicle laws of this State shall require a licensed human driver to operate a fully autonomous vehicle.

(d) Section 6-101 of the Illinois Vehicle Code shall not apply to an engaged automated driving system or to a person operating a fully autonomous vehicle with the automated driving system engaged.

(e) The owner of a fully autonomous vehicle shall comply with the following:

(1) For a fully autonomous vehicle owned by the automated driving system manufacturer, the automated driving system manufacturer shall:

(A) provide the Secretary with the address of its registered office in this State and the name of its registered agent at that office for service of process;

(B) provide the Secretary evidence of its ability to respond to a judgment or judgments for damages for personal injury, death, or property damage arising from the driving or operation of a fully autonomous vehicle upon the highways of this State in the amount of at least $25,000,000 in the form of:

(i) an instrument of insurance issued by an insurer licensed to issue insurance in this State;

(ii) a surety bond issued by a licensed surety insurer or an eligible surplus lines insurer, but not a deposit in lieu of a bond; or

(iii) self-insurance in a form and manner required by the Secretary; and

(C) for collisions involving a fully autonomous vehicle that occur in this State, consent to the jurisdiction of the courts in this State if jurisdiction is determined to be proper under State law or federal law.

(2) For a fully autonomous vehicle owed by a person who is not the automated driving system manufacturer, the fully autonomous vehicle shall be insured as required under the Illinois Vehicle Code.

(f) The Secretary may, with reasonable notice to the vehicle owner, suspend or revoke the registration of a fully autonomous vehicle if the Secretary determines that the requirements of subsection (e) of this Section are not satisfied or that the fully autonomous vehicle poses an unreasonable risk to public safety.

(g) Liability for accidents involving a fully autonomous vehicle shall be determined as follows:

(1) except as otherwise provided in this subsection (g), liability shall be determined under existing product liability law or common law negligence principles. Nothing in this Act is intended to affect, alter, or amend any right, obligation, liability, or damage apportionment mechanism under existing product liability law, common law negligence, or other applicable law related to liability, or to otherwise contravene or alter rights and duties concerning liability under any existing law, agreement, rule, regulation, or treaty;

(2) for a fully autonomous vehicle that has at all times been maintained in compliance with the manufacturer's specifications and has not been modified without the manufacturer's consent, the manufacturer shall be liable for accidents when the automated driving system technology is: (i) in control of the vehicle at the time of the accident; and (ii) at fault for the accident; and

(3) nothing in this Act is intended to preclude causes of action based on an existing applicable legal theory of liability, including, but not limited to, common law negligence.

(h) An automated driving system shall be deemed to be in compliance with all applicable requirements under Sections 11-401, 11-402, 11-403, 11-404, and 11-407 of the Illinois Vehicle Code if the vehicle owner or person on behalf of the vehicle owner promptly contacts a law enforcement agency to report a crash or if the fully autonomous vehicle alerts a law enforcement agency of the crash. The vehicle owner or person on behalf of the vehicle owner shall inform the law enforcement agency of whether or not the automated driving system was engaged at the time of the crash.

(i) 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 or, if the child's parent or guardian is not present, the person accompanying the child.

(j) The provisions of Section 11-1401 of the Illinois Vehicle Code shall not apply to an automated driving system or fully autonomous vehicle when the automated driving system is engaged.

(k) Except as otherwise provided in this Act, automated driving systems, fully autonomous vehicles, and any commercial use of a fully autonomous vehicle are governed exclusively by this Act.

Section 20. Home rule. The regulation of fully autonomous vehicles is the exclusive power and function of the State. A home rule unit may not regulate fully autonomous vehicles that otherwise comply with all laws of the home rule unit. 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.".