HB3245 103RD GENERAL ASSEMBLY

LRB103 27599 MXP 53975 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3245

Introduced 2/17/2023, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

625 ILCS 5/5-110 new

Amends Illinois Vehicle Code. Provides that a dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature without giving notice of the functions and limitation of the features to the buyer or owner. Provides that a manufacturer or dealer shall not use language in its marketing material that implies that a partial driving automation feature is fully autonomous or otherwise has functionality not actually included in the feature. Provides that compliance with the provisions shall not limit the civil liability for claims arising out of negligence or product defect. Requires a manufacturer to provide information to enable the dealer to comply with the buyer's notice. Provides that a violation of the provisions shall be a business offense.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 5-110 as follows:

(625 ILCS 5/5-110 new)

Sec. 5-110. Partial driving automation feature notice required.

(a) As used in this Section:

"Autonomous vehicle" means a motor vehicle that possesses the capability, whether it is enabled or not, for automated functions to control movement of the vehicle along 2 axes of direction simultaneously.

"Partial driving automation feature" means a motor vehicle support function that possesses the capability of providing steering, breaking, acceleration, lane centering, or adaptive cruise control support to the driver of the motor vehicle.

(b) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of the feature and clearly describes the functions and limitations of the feature.

(c) A manufacturer or dealer shall not name any partial driving automation feature, or describe any partial driving automation feature in marketing materials, using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle or otherwise has functionality not actually included in the feature.

(d) Compliance with this Section shall not alter any existing duty of care or limit the civil liability of a manufacturer or dealer, including, but not limited to, claims of negligence or product defect.

(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subsection (b). This information shall include specific language recommended for the notice required in subsection (b). A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subsection (b) if the manufacturer fails to provide this information to the dealer or if the information provided is deemed to be not in compliance with this Section.

(f) A manufacturer shall not be held in violation of subsection (b) if the manufacturer provides a dealer with the information required under subsection (e) and the dealer fails to provide the required notice to the buyer or owner.

(g) A violation of this Section shall be a business offense.