103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2053

 

Introduced 2/7/2023, by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-105.3a new
625 ILCS 5/Ch. 12 Art. X heading new
625 ILCS 5/12-1000 new

    Amends the Illinois Vehicle Code. Defines "autonomous vehicle" as a motor vehicle that possesses the capability (enabled or not) for automated functions to control movement of the vehicle along 2 axes of direction simultaneously. Provides that, before selling or continuing to operate a new or used autonomous vehicle in this State and before updating the software or hardware of any automated driving system on such a vehicle, a manufacturer shall submit to the Department of Transportation documentation regarding the level of driving automation, along with a filing fee in an amount to be determined by the Department. Provides that the Department shall assemble an Automated Driving Systems Review Committee to evaluate submitted documentation and make determinations concerning the level of automated driving capabilities and the suitability of the vehicle for operation on public roads. Provides that an autonomous vehicle classified as having Level 2 Driving Automation may be sold to consumers and registered for use. Provides that the owner of the automated vehicle shall file an annual report with the Department of Transportation stating the number of miles driven per year, the estimated number of miles driven using equipped automated driving systems, and any collisions that occurred involving the vehicle. Prohibits the sale or operation of autonomous vehicles classified as having Level 3, 4, or 5 Driving Automation. Provides that a resident may file a request for the Automated Driving Systems Review Committee to review an existing vehicle sold or registered in this State, and that the Secretary of State shall receive and investigate complaints of a dealer selling a vehicle prohibited for sale under the new provisions. Provides that a person who operates a prohibited vehicle is guilty of a Class A misdemeanor and that such a vehicle is subject to impoundment. Provides penalties for the unauthorized sale or modification of an autonomous vehicle.


LRB103 25147 HEP 51486 b

 

 

A BILL FOR

 

HB2053LRB103 25147 HEP 51486 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 1-105.3a and by adding Article X to Chapter 12 as
6follows:
 
7    (625 ILCS 5/1-105.3a new)
8    Sec. 1-105.3a. Autonomous vehicle. A motor vehicle that
9possesses the capability (enabled or not) for automated
10functions to control movement of the vehicle along 2 axes of
11direction simultaneously.
 
12    (625 ILCS 5/Ch. 12 Art. X heading new)
13
ARTICLE X. SPECIAL REQUIREMENTS FOR
14
AUTONOMOUS VEHICLES

 
15    (625 ILCS 5/12-1000 new)
16    Sec. 12-1000. Autonomous vehicles.
17    (a) Before selling or continuing to operate a new or used
18autonomous vehicle in this State and before updating the
19software or hardware of any automated driving system on such a
20vehicle, a manufacturer shall submit to the Department of
21Transportation documentation regarding the level of driving

 

 

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1automation per the guidelines set forth in document J3016 Rev
2APR2021 from the Society of American Engineers, along with a
3filing fee in an amount to be determined by the Department. The
4documentation shall include the make and model of the vehicle
5and any technical data relevant to the capabilities of the
6automated driving systems installed, regardless of whether the
7system is enabled, along with manufacturers and third party
8testing results regarding collision avoidance and detection of
9all road users including pedestrians, bicycles, motorcycles,
10equestrians, and pedestrians in wheelchairs. The manufacturer
11shall provide this data for all 4 seasons of weather and for
12performance during rain, snow, fog, nighttime, and any other
13known hazardous conditions.
14    (b) The Department shall assemble an Automated Driving
15Systems Review Committee consisting of the following:
16        (1) 5 Department employees with specialties in traffic
17    safety;
18        (2) one representative from the public from each the
19    following:
20            (A) a pedestrian access group;
21            (B) a bicycle advocacy group;
22            (C) a disability advocate group; and
23            (D) an equestrian advocacy group; and
24        (3) one representative appointed by a statewide
25    organization representing motorcyclists.
26    (c) The Committee created under this Section shall review

 

 

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1the documentation provided by the manufacturer, along with any
2other publicly available documentation, including, but not
3limited to, videos, photos, advertisements, and marketing
4information about the vehicle, and make a determination
5concerning (i) the level of automated driving under document
6J3016 Rev APR2021 from the Society of American Engineers; and
7(ii) the suitability of the autonomous vehicle to be used on
8publicly accessible roads in this State. This determination
9shall be made within 30 days of the application for a new
10vehicle or updates to hardware, and 15 days for an update to
11software. The Department shall maintain a publicly available
12list of vehicles and determined level of driving automation,
13including the latest-approved hardware and software versions
14for each vehicle.
15    (d) An autonomous vehicle classified as having Level 2
16Driving Automation may be sold to consumers and registered for
17use by residents in Illinois. The owner of the automated
18vehicle shall file an annual report with the Department of
19Transportation stating the number of miles driven per year,
20the estimated number of miles driven using equipped automated
21driving systems, and any collisions that occurred involving
22the vehicle. Each owner must supply proof of a filed report
23prior to renewing annual registration and upon request by a
24member of law enforcement during the normal course of a
25traffic stop or crash investigation.
26    (e) An autonomous vehicle classified as having Level 3, 4,

 

 

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1or 5 Driving Automation may not be sold to consumers in this
2State. Such vehicles may be registered by a manufacturer for
3the purpose of transportation on public roads to and from
4closed circuit testing facilities within this State using
5trained drivers who are employees or contractors of the
6manufacturer. A vehicle having Level 3, 4, or 5 Driving
7Automation, including a vehicle registered in another state,
8is prohibited from using an automated driving system while on
9a public road in this State. If a vehicle having Level 3, 4, or
105 Driving Automation was sold in this State prior to the
11effective date of this amendatory Act of the 103rd General
12Assembly, then the manufacturer shall take steps to recall and
13disable all automated driving systems on the affected vehicle.
14Manufacturers, the Department of Transportation, and the
15Secretary of State shall work to identify any currently
16registered vehicles in this state that are classified as
17having Level 3, 4, or 5 Driving Automation. A manufacturer
18shall reimburse consumers for any additional costs associated
19with automated driving systems that were sold at the time of
20vehicle purchase and later disabled under this Section.
21    (f) Any resident of this State may file a request for the
22Automated Driving Systems Review Committee to review an
23existing vehicle sold or registered in this State. The request
24shall include the year, manufacturer, model, and documentation
25of automated driving systems or tools that the resident
26believes makes the vehicle subject to the requirements of this

 

 

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1Section. The Secretary of State shall receive and investigate
2complaints of a dealer selling a vehicle prohibited for sale
3under this Section.
4    (g) A person operating a vehicle in violation of this
5Section is guilty of a Class A misdemeanor. If the vehicle is
6registered in this State, it shall be impounded by law
7enforcement until recalled and remedied by the manufacturer or
8dealer. The owner of the vehicle shall be liable for any
9impoundment fees. Any dealer offering a vehicle prohibited
10from sale or operation on roads of this State for sale or
11delivery in this State shall be fined $1,500 per day per
12individual vehicle that is offered for sale in violation of
13this Section. Any manufacturer who modifies or updates the
14software or hardware of a vehicle subject to this Section
15without submitting the modifications to the Automated Driving
16Systems Review Committee and waiting for its determination
17before making modifications shall be fined $25,000 per vehicle
18for each day the violation continues.
19    (h) Autonomous vehicles that were registered with the
20Secretary of State before the effective date of this
21amendatory Act of the 103rd General Assembly shall have 90
22days after the effective date to comply with the requirements
23of this Section.