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.


LRB103 27599 MXP 53975 b

 

 

A BILL FOR

 

HB3245LRB103 27599 MXP 53975 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 5-110 as follows:
 
6    (625 ILCS 5/5-110 new)
7    Sec. 5-110. Partial driving automation feature notice
8required.
9    (a) As used in this Section:
10    "Autonomous vehicle" means a motor vehicle that possesses
11the capability, whether it is enabled or not, for automated
12functions to control movement of the vehicle along 2 axes of
13direction simultaneously.
14    "Partial driving automation feature" means a motor vehicle
15support function that possesses the capability of providing
16steering, breaking, acceleration, lane centering, or adaptive
17cruise control support to the driver of the motor vehicle.
18    (b) A dealer or manufacturer shall not sell any new
19passenger vehicle that is equipped with any partial driving
20automation feature, or provide any software update or other
21vehicle upgrade that adds any partial driving automation
22feature, without, at the time of delivering or upgrading the
23vehicle, providing the buyer or owner with a distinct notice

 

 

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1that provides the name of the feature and clearly describes
2the functions and limitations of the feature.
3    (c) A manufacturer or dealer shall not name any partial
4driving automation feature, or describe any partial driving
5automation feature in marketing materials, using language that
6implies or would otherwise lead a reasonable person to
7believe, that the feature allows the vehicle to function as an
8autonomous vehicle or otherwise has functionality not actually
9included in the feature.
10    (d) Compliance with this Section shall not alter any
11existing duty of care or limit the civil liability of a
12manufacturer or dealer, including, but not limited to, claims
13of negligence or product defect.
14    (e) Before delivering a passenger vehicle equipped with a
15partial driving automation feature to a dealer, a manufacturer
16shall provide information to enable the dealer to comply with
17subsection (b). This information shall include specific
18language recommended for the notice required in subsection
19(b). A dealer may reasonably rely on the information provided
20by the manufacturer and a dealer shall not be held in violation
21of subsection (b) if the manufacturer fails to provide this
22information to the dealer or if the information provided is
23deemed to be not in compliance with this Section.
24    (f) A manufacturer shall not be held in violation of
25subsection (b) if the manufacturer provides a dealer with the
26information required under subsection (e) and the dealer fails

 

 

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1to provide the required notice to the buyer or owner.
2    (g) A violation of this Section shall be a business
3offense.