HB2913 103RD GENERAL ASSEMBLY

LRB103 30132 MXP 56556 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2913

Introduced 2/16/2023, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

New Act

Creates the Safe Autonomous Vehicle Act. Provides definitions. Provides that upon notification to the Secretary of State, a Motor Vehicle Manufacturer may commence a safe autonomous vehicle project with a vehicle installed with an Automated Driving System after providing notification to the Secretary of State and after self-certification under certain conditions. Provides that the Manufacturer shall determine the geographical boundaries of the project and shall maintain incident records and provide periodic summaries to the Secretary of State and the National Highway Traffic Safety Administration. Provides that the Participating Fleet in the program shall be insured by the Manufacturer who shall assume liability for incidents where the automated driving system technology is at fault for that incident. Provides that any person operates a vehicle with automated driving system technology without first satisfying the eligibility requirements in the Act shall be fined $10,000 for a first violation and a second or subsequent violation is a Class A misdemeanor. Preempts home rule powers. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Safe Autonomous Vehicle (SAVE) Act.

Section 5. Definitions. As used in this Act:

"Automated Driving System" (ADS) means technology installed on a motor vehicle that has the capability, on a part-time or full-time basis, to drive the vehicle without the need for supervision of the driving environment by a human driver or operator, whether or not a human driver or operator is in the vehicle.

"Automatic Crash Notification Technology" means a vehicle service integrating wireless communications and vehicle location technology for the purpose of determining the need for or facilitating emergency medical response in the event of a vehicle crash.

"Motor Vehicle Manufacturer" means a person who has manufactured and distributed motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards and that has submitted appropriate manufacturer identification information to the National Highway Traffic Safety Administration under 49 CFR part 566. "Motor Vehicle Manufacturer" also means a person who:

(1) has manufactured ADS equipped vehicles in the United States that are certified to comply with all applicable federal and state laws;

(2) has operated ADS equipped vehicles using a test driver and with an automated driving system on public roads in the United States for at least 1,000,000 miles; and

(3) has obtained an instrument of insurance, surety bond, or proof of self-insurance in the amount of at least $10,000,000, and has provided evidence of that insurance, surety bond, or self-insurance to the Department in a form and manner required by the Department.

"On-Demand Automated Motor Vehicle Network" means a digital network, software application, or other means to connect passengers to ADS equipped fleet vehicles for transportation between points chosen by the passenger.

"Participating Fleet" means those ADS equipped vehicles that are operating on the public roads and highways in a SAVE Project.

"SAVE project" means an initiative authorizing eligible Motor Vehicle Manufacturers to make ADS equipped vehicles available to the public for operation on the public roads and highways of this State in a manner to be determined by such Motor Vehicle Manufacturers that is consistent with all of the provisions under this Act. Such operation may include, but is not limited to, making an On-Demand Automated Vehicle Network available to the public.

"Two-Way Vehicle Communication Technology" means a vehicle service provided through a wireless communication device embedded in a vehicle that enables two-way communication between a vehicle occupant and the vehicle manufacturer.

Section 10. SAVE Project commencement; boundaries and data collection.

(a) Commencement.

(1) A Motor Vehicle Manufacturer's eligibility to participate in a SAVE project is conditioned solely upon meeting the requirements under Section 15 of this Act.

(2) A SAVE Project may be commenced by a Motor Vehicle Manufacturer at any time after it provides notification to the Secretary of State of self-certification under Section 15 of this Act. A Motor Vehicle Manufacturer's notification to the Department shall also set forth the geographical boundaries for the SAVE project as described in subsection (b) of this Act.

(3) Any Motor Vehicle Manufacturer may engage in multiple SAVE projects under this subsection (a).

(b) SAVE project boundaries. A Motor Vehicle Manufacturer shall determine the geographical boundaries for a SAVE project, which may include, but are not limited to, a designated area on the public roads or highways of this State, including, but not limited to, a municipality, areas maintained by regional authorities, university campuses, developments catering to senior citizens, or other similar geographic and demographic areas. The public operation of the Participating Fleets shall be confined to the boundaries selected by a Motor Vehicle Manufacturer.

(c) Data collection. For the duration of a SAVE project, any participating Motor Vehicle Manufacturer shall maintain incident records and provide periodic summaries to the Department and the National Highway Traffic Safety Administration (NHTSA) related to safety for the Participating Fleet.

(d) Disclosure and consent. Individuals participating in any SAVE Project are deemed to consent to the collection of such data while they are in the vehicle and to the later provision of anonymized data summaries to the Department and NHTSA. Prior to the commencement of and during a SAVE Project, any participating Motor Vehicle Manufacturer shall make publicly available a privacy statement disclosing its data handling practices in connection with the applicable Participating Fleet.

Section 15. SAVE project eligibility. Only Motor Vehicle Manufacturers are eligible to participate in a SAVE Project and they are responsible for the safe operation of the Participating Fleet. In order for a Motor Vehicle Manufacturer to be authorized to participate in a SAVE Project, it must self-certify to the conditions set forth below:

(a) the Participating Fleet is owned or controlled by the Motor Vehicle Manufacturer and is equipped with the following attributes:

(1) Automated Driving Systems;

(2) Automatic Crash Notification Technology;

(3) a data recording system with capacity to record the ADS system status and other vehicle attributes such as speed, direction, and location at a specified time period determined by the Motor Vehicle Manufacturer prior to a crash; and

(4) Two-Way Vehicle Communication Technology;

(b) the Participating Fleet complies with all applicable federal and State laws; and

(c) subject to Section 20 of this Act, the vehicles in the Participating Fleet are capable of being operated in compliance with applicable traffic and motor vehicle laws of this State.

Section 20. Traffic and motor vehicle laws.

(a) When engaged, the ADS shall be considered the driver or operator for purposes of assessing conformance to applicable traffic or motor vehicle laws, and shall be deemed to be validly licensed to operate a motor vehicle under Section 6-101 of the Illinois Vehicle Code and Section 15 of the Transportation Network Providers Act; and shall be deemed to satisfy all the applicable requirements to be licensed under the Illinois Vehicle Code and 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 be construed as prohibiting an ADS from being the operator or driver of a motor vehicle, and no motor vehicle laws of this State shall be construed as requiring a licensed human driver to operate a vehicle that is being operated by an ADS under this Section.

(b) SAVE project vehicles shall be insured by the applicable Motor Vehicle Manufacturer consistent with the Illinois Insurance Code.

(c) For a SAVE project in which the ADS is in control of the vehicle, the applicable Motor Vehicle Manufacturer shall assume liability for incidents where the ADS technology is at fault for such incident, but in all cases consistent with existing insurance law and other laws.

(d) A Motor Vehicle Manufacturer is immune from any liability for damages that arise out of any modification made by another person to a vehicle manufactured by the Motor Vehicle Manufacturer, or a system or component of the vehicle installed by the manufacturer, or to any ADS or automated technology, without the Motor Vehicle Manufacturer's written consent.

(e) An ADS installed on a motor vehicle that is equipped with Automatic Crash Notification Technology shall be deemed to be in compliance with all applicable requirements under Article IV of Chapter 11 of the Illinois Vehicle Code if the Automatic Crash Notification Technology allows a representative of the Motor Vehicle Manufacturer to promptly connect with law enforcement to report the crash.

(f) 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.

(g) The provisions of Section 11-1401 of the Illinois Vehicle Code shall not apply to an ADS installed on a vehicle in a Participating Fleet.

(h) Except as otherwise provided in this Act, SAVE Projects are governed exclusively by this Act.

Section 25. Enforcement.

(a) Notwithstanding Section 10 of this Act, any person who operates or has operated an ADS-operated vehicle on a public road or highway in this State or another state or territory of the United States without satisfying the applicable eligibility requirements, or in express violation of a statute or regulation requiring a valid driver's license, permit, or other applicable form of authority to operate a motor vehicle, shall not operate an ADS-operated vehicle in this state.

(b) Evidence.

(1) A copy of the citation or other official documentation, notice, or information indicating operation without a valid driver's license, permit, or other applicable form of authority to operate, a motor vehicle shall constitute sufficient evidence to prove violation.

(2) A vehicle operating on public roads without a human driver present in the vehicle shall be presumed to be equipped with ADS and subject to the requirements of this Act.

(c) Any person who violates subsection (a) of this Section is subject to a fine of $ 10,000.

(d) A second or subsequent violation of subsection (a) of this Section is a Class A misdemeanor.

Section 30. Home rule. The regulation of SAVE projects is the exclusive power and function of the State. A home rule unit may not regulate SAVE projects. 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.