Regular Session 2017-2018 Senate Bill 0427 P.N. 0396

PRINTER'S NO. 396

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

427

Session of

2017

INTRODUCED BY VULAKOVICH, FONTANA, COSTA, RAFFERTY, SABATINA,

BLAKE, BREWSTER, BROWNE, LEACH AND TARTAGLIONE,

FEBRUARY 24, 2017

REFERRED TO TRANSPORTATION, FEBRUARY 24, 2017

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in operation of vehicles, providing for highly

automated vehicles and platooning testing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 36

HIGHLY AUTOMATED VEHICLES AND PLATOONING TESTING

Subchapter

A. Preliminary Provisions

B. Testing Authorization

C. Testing

D. Inspections

E. Registration and Titles

F. Liability

G. Platooning

H. Statement of Policy

I. Penalties

J. Confidentiality

K. Highly Automated Vehicle Safety Advisory Committee

L. Preemption of Local Ordinances

M. Reporting

N. Reciprocity

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

3601. Definitions.

§ 3601. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Automated vehicle tester." A manufacturer, educational or

research institution, automotive equipment or technology

provider, fleet operator or owner, natural person, firm,

copartnership, association or corporation that tests a highly

automated vehicle or platooning on a trafficway.

"Commission." The Pennsylvania Turnpike Commission.

"Committee." The Highly Automated Vehicle Safety Advisory

Committee established under section 3691.11(a) (relating to

Highly Automated Vehicle Safety Advisory Committee).

"Dynamic-driving task." All of the real-time functions

required to test a highly automated vehicle or platooning on

trafficways, excluding the selection of destinations and way

points. This term may include, but not be limited to:

(1) object and event detection, recognition and

classification;

(2) object and event response;

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(3) maneuver planning;

(4) steering, turning, lane keeping and lane changing;

(5) acceleration and deceleration;

(6) recognizing individuals, features and objects on the

trafficway, including, but not limited to, lighting,

signaling, gesturing, pedestrians and bicyclists, emergency

service responders and traffic-control devices;

(7) interstate highways and freeway driving;

(8) automated ride servicing or transportation network

servicing; and

(9) self-parking.

"Highly automated vehicle." A motor vehicle that contains a

highly automated vehicle system.

"Highly automated vehicle system." A combination of hardware

and software that performs the dynamic-driving task. This term

falls under the Society of Automotive Engineers' Level 3, 4 or 5

as specified under Standard J3016 and accepted by the National

Highway Traffic Safety Administration.

"Manufacturer." An individual or company that produces

highly automated vehicles, highly automated vehicle systems or

platooning for testing on trafficways. This term includes:

(1) original equipment manufacturers, multiple-stage and

final-stage manufacturers;

(2) an individual or company that alters a completed

motor vehicle prior to testing;

(3) an individual or company that modifies existing

motor vehicles for testing; and

(4) an individual or company involved with designing,

supplying, testing, selling, operating or assisting to

produce a highly automated vehicle, a highly automated

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vehicle system or platooning.

"Platooning." A series of motor vehicles that are:

(1) equipped with at least one highly automated vehicle

system;

(2) traveling in a unified manner; and

(3) connected by wireless communication or other

technology allowing for coordinated movement on the

trafficway.

"Test operator." An individual authorized by, employed by or

affiliated with an automated vehicle tester who is:

(1) in receipt of training and instruction by the

automated vehicle tester regarding the capabilities and

limitations of the highly automated vehicle or platooning;

(2) not primarily responsible for the dynamic-driving

task, but may be responsible for certain aspects of the

highly automated vehicle system or testing on trafficways,

including, but not limited to, the selection of destinations

and way points for the highly automated vehicle or

platooning;

(3) capable of the following:

(i) testing, monitoring the testing and being

immediately available to perform a dynamic-driving task;

(ii) being liable for testing and being physically

seated in the driver's position of the highly automated

vehicle that meets the Society of Automotive Engineers'

Level 3 and is accepted by the National Highway Traffic

Safety Administration;

(iii) testing, monitoring the testing and being

immediately available to perform a dynamic-driving task

if not physically seated in the driver's position in the

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highly automated vehicle that meets the Society of

Automotive Engineers' Level 4 or 5 and is accepted by the

National Highway Traffic Safety Administration;

(iv) testing, monitoring the testing and being

immediately available to perform a dynamic-driving task

if not physically seated in the driver's position in the

highly automated vehicle and the highly automated vehicle

is controlled remotely by wireless communication or other

technology, meets the Society of Automotive Engineers'

Level 4 or 5 and is accepted by the National Highway

Traffic Safety Administration;

(v) testing, monitoring the testing and being

immediately available to perform a dynamic-driving task

if physically seated in the driver's position in the

highly automated vehicle and the highly automated vehicle

is controlled remotely by wireless communication or other

technology, meets the Society of Automotive Engineers'

Level 4 or 5 and is accepted by the National Highway

Traffic Safety Administration; or

(vi) testing, monitoring the testing, being

immediately available to perform a dynamic-driving task

if being physically seated in the driver's position in

the lead motor vehicle in platooning.

(4) in receipt of a valid class of a driver's license

acceptable by the department for the type of highly automated

vehicle or platooning being tested; and

(5) acceptable to the automated vehicle tester upon the

receipt of a background check, including a driving history

check and a criminal history background check to be conducted

and self-certified by the automated vehicle tester.

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"Test passenger." An individual authorized by, employed by

or affiliated with an automated vehicle tester who:

(1) is advised of the capabilities and limitations of

the highly automated vehicle or platooning and seated in the

highly automated vehicle or platooning, excluding the

driver's position; and

(2) may provide the selection of destinations and way

points, but who is not responsible for the testing of the

highly automated vehicle or platooning.

SUBCHAPTER B

TESTING AUTHORIZATION

Sec.

3611. Application for testing authorization.

§ 3611. Application for testing authorization.

(a) Application.--An automated vehicle tester shall submit

an application to the department for authorization to test

highly automated vehicles or platooning on trafficways. The

department may charge a reasonable application fee not to exceed

$200.

(b) Application requirements.--The following shall apply:

(1) The department shall collect information from an

automated vehicle tester that submits an application under

subsection (a) in a manner consistent with applicable Federal

laws, regulations and guidelines to determine the safe

testing and management of highly automated vehicles or

platooning on trafficways. The information may include, but

not be limited to, evidence of an automated vehicle tester's

ability to satisfy a judgment for damages for personal

injury, death or property damage.

(2) The department may periodically identify and approve

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the information collected under paragraph (1) during or after

the application process under subsection (a). This paragraph

shall apply to all automated vehicle testers.

(3) Members of the public shall be provided a reasonable

opportunity to comment in writing regarding the application

process. In a timely manner, the department shall respond in

writing to each potential or current automated vehicle tester

prior to identifying and approving the information collected

under this subsection and may respond to other persons in

writing at the discretion of the department regarding the

information.

(1) The department shall immediately review and approve

or deny and return an application under subsection (a) within

15 business days of receipt.

(2) If the application is approved, the department shall

issue a permit to the automated vehicle tester and a highly

automated vehicle sticker for each highly automated vehicle

or platooning being tested on a trafficway in accordance with

subsection (d).

(3) If the application is denied, the department shall

provide the automated vehicle tester with a description of

the necessary additional information. The automated vehicle

tester shall have 30 days to respond to the department with

the additional information. Upon receipt of the additional

information, the department shall have five business days to

approve, deny and return or request further clarification on

the updated application.

(4) Denial, suspension or cancellation of an application

shall be made in accordance with 2 Pa.C.S. Ch. 5 Subch. A

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(relating to practice and procedure of Commonwealth agencies)

by the submission of a written request to the department for

a hearing within 30 days after service of the document

containing the denial, suspension or cancellation and payment

of applicable filing fees.

(5) The department may establish the number of

applications to approve within the first two years after the

effective date of this subchapter.

(d) Identification.--The following shall apply:

(1) Except as provided under paragraph (2), a sticker

issued by the department under subsection (c)(2) shall be

affixed to the registration plate of a highly automated

vehicle or platooning at all times. A highly automated

vehicle or platooning shall be marked on both sides of the

highly automated vehicle or platooning with the automated

vehicle tester's name or trade name, the highly automated

vehicle's identification number or platooning's

identification number as assigned by the department and

preceded by a PennDOT insignia.

(2) The identification under paragraph (1) may not be

required on a highly automated vehicle or platooning unless

the National Highway Traffic Safety Administration approves a

different means to identify highly automated vehicles or

platooning.

(e) Temporary application waiver.--The following shall

apply:

(1) A potential automated vehicle tester who is legally

testing a highly automated vehicle or platooning before the

effective date of this subchapter shall submit an application

under subsection (a) within one year of the effective date of

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this subchapter.

(2) A person who is a potential automated vehicle tester

before the effective date of this subchapter shall

immediately notify the department that the person is a

potential automated vehicle tester.

(f) Notice of approved testers.--The department shall

publish a list of the approved automated vehicle testers on the

department's publicly accessible Internet website and in the

Pennsylvania Bulletin. The department may elect to provide

public notice of the approved automated vehicle testers through

other communication means at the department's discretion.

SUBCHAPTER C

TESTING

Sec.

3621. Highly automated vehicles or platooning testing.

3622. Audit of permit compliance.

§ 3621. Highly automated vehicles or platooning testing.

(a) Requirements.--The following shall apply:

(1) An automated vehicle tester shall possess a permit

and the required identification under section 3611 (relating

to application for testing authorization) and a statement of

policy issued under section 3671 (relating to issuance of

statement of policy) from the department before testing of

highly automated vehicles or platooning occurs on

trafficways.

(2) An automated vehicle tester and a test operator

shall comply with applicable Federal and State laws and

regulations when testing highly automated vehicles or

platooning on trafficways.

(b) Recommendations.--Notwithstanding any other obligation

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to limit or restrict motor vehicles, including obligations to

limit or restrict highly automated vehicles or platooning under

this chapter, the department, in conjunction with the commission

and the Pennsylvania State Police, may provide recommendations

to automated vehicle testers on limiting or restricting the

testing of highly automated vehicles or platooning on

trafficways.

(1) A highly automated vehicle meeting the Society of

Automotive Engineers' Level 3 accepted by the National

Highway Traffic Safety Administration shall be occupied or

controlled remotely by wireless communication or other

technology by one or more test operators.

(2) A highly automated vehicle meeting the Society of

Automotive Engineers' Level 4 or 5 accepted by the National

Highway Traffic Safety Administration may be occupied or

controlled remotely by wireless communication or other

technology by one or more test operators.

(3) A highly automated vehicle may be occupied by one or

more test passengers.

(d) Compliance.--The following shall apply:

(1) The testing of a highly automated vehicle or

platooning on trafficways shall comply with applicable State

and local traffic laws, State motor vehicle laws and State

and local traffic-control devices.

(2) The department may notify an automated vehicle

tester of changes to applicable State and local traffic laws,

State motor vehicle laws and State and local traffic-control

devices that may impact the testing of highly automated

vehicles or platooning on trafficways.

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(e) Accident report.--The following shall apply:

(1) Notwithstanding any other obligation to report an

accident under this title, an automated vehicle tester shall

comply with section 3746 (relating to immediate notice of

accident to police department).

(2) An automated vehicle tester shall submit a self-

certification to the department on how the automated vehicle

tester will reinstate a highly automated vehicle or

platooning into service after being involved in a reportable

accident under section 3746.

(f) Cybersecurity intrusions.--The following shall apply:

(1) If a cybersecurity intrusion attempts to obtain

access to connected infrastructure on or along a trafficway

owned or operated by the department, the commission, a

tolling entity, mass transit authority or municipality in

this Commonwealth, the automated vehicle tester shall

immediately notify the department if the highly automated

vehicle or platooning is connected to the infrastructure.

Upon notice of a cybersecurity intrusion under this

paragraph, the department shall immediately notify the

commission, tolling entity, mass transit authority or

municipality affected by the intrusion.

(2) If a cybersecurity intrusion attempts to obtain

access to a connected highly automated vehicle or platooning,

the department shall immediately notify the automated vehicle

tester of the intrusion of the infrastructure on or along the

trafficway owned or operated by the department, the

commission, a tolling entity, mass transit authority or

municipality in this Commonwealth that may be connected to a

highly automated vehicle or platooning.

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§ 3622. Audit of permit compliance.

Once every two years, the department shall perform an audit

procedure to monitor the compliance of permits issued under

section 3611(c)(2) (relating to application for testing

authorization), including the demonstration of highly automated

vehicles or platooning being tested on trafficways, to ensure

the safe testing and management of highly automated vehicles or

platooning on trafficways.

SUBCHAPTER D

INSPECTIONS

Sec.

3631. Safety and emission inspections.

§ 3631. Safety and emission inspections.

(a) Compliance.--A highly automated vehicle or platooning

shall comply with applicable Federal and State laws and

regulations.

(b) Safety requirements.--A highly automated vehicle or

platooning shall:

(1) comply with the safety and emission inspection

requirements required by the department, including, but not

limited to, 67 Pa. Code Ch. 175 (relating to vehicle

equipment and inspection); and

(2) have a valid safety inspection.

SUBCHAPTER E

REGISTRATION AND TITLES

Sec.

3641. Registration.

3642. Titles.

§ 3641. Registration.

The following shall apply:

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(1) A highly automated vehicle or platooning used for

testing shall be properly registered in accordance with

section 1301 (relating to registration and certificate of

title required).

(2) If a highly automated vehicle or platooning is

registered by the Commonwealth, the highly automated vehicle

or platooning shall be registered by the department using the

code "HAV" in a new data field unless the National Highway

Traffic Safety Administration approves a different means to

code highly automated vehicles or platooning.

§ 3642. Titles.

The following shall apply:

(1) A highly automated vehicle or platooning shall be

properly titled in accordance with section 1101 (relating to

certificate of title required).

(2) If a highly automated vehicle or platooning is

registered by the Commonwealth, the highly automated vehicle

or platooning shall be identified on the title by the

department using the code "HAV" in a new data field unless

the National Highway Traffic Safety Administration approves a

different means to code highly automated vehicles or

platooning.

SUBCHAPTER F

LIABILITY

Sec.

3651. Liability for violations.

3652. Construction of chapter.

§ 3651. Liability for violations.

For the purpose of determining liability for a violation of

this chapter, the following shall apply:

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(1) The test operator of a highly automated vehicle that

meets the Society of Automotive Engineers' Level 3 accepted

by the National Highway Traffic Safety Administration or the

test operator in the lead motor vehicle in platooning shall

be deemed to be the driver.

(2) The automated vehicle tester of a highly automated

vehicle that meets the Society of Automotive Engineers' Level

4 or 5 accepted by the National Highway Traffic Safety

Administration shall be deemed to be the driver.

§ 3652. Construction of chapter.

Nothing in this chapter shall be construed as affecting or

modifying an existing legal basis for determining liability, or

defense to liability, of a cause of action not specifically

referenced in this chapter. Legal responsibility of motor

vehicle drivers, owners, manufacturers, dealers and other

persons for harm or injury caused shall not be affected by this

section.

SUBCHAPTER G

PLATOONING

Sec.

3661. Platooning on trafficways.

§ 3661. Platooning on trafficways.

(a) Requirements.--An automated vehicle tester shall possess

a permit identification issued under section 3611 (relating to

application for testing authorization) and a statement of policy

issued under section 3671 (relating to issuance of statement of

policy) from the department before platooning occurs on a

trafficway.

(b) Platooning restrictions.--The following shall apply:

(1) The department, in coordination with the commission

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during platooning testing on the Pennsylvania Turnpike and in

coordination with the Pennsylvania State Police whenever

applicable, shall restrict platooning to select trafficways.

The department shall maintain a list of trafficways where

platooning is restricted and immediately notify automated

vehicle testers of changes to the list.

(2) The department, in coordination with the commission

and the Pennsylvania State Police, shall establish the number

of motor vehicles allowed in platooning for each automated

vehicle tester.

operator shall allow reasonable access for other motor vehicles

for safe movement among lanes to exit or enter the trafficway

and to approach work zones or lane closures.

(d) Occupancy.--Each motor vehicle in platooning shall be

occupied by at least one test operator and may be occupied by

one or more test passengers.

SUBCHAPTER H

STATEMENT OF POLICY

Sec.

3671. Issuance of statement of policy.

§ 3671. Issuance of statement of policy.

(a) Issuance.--The department shall issue a statement of

policy relating to the provisions of this chapter, which shall

take effect upon publication in the Pennsylvania Bulletin and on

the department's publicly accessible Internet website. The

department may elect to issue a statement of policy through

other communication means at the discretion of the department.

(b) Development.--The department, in coordination with the

commission and the Pennsylvania State Police, may periodically

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develop and approve a statement of policy, in consultation with

the chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

chairperson of the Transportation Committee of the House of

Representatives.

permitted a reasonable opportunity to comment in writing

regarding a statement of policy issued under this section. In a

timely manner, the department shall respond in writing to each

potential or current automated vehicle tester commenting under

this subsection before providing notice under subsection (e) and

may respond to other persons in writing at the discretion of the

department.

(d) Conformance.--The department shall ensure the statement

of policy conforms to the duties of the Commonwealth as

delegated by the National Highway Traffic Safety Administration.

(e) Notice.--The department shall immediately notify all

automated vehicle testers of approved changes to the statement

of policy.

(f) Contents.--The statement of policy shall relate to the

provisions of this chapter and may contain other provisions

determined to be necessary for the safe testing and management

of highly automated vehicles or platooning on trafficways.

SUBCHAPTER I

PENALTIES

Sec.

3681. Permit suspension or cancellation.

3682. Registration suspension or cancellation.

3683. License suspension.

3684. Miscellaneous penalties.

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3685. Regulations.

§ 3681. Permit suspension or cancellation.

(a) Suspension or cancellation.--For violations relating to

the testing of highly automated vehicles or platooning on

trafficways, the department may suspend or cancel a permit

issued under section 3611(c)(2) (relating to application for

testing authorization) to test highly automated vehicles or

platooning due to any of the following:

(1) Three or more violations of the provisions of

Chapter 31 (relating to general provisions), 33 (relating to

rules of the road in general), 37 (relating to miscellaneous

provisions) or 38 (relating to driving after imbibing alcohol

or utilizing drugs). One violation under this paragraph shall

be removed from the permit record of the automated vehicle

tester for each 12 consecutive months when no violation under

this paragraph has occurred.

(2) One or more violations of the provisions of this

title involving serious bodily injury or death.

(b) Notice.--The department shall immediately notify the

automated vehicle tester of a violation under subsection (a),

including each reason for the suspension or cancellation, and

describing the process by which the automated vehicle tester may

appeal the suspension or cancellation.

(1) An appeal of a suspension or cancellation under

subsection (a) shall be made pursuant to 2 Pa.C.S. Ch. 5

Subch. A (relating to practice and procedure of Commonwealth

agencies) by submitting a written request to the department

for a hearing within 30 days after service of the document

containing the suspension or cancellation and payment of

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applicable filing fees.

(2) The automated vehicle tester shall cease all testing

until a determination of the appeal under paragraph (1) is

authorized.

(d) Permit noncompliance.--A person that conducts automated

vehicle testing without a permit issued under section 3611(c)(2)

(relating to application for testing authorization) commits a

misdemeanor of the third degree.

§ 3682. Registration suspension or cancellation.

(a) Suspension.--The department may suspend or cancel the

registration of a highly automated vehicle or platooning if

there is evidence of unsafe or unfit conditions for testing on a

trafficway due to any of the following:

(1) Three or more violations of the provisions of

Chapter 31 (relating to general provisions), 33 (relating to

rules of the road in general) or 37 (relating to

miscellaneous provisions). One violation under this paragraph

shall be removed from the record of the highly automated

vehicle or platooning for each 12 consecutive months when no

violation under this paragraph has occurred.

(2) One or more violations of this title involving

serious bodily injury or death.

(b) Notice.--The department shall immediately notify the

automated vehicle tester of a violation under subsection (a),

including each reason for the suspension or cancellation, and

describing the process by which the automated vehicle tester may

appeal the suspension or cancellation.

(1) The automated vehicle tester shall have the

opportunity to appeal the suspension or cancellation from the

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department under 2 Pa.C.S. Ch. 5 Subch. A (relating to

practice and procedure of Commonwealth agencies) by

submitting a written request to the department for a hearing

within 30 days after service of the document containing the

suspension or cancellation and payment of applicable filing

fees.

(2) The automated vehicle tester shall cease all testing

of the highly automated vehicle or platooning until a

determination of an appeal is made under paragraph (1).

§ 3683. License suspension.

The test operator of a highly automated vehicle shall be

subject to section 1535 (relating to schedule of convictions and

points).

§ 3684. Miscellaneous penalties.

An automated vehicle tester who violates a provision of this

chapter for which a penalty is not otherwise prescribed commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of up to $1,000,000.

§ 3685. Regulations.

The department shall promulgate regulations to suspend or

cancel a permit under section 3681 (relating to permit

suspension or cancellation) and to suspend or cancel

registration under section 3682 (relating to registration

suspension or cancellation).

SUBCHAPTER J

CONFIDENTIALITY

Sec.

3691. Confidential information.

§ 3691. Confidential information.

Notwithstanding any other obligation to report information

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for accident reports under this title, the following information

shall be proprietary and may not be disclosed to a third party:

(1) automated vehicle tester data, information or

reports submitted to the department under this chapter; and

(2) other information regarding an automated vehicle

tester, test operator, highly automated vehicle, highly

automated vehicle system or platooning that would reveal

proprietary trade secrets or personally identifiable

information about an individual, including information

provided by the automated vehicle tester in the context of

obtaining and maintaining a permit under this chapter.

SUBCHAPTER K

HIGHLY AUTOMATED VEHICLE SAFETY ADVISORY COMMITTEE

Sec.

3691.11. Highly Automated Vehicle Safety Advisory Committee.

§ 3691.11. Highly Automated Vehicle Safety Advisory Committee.

(a) Establishment.--The Highly Automated Vehicle Safety

Advisory Committee is established within the department.

(b) Composition.--The committee shall consist of the

following members:

(1) The Secretary of Transportation to be appointed as

the chairperson of the committee.

(2) The Secretary of Policy and Planning.

(3) The Secretary of Aging.

(4) The Secretary of Community and Economic Development.

(5) The Secretary of Human Services.

(6) The Commissioner of the Pennsylvania State Police.

(7) The chairman of the Pennsylvania Turnpike

Commission.

(8) The chairperson and minority chairperson of the

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Transportation Committee of the Senate.

(9) The chairperson and minority chairperson of the

Transportation Committee of the House of Representatives.

(10) The following members shall be appointed by the

Governor:

(i) One member representing an urban or rural

transit authority in this Commonwealth. An appointment

under this subparagraph shall rotate from an urban

transit authority to a rural transit authority or vice

versa for each successive appointment.

(ii) One member representing a transportation

educational or research institution in this Commonwealth.

(iii) Two members who are automated vehicle testers.

(iv) One member representing bicyclists or

pedestrians from this Commonwealth.

(v) One member representing drivers or consumers

from this Commonwealth.

(vi) One member representing a municipality from

this Commonwealth.

(vii) One member representing an insurance company,

association or exchange who is authorized to transact the

business of motor vehicle insurance from this

Commonwealth.

has been vacant for 120 days, an appointment shall be made on a

rotating basis by the Speaker of the House of Representatives

and the President pro tempore of the Senate to fill the

position.

(d) Alternates.--A committee member under subsection (b)(1),

(2), (3), (4), (5), (6), (7), (8) or (9) may designate an

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alternate to serve in the committee member's stead and the

committee member shall notify the chairperson in writing of the

designation.

(e) Terms.--A committee member may be reappointed for

additional terms. The terms of committee members appointed by

the Governor under subsection (b)(10) shall be for three years.

An individual appointed to fill a vacancy on the committee under

subsection (b) shall serve for the unexpired term and shall be

eligible for reappointment.

(f) Meetings and expenses.--The following shall apply:

(1) The committee shall meet at least annually.

(2) A committee member appointed by the Governor under

subsection (b)(10) who misses three consecutive meetings

without good cause acceptable to the chairperson may be

replaced by the Governor.

(3) A committee member may not receive per diem

expenses.

(4) The department shall provide appropriate staff

support to enable the committee to properly carry out the

committee's functions.

(g) Powers and duties.--The powers and duties of the

committee shall be to advise and comment on all phases of highly

automated vehicle testing, platooning, highly automated vehicle

highway safety programs, public education and training relating

to highly automated vehicles and platooning testing for

emergency service responders and law enforcement and similar

subjects.

SUBCHAPTER L

PREEMPTION OF LOCAL ORDINANCES

Sec.

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3691.21. Preemption of local ordinances.

§ 3691.21. Preemption of local ordinances.

In accordance with section 6101 (relating to applicability

and uniformity of title), this chapter supersedes and preempts

all ordinances of a municipality regarding the testing of highly

automated vehicles or platooning on trafficways.

SUBCHAPTER M

REPORTING

Sec.

3691.31. Reports on highly automated vehicles and platooning.

§ 3691.31. Reports on highly automated vehicles and platooning.

(a) Transition report.--No later than January 1, 2020, the

department shall produce a report on potential discrepancies in

State law and regulations in order to make the transition from

human-driven vehicles to fully deployed highly automated

vehicles and platooning with respect to all of the following

areas that include, but are not limited to:

(1) Law enforcement and emergency response.

(2) Occupant safety.

(3) Motor vehicle insurance.

(4) Accident investigations and reporting.

(5) Civil and criminal liability.

(6) Motor vehicle inspections.

(7) Education and training.

(8) Vehicle modifications and maintenance.

(9) Environmental impacts.

(b) Overcoming barriers report.--No later than January 1,

2020, the department shall produce a report on State law and

regulations that pose barriers or obstacles to the continued

safe testing, deployment and operation of highly automated

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vehicles and platooning with respect to all of the following

areas that include, but are not limited to:

(1) Licensing and registration.

(2) Driver education and training.

(3) Insurance and liability.

(4) Enforcement of traffic laws and regulations.

(5) Administration of motor vehicle inspections.

(6) Legal issues that need to be addressed to facilitate

the deployment and operation of highly automated vehicles and

platooning.

the department shall conduct a report on the financial needs of

the existing and planned infrastructure and assets of

trafficways in this Commonwealth to upgrade roads, bridges,

traffic signals, traffic-control devices, work zones and other

infrastructure to operate deployed highly automated vehicles and

platooning safely and provide vehicle-to-infrastructure

connectivity, vehicle-to-vehicle connectivity and vehicle-to-x

connectivity on trafficways.

(d) Copies.--The department shall provide copies of the

reports under subsections (a), (b) and (c) to the chairperson

and minority chairperson of the Transportation Committee of the

Senate and the chairperson and minority chairperson of the

Transportation Committee of the House of Representatives. The

department shall publish copies of the reports under subsections

(a), (b) and (c) on the department's publicly accessible

Internet website. The department may elect to publish copies of

the reports through other communication means at the

department's discretion.

SUBCHAPTER N

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RECIPROCITY

Sec.

3691.41. Reciprocal agreements, arrangements and declarations.

3691.42. Form, publication and distribution of documents.

3694.43. Suspension of reciprocity benefits.

§ 3691.41. Reciprocal agreements, arrangements and

declarations.

It is the policy of this Commonwealth to promote and

encourage the fullest possible use of its trafficways by

authorizing the creation and execution of reciprocal agreements,

arrangements and declarations with other states, provinces,

territories and countries with respect to highly automated

vehicles and platooning testing and the provisions of this

chapter for the purpose of contributing to the safety and

economic development of highly automated vehicles and platooning

testing in this Commonwealth.

§ 3691.42. Form, publication and distribution of documents.

Reciprocal agreements, arrangements and declarations under

section 3691.41 (relating to reciprocal agreements, arrangements

and declarations) shall be in writing and shall be published in

compliance with 45 Pa.C.S. Pt. II (relating to publication and

effectiveness of Commonwealth documents). The department shall

provide copies of agreements, arrangements and declarations

under this chapter for public distribution upon request and

within reason.

§ 3691.43. Suspension of reciprocity benefits.

Reciprocal agreements, arrangements or declarations made

under section 3691.41 (relating to reciprocal agreements,

arrangements and declarations) may include provisions

authorizing the department to suspend or cancel the exemptions,

20170SB0427PN0396 - 25 -

benefits or privileges granted to a person who violates the

conditions or terms of the reciprocal agreements, arrangements

or declarations or who violates the laws or regulations of this

Commonwealth relating to highly automated vehicles or platooning

testing under this chapter.

Section 2. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The provisions of 75 Pa.C.S. § 3611(b)(3) and Subch.

H shall take effect in 45 days.

(3) The remainder of this act shall take effect in 90

days.

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