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SENATE AMENDED
PRIOR PRINTER'S NOS. 2819, 3200, 3256
PRINTER'S NO. 3563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2398
Session of
2022
INTRODUCED BY OBERLANDER, ROTHMAN, MERCURI, MIZGORSKI, HELM,
SMITH, ROWE, KAIL, STEPHENS, MAJOR, ORTITAY, GAYDOS, LEWIS
DELROSSO, E. NELSON, MUSTELLO, BROOKS, MARSHALL, MASSER, COX
AND ARMANINI, MARCH 10, 2022
SENATOR LANGERHOLC, TRANSPORTATION, IN SENATE, AS AMENDED,
OCTOBER 18, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in certificate of title and security interests,
further providing for content and effect of certificate of
title; in licensing of drivers, further providing for persons
ineligible for licensing, license issuance to minors and
junior driver's license; in financial responsibility, further
providing for proof of financial responsibility following
accident; in rules of the road in general, repealing
provisions relating to platooning; IN MISCELLANEOUS
PROVISIONS, PROVIDING FOR THEFT OF CATALYTIC CONVERTER; in
miscellaneous provisions relating to accidents and accident
reports, further providing for accidents involving death or
personal injury, for accidents involving damage to attended
vehicle or property, for duty to give information and render
aid, for accidents involving damage to unattended vehicle or
property, for accident scene clearance, AND for immediate
notice of accident to police department and for written
report of accident by driver or owner; in equipment
standards, further providing for promulgation of vehicle
equipment standards; in inspection of vehicles, further
providing for requirement for periodic inspection of
vehicles; in size, weight and load, further providing for
width of vehicles; in powers of department and local
authorities, further providing for specific powers of
department and local authorities; and, in highly automated
vehicles, further providing for definitions, for highly
automated vehicles and for Highly Automated Vehicle Advisory
Committee, providing for certificate of compliance required,
for powers of department, for self-certification application,
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for self-certification review, for operation requirements,
for commercial operation, for preemption, for enforcement and
penalties, for regulations and guidelines, for confidential
records, for appeals and for interstate agreements; AND
adding provisions relating to other automated vehicles; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "highly automated work zone
vehicle" and "platoon" in section 102 of Title 75 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Automated driving system" or "ADS." The hardware and
software collectively capable of performing the entire dynamic
driving task on a sustained basis, regardless of whether limited
within a specific operational design domain and whether a Level
3, 4 or 5 driving automation system under SAE J3016.
* * *
"Bodily injury." Impairment of physical condition or
substantial pain.
* * *
"Certificate holder." A person or an FIRM, COPARTNERSHIP,
ASSOCIATION, CORPORATION OR educational OR RESEARCH institution
holding a valid certificate of compliance in accordance with
Subchapter B of Chapter 85 (relating to highly automated
vehicles).
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* * *
"Highly automated vehicle" or "HAV." A motor vehicle
equipped with an automated driving system. The term excludes a
personal delivery device.
"Highly automated vehicle driver." An individual who
performs IS AN AUTHORIZED EMPLOYEE OR CONTRACTOR OF A
CERTIFICATE HOLDER AND WHO IS RESPONSIBLE FOR all or part of the
dynamic driving task for a highly automated vehicle and is:
(1) on board the highly automated vehicle; or
(2) in a remote location within the United States and is
capable of monitoring and controlling the highly automated
vehicle.
["Highly automated work zone vehicle." A motor vehicle used
in an active work zone, as implemented by the department or the
Pennsylvania Turnpike Commission, as applicable, which is:
(1) equipped with an automated driving system; or
(2) connected by wireless communication or other
technology to another vehicle allowing for coordinated or
controlled movement.]
* * *
["Platoon." A group of buses, military vehicles or motor
carrier vehicles traveling in a unified manner at electronically
coordinated speeds at following distances that are closer than
would be reasonable and prudent without the coordination. The
term does not include a school bus or a school vehicle.]
* * *
"SAE J3016." Surface Vehicle Recommended Practice Taxonomy
and Definitions for Terms Related to Driving Automation Systems
for On-Road Motor Vehicles published by the Society of
Automotive Engineers (SAE) International in April 2021 and as it
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existed on the effective date of this definition or such
subsequent date as may be provided by the department through
regulation and consistent with Subch. B of Ch. 85 (relating to
highly automated vehicles) SUBCHAPTER B OF CHAPTER 85 .
* * *
Section 2. Section 1106(b)(10) and (11) of Title 75 are
amended and the subsection is amended by adding a paragraph to
read:
§ 1106. Content and effect of certificate of title.
* * *
(b) Indication of special use or condition.--No person shall
assign a certificate of title to any vehicle unless the
certificate clearly contains notice of the use or condition if
the vehicle is or has been:
* * *
(10) bearing a VIN plate differing from its original;
[or]
(11) a motor vehicle returned to a vehicle dealer or
manufacturer pursuant to the act of March 28, 1984 (P.L.150,
No.28), known as the Automobile Lemon Law[.]; or
(12) a highly automated vehicle.
Indication of the use or condition shall be deemed part of the
description of the vehicle. Any person violating this subsection
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $200.
* * *
Section 3. Sections 1503(b) and 1785 of Title 75 are amended
to read:
§ 1503. Persons ineligible for licensing; license issuance to
minors; junior driver's license.
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* * *
(b) License issuance to minors.--The department shall issue
a driver's license to a person 17 years of age who:
(1) has successfully completed a driver's training
course approved by the department; and
(2) for a period of 12 months after passing the
examination under section 1505(e) (relating to learners'
permits) and receiving a junior driver's license:
(i) has not been involved in an accident reportable
under section 3746(a) (relating to [immediate] notice of
accident to police department) for which they are
partially or fully responsible in the opinion of the
department; or
(ii) has not been convicted of any violation of this
title.
* * *
§ 1785. Proof of financial responsibility following accident.
If the department determines that the owner of a motor
vehicle involved in an accident requiring notice to a police
department pursuant to section 3746 (relating to [immediate]
notice of accident to police department) did not maintain
financial responsibility on the motor vehicle at the time of the
accident, the department shall suspend the operating privilege
of the owner, where applicable, and the department shall revoke
the registration of the vehicle.
Section 4 3. Section 3317 of Title 75 is repealed:
[§ 3317. Platooning.
(a) General rule.--The department shall be the lead
Commonwealth agency on platooning.
(b) Exception.--Nonlead vehicles in a platoon shall not be
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subject to section 3310 (relating to following too closely).
(c) Visual identifier.--Each vehicle in a platoon must be
marked with a visual identifier on the power unit. The
department, after consultation with the Pennsylvania State
Police and the Pennsylvania Turnpike Commission, shall establish
the criteria and placement of the visual identifier under
subsection (e).
(d) Restrictions.--A platoon shall observe the following
restrictions:
(1) A maximum of three vehicles shall be in a platoon.
(2) Vehicles in a platoon shall travel only on limited
access highways or interstate highways, unless otherwise
permitted by the department or the Pennsylvania Turnpike
Commission, as applicable.
(3) The department or the Pennsylvania Turnpike
Commission, as applicable under paragraph (2), may restrict
vehicle movement under this section for operational or safety
reasons, including, but not limited to, emergency conditions.
(4) A driver shall be in each vehicle of a platoon.
(e) Plan for general platoon operations.--A person may
operate a platoon on a highway of this Commonwealth if the
person files a plan for general platoon operations with the
department. The department shall review the plan in consultation
with the Pennsylvania State Police and the Pennsylvania Turnpike
Commission, as applicable. If the plan is not rejected by the
department within 30 days after receipt of the plan, the person
may operate the platoon.]
SECTION 3.1. TITLE 75 IS AMENDED BY ADDING A SECTION TO
READ:
§ 3723. THEFT OF CATALYTIC CONVERTER.
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(A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF THEFT
OF A CATALYTIC CONVERTER IF THE PERSON UNLAWFULLY TAKES OR
ATTEMPTS TO TAKE POSSESSION OF, CARRIES AWAY OR EXERCISES
UNLAWFUL CONTROL OVER A CATALYTIC CONVERTER WITH INTENT TO
DEPRIVE THE RIGHTFUL OWNER OF THE CATALYTIC CONVERTER.
(B) GRADING.--EXCEPT AS PROVIDED UNDER SUBSECTION (C):
(1) AN OFFENSE UNDER THIS SECTION CONSTITUTES A
MISDEMEANOR OF THE THIRD DEGREE IF THE VALUE OF THE CATALYTIC
CONVERTER UNLAWFULLY OBTAINED IS LESS THAN $50.
(2) AN OFFENSE UNDER THIS SECTION CONSTITUTES A
MISDEMEANOR OF THE SECOND DEGREE IF THE VALUE OF THE
CATALYTIC CONVERTER UNLAWFULLY OBTAINED IS $50 OR MORE BUT
LESS THAN $200.
(3) AN OFFENSE UNDER THIS SECTION CONSTITUTES A
MISDEMEANOR OF THE FIRST DEGREE IF THE VALUE OF THE CATALYTIC
CONVERTER UNLAWFULLY OBTAINED IS $200 OR MORE BUT LESS THAN
$1,000.
(4) AN OFFENSE UNDER THIS SECTION CONSTITUTES A FELONY
OF THE THIRD DEGREE IF THE VALUE OF THE CATALYTIC CONVERTER
UNLAWFULLY OBTAINED IS $1,000 OR MORE.
(C) THIRD OR SUBSEQUENT OFFENSES.--AN OFFENSE UNDER THIS
SECTION CONSTITUTES A FELONY OF THE THIRD DEGREE IF THE OFFENSE
IS A THIRD OR SUBSEQUENT OFFENSE, REGARDLESS OF THE VALUE OF THE
CATALYTIC CONVERTER. FOR PURPOSES OF THIS SUBSECTION, A FIRST
AND SECOND OFFENSE INCLUDE A CONVICTION, ACCEPTANCE OF OR OTHER
FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON THE
PRESENT VIOLATION FOR AN OFFENSE UNDER THIS SECTION.
Section 5 4. Sections 3742, 3743, 3744 and 3745, 3745, 3746,
4103, 4702 AND 4921 of Title 75 are amended by adding
subsections to read:
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§ 3742. Accidents involving death or personal injury.
* * *
(a.1) Highly automated vehicles.--If a vehicle under
subsection (a) is a highly automated vehicle operating with an
ADS engaged or without a highly automated vehicle driver on
board, the requirements of this section are satisfied if the
highly automated vehicle stops at the scene of an accident or as
close to the scene as safely as THERETO AS IS SAFELY possible
and remains at the scene until the requirements of section 3744
have been fulfilled.
* * *
§ 3743. Accidents involving damage to attended vehicle or
property.
* * *
(a.1) Highly automated vehicles.--
(1) If a vehicle under subsection (a) is a highly
automated vehicle operating with an ADS engaged or without a
highly automated vehicle driver on board, the requirements of
this section are satisfied if the highly automated vehicle
stops at the scene of the accident or as close to the scene
as safely as THERETO AS IS SAFELY possible and the
certificate holder for the highly automated vehicle or a
person on behalf of the certificate holder for the highly
automated vehicle promptly OR THE HIGHLY AUTOMATED VEHICLE
IMMEDIATELY contacts the nearest office of a duly authorized
police department to report the accident.
(2) The highly automated vehicle shall remain at the
scene OF THE ACCIDENT or as close to the scene as safely as
THERETO AS IS SAFELY possible until the requirements of
section 3744 are fulfilled.
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* * *
§ 3744. Duty to give information and render aid.
* * *
(a.1) Highly automated vehicles.--
(1) If a vehicle under subsection (a) is a highly
automated vehicle operating with an ADS engaged or without a
highly automated vehicle driver on board, the requirements of
this section are satisfied if the certificate holder for the
highly automated vehicle, a person on behalf of the
certificate holder for the highly automated vehicle or the
highly automated vehicle promptly IMMEDIATELY contacts the
nearest office of a duly authorized police department to
report the accident and communicates the registration and
financial responsibility information for the highly automated
vehicle to the police department.
(2) The highly automated vehicle shall remain at the
scene of the accident or as close to the scene as safely as
THERETO AS IS SAFELY possible until the requirements of this
section are fulfilled.
* * *
§ 3745. Accidents involving damage to unattended vehicle or
property.
* * *
(a.1) Highly automated vehicles.--
(1) If a vehicle under subsection (a) is a highly
automated vehicle operating with an ADS engaged or without a
highly automated vehicle driver on board, the requirements of
this section are satisfied if the highly automated vehicle
IMMEDIATELY stops at the scene of the accident or as close to
the scene as safely as THERETO AS IS SAFELY possible and the
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certificate holder for the highly automated vehicle, a person
on behalf of the certificate holder for the highly automated
vehicle or the highly automated vehicle promptly IMMEDIATELY
contacts the nearest office of a duly authorized police
department to report the accident and communicates the
registration and financial responsibility information for the
highly automated vehicle to the police department.
(2) The highly automated vehicle shall remain at the
scene OF THE ACCIDENT or as close to the scene as safely as
THERETO AS IS SAFELY possible until the requirements of
section 3744 (relating to duty to give information and render
aid) are fulfilled.
* * *
Section 6. Section 3745.1(e) of Title 75 is amended to read:
§ 3745.1. Accident scene clearance.
* * *
(e) Other driver duties.--Compliance with this section shall
not affect a driver's duty to comply with section 3742 (relating
to accidents involving death or personal injury), 3743 (relating
to accidents involving damage to attended vehicle or property),
3744 (relating to duty to give information and render aid), 3745
(relating to accidents involving damage to unattended vehicle or
property), 3746 (relating to [immediate] notice of accident to
police department) or 3747 (relating to written report of
accident by driver or owner).
* * *
Section 7. Section 3746 heading of Title 75 is amended and
the section is amended by adding a subsection to read:
§ 3746. [Immediate notice] Notice of accident to police
department.
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* * *
(a.1) Highly automated vehicles.--If a vehicle under
subsection (a) is a highly automated vehicle operating with an
ADS engaged or without a highly automated vehicle driver on
board, the requirements of this section are satisfied if the
certificate holder for the highly automated vehicle, a person on
behalf of the certificate holder for the highly automated
vehicle or the highly automated vehicle promptly IMMEDIATELY
contacts the nearest office of a duly authorized police
department to report the accident.
* * *
Section 8. Section 3747(a) of Title 75 is amended to read:
§ 3747. Written report of accident by driver or owner.
(a) General rule.--If a police officer does not investigate
an accident required to be investigated by section 3746
(relating to [immediate] notice of accident to police
department), the driver of a vehicle which is in any manner
involved in the accident shall, within five days of the
accident, forward a written report of the accident to the
department.
* * *
Section 9. Sections 4103, 4702 and 4921 of Title 75 are
amended by adding subsections to read:
§ 4103. Promulgation of vehicle equipment standards.
* * *
(f) Highly automated vehicles.--A highly automated vehicle
that is designed to operate exclusively by the ADS or a highly
automated vehicle driver in a remote location for all trips is
not subject to motor vehicle equipment laws or regulations of
this Commonwealth that:
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(1) relate to or support motor vehicle operation by a
driver seated in the vehicle; and
(2) are not relevant for an ADS.
(F) HIGHLY AUTOMATED VEHICLES.--
(1) A HIGHLY AUTOMATED VEHICLE THAT IS DESIGNED TO
OPERATE EXCLUSIVELY BY THE ADS OR A HIGHLY AUTOMATED VEHICLE
DRIVER IN A REMOTE LOCATION FOR ALL TRIPS IS NOT SUBJECT TO
MOTOR VEHICLE EQUIPMENT LAWS OR REGULATIONS OF THIS
COMMONWEALTH THAT RELATE TO OR SUPPORT MOTOR VEHICLE
OPERATION BY A DRIVER SEATED IN THE VEHICLE AND ARE NOT
RELEVANT FOR AN ADS.
(2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
EXEMPT AN ENTIRE HIGHLY AUTOMATED VEHICLE FROM THE PERIODIC
INSPECTION OF VEHICLES UNDER SECTION 4702 (RELATING TO
REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES).
§ 4702. Requirement for periodic inspection of vehicles.
* * *
(c.2) Safety inspection criteria for highly automated
vehicles.--The standards established by the department under
subsection (a) shall apply to highly automated vehicles only in
a manner consistent with the provisions of section 4103(f)
(relating to promulgation of vehicle equipment standards).
* * *
§ 4921. Width of vehicles.
* * *
(e.3) Highly automated vehicles.--If a highly automated
vehicle is operating on highways of this Commonwealth, a rear
visibility system comprised of a set of devices or components,
that together perform the function of producing the rearview
image, shall be considered a mirror or a similar device to a
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mirror, and shall be excluded from the measurement of the width
of the highly automated vehicle consistent with applicable
Federal and State laws.
* * *
Section 10 5. Section 6109(a)(13) of Title 75 is amended to
read:
§ 6109. Specific powers of department and local authorities.
(a) Enumeration of police powers.--The provisions of this
title shall not be deemed to prevent the department on State-
designated highways and local authorities on streets or highways
within their physical boundaries from the reasonable exercise of
their police powers. The following are presumed to be reasonable
exercises of police power:
* * *
(13) Prohibiting or regulating the use of designated
streets by any class or kind of traffic, provided that a
prohibition or regulation of a local authority may not be
specific to or discriminate against a highly automated
vehicle.
* * *
Section 11 6. Section 8501 of Title 75 is amended by adding
definitions to read:
§ 8501. 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:
* * *
"Certificate of compliance." A certificate authorizing the
operation of a highly automated vehicle in accordance with
Subch. B (relating to highly automated vehicles).
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"DDT fallback." A response by a highly automated vehicle
driver or ADS to either perform a DDT or achieve a minimal-risk
condition after occurrence of a DDT performance-relevant system
failure or upon an operational design domain exit.
"Dynamic driving task" or "DDT." Real-time operational and
tactical functions required to operate a motor vehicle on a
highway, excluding strategic functions such as trip scheduling
and selection of destinations and waypoints, and including,
without limitation:
(1) Lateral vehicle motion control via steering.
(2) Longitudinal motion control via acceleration and
deceleration.
(3) Monitoring the driving environment via object and
event detection, recognition, classification and response
preparation.
(4) Object and event response execution.
(5) Maneuver planning.
(6) Enhancing conspicuity via lighting, signaling and
gesturing.
"Highly automated work zone vehicle." A motor vehicle used
in an active work zone as implemented by the department or the
Pennsylvania Turnpike Commission, as applicable, for purposes
related to the active work zone that is:
(1) equipped with an automated driving system; or
(2) connected by wireless communication or other
technology to another vehicle allowing for coordinated or
controlled movement.
"Minimal risk condition." A stable, stopped condition to
which an individual, a highly automated vehicle driver or ADS
may bring a highly automated vehicle after performing a DDT
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fallback in order to reduce the risk of a crash when a given
trip cannot or should not be continued.
"Operational design domain" or "ODD." Operating conditions
under which a given ADS is specifically designed to function,
including, but not limited to, environmental, geographical and
time-of-day restrictions and the requisite presence or absence
of certain traffic or highway characteristics.
"Platoon." A group of buses, military vehicles or motor
carrier vehicles traveling in a unified manner at electronically
coordinated speeds at following distances that are closer than
would be reasonable and prudent without the coordination. The
term does not include a school bus or a school vehicle.
Section 12 7. Section 8502 of Title 75 is amended to read:
§ 8502. Highly automated vehicles.
[(a) General rule.--]The department shall be the lead
Commonwealth agency on highly automated vehicles.
[(b) Highly automated work zone vehicles.--The department or
the Pennsylvania Turnpike Commission, as applicable, shall
authorize the locations in Pennsylvania on a periodic basis to
implement the deployment of a highly automated work zone
vehicle. A driver may be required in a highly automated work
zone vehicle when used in an active work zone.]
Section 13 8. Section 8503(b)(9) of Title 75 is 8503(B) AND
(H) OF TITLE 75 ARE amended and the section is amended by adding
a subsection to read:
§ 8503. Highly Automated Vehicle Advisory Committee.
* * *
(b) Composition.--The advisory committee shall consist of
the following members:
* * *
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(1) THE SECRETARY, WHO SHALL SERVE AS THE CHAIRPERSON OF
THE ADVISORY COMMITTEE.
(2) THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT.
(3) THE INSURANCE COMMISSIONER.
(4) THE SECRETARY OF LABOR AND INDUSTRY.
(5) THE COMMISSIONER OF PENNSYLVANIA STATE POLICE.
(6) THE CHIEF EXECUTIVE OFFICER OF THE PENNSYLVANIA
TURNPIKE COMMISSION.
(6.1) THE CHAIRPERSON OF THE PENNSYLVANIA PUBLIC UTILITY
COMMISSION.
(7) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE.
(8) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(9) The following members to be appointed by the
Governor:
(i) One member representing a transit authority
located in this Commonwealth.
(ii) One member representing [a transportation,] an
educational or research institution located in this
Commonwealth engaged in developing highly automated
vehicles.
(iii) One member representing a technology company
engaged in developing highly automated vehicles.
(iv) One member representing a vehicle manufacturer
engaged in developing highly automated vehicles.
(v) One member representing bicyclists, pedestrians
or motorcyclists in this Commonwealth.
(vi) One member representing drivers or consumers in
this Commonwealth.
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(vii) One member representing a municipality of this
Commonwealth.
(viii) One member representing platoon operations.
(ix) One member representing an insurance company,
association or exchange who is authorized to transact the
business of motor vehicle insurance in this Commonwealth.
(x) Two members representing different labor
organizations in this Commonwealth.
(XI) ONE MEMBER REPRESENTING PENNSYLVANIANS WITH
DISABILITIES.
(XII) ONE MEMBER REPRESENTING A COMPANY ENGAGED IN
THE DEVELOPMENT OF HIGHLY AUTOMATED MOTOR CARRIER
VEHICLES.
* * *
(H) POWERS.--THE ADVISORY COMMITTEE SHALL HAVE THE POWER TO
ADVISE AND CONSULT THE SECRETARY ON EACH ASPECT OF HIGHLY
AUTOMATED VEHICLES AND PLATOONING IN THIS COMMONWEALTH AND MAY
UNDERTAKE ANY OF THE FOLLOWING:
(1) DEVELOPING TECHNICAL GUIDANCE.
(2) EVALUATING BEST PRACTICES.
(3) REVIEWING EXISTING LAWS, REGULATIONS AND [POLICIES]
GUIDELINES.
(4) ENGAGING IN CONTINUED RESEARCH AND EVALUATION OF
CONNECTED AND AUTOMATED SYSTEMS TECHNOLOGY NECESSARY TO
ENSURE SAFE TESTING, DEPLOYMENT AND CONTINUED INNOVATION IN
THIS COMMONWEALTH.
(5) EVALUATING ACCIDENTS, BASED ON SUMMARIES PREPARED BY
THE DEPARTMENT, IF THE CERTIFICATE HOLDER OR HIGHLY AUTOMATED
VEHICLE DRIVER WAS DETERMINED TO BE AT FAULT.
(6) EVALUATING WORKFORCE IMPACTS, BASED ON SUMMARIES
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PREPARED BY THE DEPARTMENT IN CONSULTATION WITH THE
DEPARTMENT OF LABOR AND INDUSTRY, AND HOW THE FEDERAL
GOVERNMENT AND THE COMMONWEALTH ARE SUPPORTING THE WORKFORCE
AS A RESULT OF AUTOMATION.
* * *
(j) Special reports.--Beginning as soon as practicable, but
no later than 18 months after the effective date of this
subsection, the advisory committee shall submit an annual report
that evaluates the impact of highly automated vehicles
authorized by this chapter on this Commonwealth. The report
shall be submitted 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 and posted on the
department's publicly accessible Internet website. The report
shall evaluate the following with respect to highly automated
vehicles authorized by this chapter:
(1) Benefits and implications to this Commonwealth's
workforce.
(2) Economic benefits and implications to this
Commonwealth.
(3) Improvements to accessibility and mobility for
persons with disabilities.
(4) Improvements to mobility options for the general
public.
(5) Suggested changes to the laws of this Commonwealth.
Section 14 9. Title 75 is amended by adding sections to
read:
§ 8504. Certificate of compliance required.
(a) Prohibition.--Except as provided in subsection (b), no
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person may operate on a highway in this Commonwealth a highly
automated vehicle, unless:
(1) the person FIRM, COPARTNERSHIP, ASSOCIATION,
CORPORATION OR EDUCATIONAL OR RESEARCH INSTITUTION is a
certificate holder or is an A HIGHLY automated vehicle driver
approved by a certificate holder to operate a highly
automated vehicle on behalf of the certificate holder; and
(2) the highly automated vehicle is operated in
accordance with this subchapter TITLE .
(b) Applicability.--Subsection (a) shall not apply to:
(1) A highly automated work zone vehicle operated in
accordance with section 8531 (relating to highly automated
work zone vehicles).
(2) A platoon operated in accordance with section 8532
(relating to platooning).
(3) A vehicle that is also a highly automated vehicle
and is approved for noncommercial use on public highways
under Federal law or regulation.
(4) (3) A highly automated vehicle registered in another
state operating in this Commonwealth under an interstate
agreement in accordance with section 8510.5 (relating to
interstate agreements).
§ 8505. Powers of department.
(a) General powers.--To ensure the safety of motorists and
the general public, except as permitted under section 8509
(relating to commercial operation), the department has sole
regulatory authority over the operation of highly automated
vehicles on highways within this Commonwealth consistent with
this title and Federal law or regulation.
(b) Specific powers and duties.--Except as provided for in
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subsection (c), the department has the following specific powers
and duties:
(1) By order of the secretary, to prohibit the use of a
highly automated vehicle on a highway where the secretary
determines that the operation of the highly automated vehicle
would constitute a hazard.
(2) To require a certificate holder to self-report to
the department an accident in this Commonwealth involving the
certificate holder's highly automated vehicle if the accident
resulted in bodily injury, serious bodily injury, death or
damage to property. The department shall establish the time
frame in which to self-report an accident to the department,
provided that the time frame is no less than six hours from
the occurrence of the accident.
(3) To display on the department's publicly accessible
Internet website, the following:
(i) A list of certificate holders . , INCLUDING:
(A) LOCATION INFORMATION WHERE THE HIGHLY
AUTOMATED VEHICLE IS EXPECTED TO OPERATE.
(B) THE NAME AND CONTACT INFORMATION FOR ACCIDENT
CLAIMS, INCLUDING THE REGISTERED AGENT FOR SERVICE OF
PROCESS.
(ii) Orders issued by the secretary under paragraph
(1).
(iii) Policies, regulations or guidelines issued by
the department under this subchapter.
(4) BY ORDER OF THE SECRETARY, TO COLLECT THE FOLLOWING
INFORMATION ON A PERIODIC BASIS:
(I) THE PROCESS AN EMERGENCY SERVICE RESPONDER
SHOULD FOLLOW WHEN A HIGHLY AUTOMATED VEHICLE WITHOUT A
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HIGHLY AUTOMATED VEHICLE DRIVER ON BOARD IS DISABLED OR
INVOLVED IN AN ACCIDENT.
(II) IF APPLICABLE, THE HIGHLY AUTOMATED VEHICLE
DRIVER INFORMATION, INCLUDING NAME, DRIVER'S LICENSE
NUMBER, STATE OR COUNTRY ISSUED AND A SUMMARY OF ANY
TRAINING RECEIVED TO OPERATE THE HIGHLY AUTOMATED
VEHICLE.
(III) A DESCRIPTION OF WHETHER THE HIGHLY AUTOMATED
VEHICLE WILL TRANSPORT PASSENGERS OR GOODS. IF THE HIGHLY
AUTOMATED VEHICLE WILL NOT BE TRANSPORTING PASSENGERS OR
GOODS, A DESCRIPTION OF THE SERVICE OR FUNCTION BEING
PROVIDED BY THE HIGHLY AUTOMATED VEHICLE.
(IV) LOCATION INFORMATION, INCLUDING A LIST OF
MUNICIPALITIES WHERE THE HIGHLY AUTOMATED VEHICLE IS
EXPECTED TO OPERATE.
(4) (5) To establish policies, guidelines and
regulations REGULATIONS OR GUIDELINES reasonably necessary to
implement this subchapter.
(c) Restriction.--Notwithstanding subsection (b), the
department is prohibited from establishing a policy, guideline
or regulation REGULATION OR GUIDELINE under this subchapter
that:
(1) requires a highly automated vehicle driver to obtain
another additional license, approval or similar
authorization, other than the appropriate driver's license
and endorsement, according to the type and class of motor
vehicle equipped with an automated driving system that the
highly automated vehicle driver operates;
(2) is inconsistent with Federal law or , regulation OR
GUIDANCE relating to highly automated vehicles;
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(3) prohibits or restricts a highly automated vehicle
driver from operating a certificate holder's highly automated
vehicle to control all or part of the DDT unless the highly
automated vehicle driver has been convicted of one or more
moving violations within the past 365 days; or
(4) prohibits or restricts a certificate holder's highly
automated vehicle from operating without a highly automated
vehicle driver in a manner that is inconsistent with the
provisions of section 8508(b) and (e) (relating to operation
requirements) and section 8510.1(b) (relating to enforcement
and penalties).
§ 8506. Self-certification.
(a) Form.--A self-certification for a certificate of
compliance shall be submitted on a form and in a manner
determined by the department. The form shall be consistent with
this subchapter and may not impose any additional requirements
upon the operation of a highly automated vehicle that are
inconsistent with this title or Federal law or regulation.
(b) Contents of form.--A self-certification form submitted
to the department under subsection (a) shall include information
necessary certifying that the applicant's highly automated
vehicle or the automated driving system installed in the highly
automated vehicle, as applicable, meets the requirements of this
title. THE FOLLOWING:
(1) THE NAME, ADDRESS AND CONTACT INFORMATION OF THE
APPLICANT, INCLUDING A PRINCIPAL POINT-OF-CONTACT FOR THE
APPLICANT'S ACCIDENT CLAIMS AND REGISTERED AGENT FOR SERVICE
OF PROCESS.
(2) VEHICLE IDENTIFICATION INFORMATION, PROOF OF CURRENT
REGISTRATION AND ANY OTHER INFORMATION ORDERED BY THE
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SECRETARY.
(3) PROOF OF INSURANCE AS REQUIRED UNDER SECTION 8508(F)
(RELATING TO OPERATION REQUIREMENTS).
(4) A SAFETY MANAGEMENT PLAN THAT DESCRIBES THE SAFETY
ELEMENTS IN THE DEVELOPMENT AND MANAGEMENT OF THE HIGHLY
AUTOMATED VEHICLE, INCLUDING THE SAFETY ELEMENTS OF THE
HIGHLY AUTOMATED VEHICLE'S OPERATIONAL DESIGN DOMAIN, ADS
AND, IF APPLICABLE, THE HIGHLY AUTOMATED VEHICLE DRIVER.
(5) NONPROPRIETARY DOCUMENTATION SUBMITTED TO THE
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION FOR THE HIGHLY
AUTOMATED VEHICLE AND ADS, INCLUDING ANY EXEMPTIONS RECEIVED
FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(6) CONSENT TO THE FOLLOWING:
(I) THE HIGHLY AUTOMATED VEHICLE SHALL OPERATE IN
COMPLIANCE WITH THIS TITLE AND FEDERAL LAW OR REGULATION.
(II) THE JURISDICTION OF COURTS OF THIS COMMONWEALTH
FOR ACTIONS ARISING OUT OF OR RESULTING FROM ANY ACCIDENT
INVOLVING THE HIGHLY AUTOMATED VEHICLE IN THIS
COMMONWEALTH.
(7) ANY INFORMATION OR RECORDS DEEMED REASONABLY NECESSARY
TO AID THE DEPARTMENT'S REVIEW OF THE SUBMITTED APPLICATION AND
FOR THE ADMINISTRATION AND ENFORCEMENT OF AND ONGOING COMPLIANCE
WITH THIS TITLE.
§ 8507. Self-certification review.
(a) Review and issuance.--The department shall review a
self-certification form submitted under section 8506 (relating
to self-certification). If a self-certification form is not
rejected by the department within 30 days of the date of receipt
by the department, the self-certification form shall be
considered complete and a certificate of compliance shall be
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issued to the applicant. The department may only reject a self-
certification form for any of the following reasons:
(1) The form is incomplete.
(2) The information contained in the form does not
certify that that the applicant's highly automated vehicle or
the automated driving system installed in the highly
automated vehicle, as applicable, meets the requirements of
this title .
(3) The form contains materially inaccurate information
and the applicant is not responsive to clarifying questions.
(b) Effective period.--
(1) The department may not require renewal of a
certificate of compliance issued under this subchapter.
(2) An applicant for a certificate of compliance who,
prior to the effective date of this section, operated a
highly automated vehicle in accordance with automated vehicle
testing guidance established by the department prior to the
effective date of this section, may continue to operate the
highly automated vehicle without a certificate of compliance
on highways pending the review of a self-certification form
if the following criteria are met:
(i) The applicant has submitted a self-certification
form for a certificate of compliance to the department.
(ii) The department has not denied the self-
certification form.
(iii) The department has not issued a notice, in
writing, to the applicant prohibiting continued HAV
operation while the department reviews the self-
certification form.
(iv) The highly automated vehicle is operated in
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accordance with this subchapter.
(c) Duty of certificate holders.--A certificate holder shall
continue to provide information or records that may be required
by the department and reasonably necessary for the
administration and enforcement of this subchapter. BY ORDER OF
THE SECRETARY, A CERTIFICATE HOLDER SHALL PROVIDE INFORMATION OR
RECORDS IF THERE IS A SPECIFIC SAFETY CONCERN.
§ 8508. Operation requirements.--
(a) General rule.--A certificate holder may operate, subject
to the operation requirements of this section, a highly
automated vehicle with or without a highly automated vehicle
driver on a highway in this Commonwealth.
(b) Driverless operation.--A highly automated vehicle may
operate on a highway without a highly automated vehicle driver,
subject to the following:
(1) The ADS must be engaged.
(2) The HAV must be capable of operating in compliance
with applicable traffic and motor vehicle safety provisions
of this title, unless the exemption has been granted by the
department.
(3) If a failure of an ADS occurs which renders the ADS
unable to perform the entire DDT within the intended ODD, the
highly automated vehicle must achieve a minimal risk
condition.
(c) Operation with driver.--A highly automated vehicle may
operate on highway with a highly automated vehicle driver,
subject to the following:
(1) A highly automated vehicle driver may control all or
part of a highly automated vehicle's DDT.
(2) If a failure of an ADS renders the ADS unable to
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perform the entire DDT within the intended ODD, the highly
automated vehicle or the highly automated vehicle driver must
achieve a minimal risk condition.
(d) Vehicle markings.-- When required under Federal law or
THE FOLLOWING SHALL APPLY:
(1) WHEN REQUIRED UNDER FEDERAL LAW OR regulation, a
highly automated vehicle shall bear any required
manufacturer's certification labels indicating that the
highly automated vehicle has been certified to be in
compliance with all applicable Federal motor vehicle safety
standards, including reference to any exemption granted by
the National Highway Traffic Safety Administration.
(2) IN CONSULTATION WITH THE STATE POLICE, THE
DEPARTMENT SHALL ESTABLISH STANDARDS FOR AN EXTERNAL-FACING
VISUAL IDENTIFIER FOR A CERTIFICATE HOLDER'S HIGHLY AUTOMATED
VEHICLE THAT PROVIDES OWNER, VEHICLE AND FINANCIAL
RESPONSIBILITY INFORMATION FOR REPORTABLE AND NONREPORTABLE
ACCIDENTS.
(e) HAV drivers.--A highly automated vehicle driver shall be
properly licensed under this title to operate the appropriate
type and class of motor vehicle .
(f) Insurance required.-- A highly automated vehicle with an
ADS engaged with or without a highly automated vehicle driver
may not operate on a highway in this Commonwealth unless the
vehicle is covered by insurance or self-insurance in the minimum
amount of $1,000,000 per incident for death, bodily injury or
property damage, which shall satisfy the financial
responsibility requirements of this title. INSURANCE AND
LIABILITY.--THE FOLLOWING SHALL APPLY:
(1) A CERTIFICATE HOLDER OF A HIGHLY AUTOMATED VEHICLE
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SHALL MAINTAIN THE ABILITY TO RESPOND IN DAMAGES FOR
LIABILITY ON ACCOUNT OF ACCIDENTS ARISING OUT OF THE
MAINTENANCE OR USE OF A HIGHLY AUTOMATED VEHICLE AND IN THE
MINIMUM AMOUNT OF $1,000,000 PER ACCIDENT FOR DEATH, BODILY
INJURY AND PROPERTY DAMAGE TO A THIRD PARTY. THE FINANCIAL
RESPONSIBILITY REQUIRED UNDER THIS SUBSECTION SHALL BE
EVIDENCED BY INSURANCE PLACED WITH EITHER AN INSURER THAT HAS
OBTAINED A CERTIFICATE OF AUTHORITY UNDER SECTION 208 OF THE
ACT OF MAY 17, 1921 (P.L.789, NO.285), KNOWN AS THE INSURANCE
DEPARTMENT ACT OF 1921, OR A SURPLUS LINES INSURER ELIGIBLE
UNDER SECTION 1605 OF THE ACT OF MAY 17, 1921 (P.L.682,
NO.284), KNOWN AS THE INSURANCE COMPANY LAW OF 1921, OR
THROUGH ANY OTHER FORM, INCLUDING SELF-INSURANCE, ACCEPTABLE
TO AND APPROVED BY THE DEPARTMENT, IN CONSULTATION WITH THE
INSURANCE DEPARTMENT. FINANCIAL RESPONSIBILITY SATISFYING THE
REQUIREMENTS OF THIS SUBSECTION SHALL BE DEEMED TO SATISFY
THE FINANCIAL RESPONSIBILITY REQUIREMENTS FOR A MOTOR VEHICLE
UNDER CHAPTER 17 (RELATING TO FINANCIAL RESPONSIBILITY).
(2) THE FINANCIAL RESPONSIBILITY UNDER THIS SUBSECTION
SHALL BE IN ADDITION TO ANY FINANCIAL RESPONSIBILITY
REQUIREMENTS UNDER 66 PA.C.S. CH. 26 (RELATING TO
TRANSPORTATION NETWORK SERVICE) OR 53 PA.C.S. CH. 57A
(RELATING TO TRANSPORTATION NETWORK COMPANIES) IF A HIGHLY
AUTOMATED VEHICLE PROVIDES A TRANSPORTATION NETWORK SERVICE.
(g) Low-speed HAVs.--
(1) A low-speed HAV may not be operated on a highway
with a posted speed limit greater than 35 miles-per-hour,
except when:
(i) the low-speed HAV is engaged in a legal crossing
of the highway; or
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(ii) the low-speed HAV is permitted, by order of the
secretary, to be operated on the highway.
(2) A low-speed HAV may not be operated on a freeway.
(3) As used in this subsection, the term "low-speed HAV"
shall mean a highly automated vehicle that is in compliance
with the Federal safety standards established in 49 CFR
571.500 (relating to standard number 500; low-speed
vehicles), including any exemptions by the National Highway
Traffic Safety Administration, and designed to be operated
without an occupant and used to transport goods. The term
does not include a neighborhood electric vehicle and shall be
considered by the department as a passenger car or truck for
the purposes of title and registration, in accordance with
section 1106 (relating to content and effect of certificate
of title).
(h) HAV title required.--A highly automated vehicle may not
operate on a highway in this Commonwealth unless the vehicle is
titled as a highly automated vehicle in accordance with section
1106 or under the laws or regulations of another jurisdiction of
the United States.
(I) NOTICE.--A CERTIFICATE HOLDER SHALL NOTIFY IN WRITING
THE GOVERNING BODY OF THE MUNICIPALITY OF THE INTENT TO OPERATE
A HIGHLY AUTOMATED VEHICLE WITHIN THE BOUNDARIES OF THE
MUNICIPALITY AT LEAST 10 DAYS PRIOR TO COMMENCING OPERATIONS.
§ 8509. Commercial operation.
(a) Motor carriers.--A highly automated vehicle that is also
a motor carrier vehicle that requires a commercial driver's
license under section 1606 (relating to requirement for
commercial driver's license) may operate on highways as a motor
carrier with or without a highly automated vehicle driver. A
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highly automated vehicle operated without a highly automated
vehicle driver shall operate under Federal and State law or
regulation governing the operation of commercial vehicles and
drivers, except provisions that by their nature reasonably apply
only to a driver shall not apply to a highly automated vehicle.
(b) Applicability of Public Utility Code.--
(1) The provisions 66 Pa.C.S. (relating to public
utilities) shall apply to a certificate holder and the
certificate holder's highly automated vehicles, except for
provisions that by their nature reasonably apply only to a
driver shall not apply to a highly automated vehicle.
(2) Except as provided for in paragraph (3), nothing
contained in this subchapter shall be construed to prohibit
the Pennsylvania Public Utility Commission from requiring an
authorization, license or approval from a certificate holder
for the operation of a highly automated vehicle if the
authorization, license or approval requirement is consistent
with 66 Pa.C.S. and does not discriminate against a highly
automated vehicle.
(3) Notwithstanding paragraph (2), the Pennsylvania
Public utility Commission may not require an authorization,
license or approval from a certificate holder if the
certificate holder:
(i) is not directly providing a commercial service
regulated by the Pennsylvania Public Utility Commission;
and
(ii) is only providing a highly automated vehicle to
another person that holds an authorization, license or
approval from the Pennsylvania Public Utility Commission
for use in a commercial service regulated by the
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Pennsylvania Utility Commission.
(4) Except as provided for in subsection (c), a
transportation network company licensed by the Pennsylvania
Public Utility Commission may utilize a certificate holder's
highly automated vehicle to provide transportation network
services under 66 Pa.C.S. Ch. 26 (relating to transportation
network service).
(c) Cities of the first class.--
(1) A transportation network company licensed by a
parking authority of a city of the first class may utilize a
certificate holder's highly automated vehicle to provide
transportation network services under 53 Pa.C.S. Ch. 57A
(relating to transportation network companies).
(2) The provisions of 53 Pa.C.S. Ch. 57A shall apply to
a highly automated vehicle as described in paragraph (1),
except for provisions that by their nature do not apply to a
driver of a highly automated vehicle when the highly
automated vehicle is operated without a highly automated
vehicle driver.
(d) Limitation.--The Pennsylvania Public Utility Commission
under subsection (b) and a parking authority of a city of the
first class under subsection (c) may not require, including as a
requirement of an authorization, license or approval:
(1) A highly automated vehicle to be operated with a
highly automated vehicle driver.
(2) Additional testing requirements for a highly
automated vehicle.
(3) Operational standards for a highly automated vehicle
that are substantially dissimilar to operational standards
for a motor vehicle operating without an automated driving
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system.
(4) Compliance with additional standards related to a
highly automated vehicle's automated driving system, ODD, DDT
or DDT fallback.
(e) Commercial restrictions.--A highly automated vehicle may
not:
(1) be operated as a school bus or school vehicle; or
(2) carry hazardous materials as defined in section 102
(relating to definitions) provided, however, that this
prohibition does not apply to transporting articles and
substances prepared in accordance with 49 C.F.R. 172.315
(relating to limited quantities) or that otherwise do not
require placarding pursuant to the Federal Hazardous
Materials Regulations (49 C.F.R. Part 100 et seq.) . , UNLESS
THE CERTIFICATE HOLDER RECEIVES CERTIFICATION FROM THE
DEPARTMENT FOLLOWING THE PROMULGATION OF REGULATIONS.
§ 8510. Preemption.
(a) Local preemption.--
(1) This subchapter preempts and supersedes all
ordinances relating to highly automated vehicles. A local
authority may not adopt or enforce a policy, rule or
ordinance that sets standards or otherwise burdens,
prohibits, limits or regulates the operation of a highly
automated vehicle.
(2) Except as provided for in subsection (b), a local
authority that enforces or enacts an ordinance in violation
of this subsection shall be considered to be in violation of
section 6101 (relating to applicability and uniformity of
title). LOCAL GOVERNANCE.
(A) LOCAL PREEMPTION.--THIS SUBCHAPTER PREEMPTS AND
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SUPERSEDES ALL ORDINANCES, POLICIES AND RULES OF A LOCAL
AUTHORITY RELATING TO HIGHLY AUTOMATED VEHICLES.
(b) Construction.--
(1) Nothing in subsection (a) shall be construed to
prohibit local authorities on streets or highways within
their physical boundaries from the reasonable exercise of
their police powers specified in section 6109 (relating to
specific powers of department and local authorities),
provided that the exercise of the police powers does not
specifically target BURDEN or discriminate against highly
automated vehicles.
(2) A policy, rule or ordinance AN ORDINANCE, POLICY OR
RULE that affects the operation of the highly automated
vehicle as a member of a type or class of vehicle, motor
vehicle or traffic shall not be a violation of subsection
(a).
§ 8510.1. Enforcement and penalties.
(a) Enforcement of title.--
(1) The ADS is considered the driver of a highly
automated vehicle when the ADS is engaged and no highly
automated vehicle driver is on board or in a remote location
for the purpose of assessing compliance under any provision
of this title relating to a driver of a vehicle or motor
vehicle, subject to the following:
(i) The ADS is considered to be a driver licensed to
operate the motor vehicle under this title.
(ii) If a police officer issues a citation, the
police officer shall cite the certificate holder.
(iii) The requirements of this title relating to
exhibiting a driver's license and registration card are
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satisfied if a vehicle registration card is in the highly
automated vehicle and physically or electronically
available for inspection by a police officer.
(2) The highly automated vehicle driver is considered
the driver of a highly automated vehicle when on board the
HAV or in a remote location for the purpose of assessing
compliance under this title, subject to the following:
(i) If a police officer issues a citation for a
violation of this title by a highly automated vehicle
with a highly automated vehicle driver, the police
officer shall cite the highly automated vehicle driver.
(ii) The requirements of this title relating to
exhibiting a registration card are satisfied if a vehicle
registration card is in the highly automated vehicle and
physically or electronically available for inspection by
a police officer.
(iii) A highly automated vehicle driver operating an
HAV from a remote location shall electronically or
physically exhibit a driver's license to a police officer
upon request if a physical copy or electronic copy of the
driver's license is not located within the highly
automated vehicle.
(1) THE CERTIFICATE HOLDER IS CONSIDERED A DRIVER OF A
HIGHLY AUTOMATED VEHICLE FOR THE PURPOSE OF ASSESSING
COMPLIANCE UNDER ANY PROVISION OF THIS TITLE RELATING TO A
DRIVER OF A VEHICLE OR MOTOR VEHICLE, SUBJECT TO THE
FOLLOWING:
(I) IF A POLICE OFFICER CHARGES FOR A VIOLATION OF
THIS TITLE, THE POLICE OFFICER SHALL CHARGE THE
CERTIFICATE HOLDER FOR ANY APPLICABLE OFFENSE.
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(II) IF THERE IS NO HAV DRIVER ON BOARD, THE
REQUIREMENTS OF THIS TITLE RELATING TO EXHIBITING A
DRIVER'S LICENSE AND REGISTRATION CARD ARE SATISFIED IF A
VEHICLE REGISTRATION CARD IS IN THE HIGHLY AUTOMATED
VEHICLE AND PHYSICALLY OR ELECTRONICALLY AVAILABLE FOR
INSPECTION BY A POLICE OFFICER.
(2) (RESERVED).
(b) Enforcement by department.--
(1) The department may only suspend or limit a
certificate of compliance for the following reasons:
(i) The certificate holder's highly automated
vehicle or automated driving system does not meet the
applicable requirements of this subchapter.
(ii) The certificate holder submitted materially
false information on the self-certification form
submitted to the department under section 8506 (relating
to self-certification).
(2) The department may only revoke a certificate of
compliance for the following reasons:
(i) The certificate holder knowingly operated a
highly automated vehicle during a time period when the
certificate holder's certificate of compliance was
suspended under paragraph (1).
(ii) The certificate holder knowingly operated a
highly automated vehicle in a manner that violated a
certificate of compliance limitation established by the
department under paragraph (1).
(iii) The certificate holder was convicted of any of
the following violations with respect to a violation of
this title by the certificate holder's highly automated
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vehicle when the ADS was engaged and no highly automated
vehicle driver was on board or in a remote location:
(A) Section 3732 (relating to homicide by
vehicle).
(B) Section 3732.1 (relating to aggravated
assault by vehicle).
(3) Nothing contained in this subchapter shall be
construed to allow the department to suspend, limit or revoke
a certificate of compliance except for the instances
specifically authorized in paragraphs (1) and (2).
(4) The department shall provide a notice and an
opportunity for an administrative hearing to a certificate
holder whose certificate of compliance is suspended, limited
or revoked under paragraphs (1) and (2).
(c) Penalties.--
(1) Except as provided for in paragraphs (2) and (3), a
certificate holder that violates a provision of this
subchapter shall be guilty of a summary offense and shall,
upon conviction, be sentenced to pay a fine of not less than
$25 and not more than $1,000.
(2) Except as provided for in paragraph (3), a person
that violates section 8504 (relating to certificate of
compliance required) shall be guilty of a summary offense and
shall, upon conviction, be sentenced to pay a fine of not
less than $500.
(3) A person that knowingly violates section 8504 and
whose certificate of compliance was suspended or revoked by
the department shall be guilty of a summary offense and
shall, upon conviction, be sentenced to pay a fine of not
less than $1,000.
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(4) A CERTIFICATE HOLDER THAT VIOLATES A PROVISION OF
THIS TITLE IN WHICH THE PENALTY IS A MISDEMEANOR OR FELONY
SHALL BE SUBJECT TO 18 PA.C.S. § 307 (RELATING TO LIABILITY
OF ORGANIZATIONS AND CERTAIN RELATED PERSONS).
§ 8510.2. Regulations and guidelines.
(a) General rule.--In order to facilitate the prompt
implementation of this subchapter, the department may SHALL
promulgate regulations and OR publish guidelines that are
consistent with:
(1) this subchapter; and THIS TITLE.
(2) Federal law or regulations relating to highly
automated vehicles.
(b) Temporary regulations.--Notwithstanding any other
provision of law, AND SUBJECT TO SUBSECTION (D), regulations
promulgated by the department under this subchapter during the
two years following the effective date of this section shall be
deemed temporary regulations, which shall expire no later than
three years following the effective date of this section or upon
promulgation of final regulations. The temporary regulations
shall not be subject to:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
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(c) Publication.--The department shall transmit temporary
regulations promulgated under subsection (b) to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin.
(d) Consultation required AND PUBLIC COMMENT .--Prior to
promulgating regulations , TEMPORARY REGULATIONS or publishing
guidelines and policies under this subchapter, the department
shall consult with the advisory committee . IN A PUBLIC MEETING.
THE DEPARTMENT SHALL CONDUCT A 10-DAY PUBLIC COMMENT PERIOD
BEFORE PROMULGATING TEMPORARY REGULATIONS OR PUBLISHING
GUIDELINES, AND THE DEPARTMENT SHALL ADHERE TO THE PUBLIC
COMMENT PERIOD UNDER THE REGULATORY REVIEW ACT BEFORE
PROMULGATING REGULATIONS.
§ 8510.3. Confidential records.
(A) GENERAL RULE.-- Information, data or records obtained by
the department under this chapter shall not be subject to the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law, if:
(1) The information, data or records constitute or
reveal a trade secret or confidential proprietary
information.
(2) Disclosure of the information, data or records could
affect the safe operation of highly automated vehicles.
(B) DISCLOSURE.--EXCEPT FOR INFORMATION, DATA OR RECORDS NOT
SUBJECT TO DISCLOSURE UNDER THE RIGHT-TO-KNOW LAW OR UNDER
SUBSECTION (A), THE DEPARTMENT SHALL PROVIDE THE INFORMATION IN
THE CERTIFICATE OF COMPLIANCE, ACCIDENT INFORMATION CONSISTENT
WITH SECTION 3746 (RELATING TO IMMEDIATE NOTICE OF ACCIDENT TO
POLICE DEPARTMENT) OR THE DATA AND INFORMATION COLLECTED UNDER
SECTION 8506(B) (RELATING TO SELF-CERTIFICATION) TO ANY
REQUESTING MUNICIPALITY WHERE A HIGHLY AUTOMATED VEHICLE IS
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OPERATING.
§ 8510.4. Appeals.
A certificate holder may appeal an action taken by the
department under this subchapter in accordance with 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
§ 8510.5. Interstate agreements.
(a) Agreements authorized.--The department may negotiate one
or more interstate agreements on behalf of the Commonwealth with
regulatory agencies of other states for the interstate operation
of highly automated vehicles and platoons approved for operation
in the Commonwealth under this chapter and for highly automated
vehicles and platoons approved for operation in states that are
parties to the agreement.
(b) Approval required.--An interstate agreement negotiated
by the department under subsection (a) shall become effective
upon approval by the Governor.
(c) Regulations.--The department may promulgate regulations
governing the interstate operation of highly automated vehicles
and platoons consistent with this chapter and the interstate
agreement.
(d) Limitation.--An interstate agreement shall only be
(D) LIMITATION.--THE FOLLOWING SHALL APPLY:
(1) AN INTERSTATE AGREEMENT SHALL ONLY BE approved by
the Governor if permitted under Federal law or regulation and
shall be consistent with Federal law or regulation.
(2) AN INTERSTATE AGREEMENT SHALL ENSURE THAT EVERY
HIGHLY AUTOMATED VEHICLE OPERATED WITHIN THIS COMMONWEALTH
UNDER THE AGREEMENT IS INSURED OR SELF-INSURED IN THE MINIMUM
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AMOUNT AS REQUIRED BY THIS SUBCHAPTER.
Section 15 10. Chapter 85 of Title 75 is amended by adding a
subchapter to read:
SUBCHAPTER D
OTHER AUTOMATED VEHICLES
Sec.
8531. Highly automated work zone vehicles.
8532. Platooning.
§ 8531. Highly automated work zone vehicles.
The department or the Pennsylvania Turnpike Commission, as
applicable, shall authorize locations in this Commonwealth on a
periodic basis where a highly automated work zone vehicle may be
deployed. A driver may be required in a highly automated work
zone vehicle when used in an active work zone.
§ 8532. Platooning.
(a) General rule.--The department shall be the lead
Commonwealth agency on platooning.
(b) Exception.--Nonlead vehicles in a platoon shall not be
subject to section 3310 (relating to following too closely).
(c) Visual identifier.--Each vehicle in a platoon shall be
marked with a visual identifier on the power unit. The
department, after consultation with the Pennsylvania State
Police and the Pennsylvania Turnpike Commission, shall establish
the criteria and placement of the visual identifier.
(d) Restrictions.--A platoon shall observe the following
restrictions:
(1) A maximum of three vehicles shall be in a platoon.
(2) Vehicles in a platoon shall travel only on limited-
access highways or interstate highways, unless otherwise
permitted by the department or the Pennsylvania Turnpike
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Commission, as applicable.
(3) The department or the Pennsylvania Turnpike
Commission, as applicable under paragraph (2), may restrict
vehicle movement under this section for operational or safety
reasons, including emergency conditions.
(4) Except as provided under paragraph (5), a driver
shall be in each vehicle of a platoon.
(5) Consistent with applicable Federal or State law and
regulations, the lead vehicle may operate with a driver and
one nonlead vehicle may operate with an ADS engaged with or
without a driver.
(e) Plan for general platoon operations.--
(1) A person may operate a platoon on a highway of this
Commonwealth if the person files a plan for general platoon
operations with the department, in consultation with the
Pennsylvania State Police and the Pennsylvania Turnpike
Commission, as applicable.
(2) If the plan is not approved, rejected or additional
information requested by the department within 30 days after
receipt of the plan, the plan shall be deemed approved and
the person may operate the platoon.
Section 16 11. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The amendment of 75 Pa.C.S. § 1106(b) shall take
effect in one year.
(3) THE ADDITION OF 75 PA.C.S. § 3723 SHALL TAKE EFFECT
IN 60 DAYS.
(3) (4) The addition of 75 Pa.C.S. § 8510.2 shall take
effect immediately.
(4) (5) The remainder of this act shall take effect in
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180 240 days.
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