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PRINTER'S NO. 2182
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1637
Session of
2017
INTRODUCED BY MARSHALL, JUNE 28, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 28, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in operation of vehicles, providing for autonomous
vehicles; and establishing the Fully Autonomous Vehicle
Advisory Committee.
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
AUTONOMOUS VEHICLES
Subchapter
A. Preliminary Provisions
B. Operation of Fully Autonomous Vehicles
C. Registration and Titles
D. On-Demand Autonomous Vehicle Network
E. Liability
F. Fully Autonomous Vehicle Advisory Committee
G. Controlling Authority
SUBCHAPTER A
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PRELIMINARY PROVISIONS
Sec.
3601. Definitions.
ยง 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:
"Advisory committee." The Fully Autonomous Vehicle Advisory
Committee established in section 3661 (relating to Fully
Autonomous Vehicle Advisory Committee).
"Automated driving system." The hardware and software that
are collectively capable of performing the entire dynamic
driving task on a sustained basis, regardless of whether it is
limited to a specific operational design domain.
"Dynamic driving task." All of the real-time operational and
tactical functions, as further defined in SAE J3016, required to
operate a vehicle in on-road traffic, excluding the strategic
functions, such as trip scheduling and selection of destinations
and waypoints.
"Fully autonomous vehicle." A vehicle equipped with an
automated driving system designed to function without a human
driver as a level 4 or 5 system under SAE J3016.
"Minimal risk condition." A low-risk operating mode in which
a fully autonomous vehicle operating without a human driver
achieves a reasonably safe state, such as bringing the vehicle
to a complete stop, upon experiencing a failure of the vehicle's
automated driving system that renders the vehicle unable to
perform the entire dynamic driving task.
"On-demand autonomous vehicle network." A passenger
transportation network that uses a software application or other
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digital means to connect passengers to fully autonomous vehicles
for transportation, including for-hire transportation and
transportation for compensation.
"Operational design domain." A description of the specific
operating domains in which an automated driving system is
designed to properly operate, including roadway types, speed
range, environmental conditions and other domain constraints.
"SAE J3016." The Taxonomy and Definitions for Terms Related
to Driving Automation Systems for On-Road Motor Vehicles
published by SAE International in September 2016.
SUBCHAPTER B
OPERATION OF FULLY AUTONOMOUS VEHICLES
Sec.
3611. Operating requirements.
3612. Vehicle insurance.
3613. Reporting of accidents.
3614. Construction with other laws.
ยง 3611. Operating requirements.
A person may operate a fully autonomous vehicle on the public
highways of this Commonwealth without a human driver if the
vehicle meets all of the following conditions:
(1) If a failure of the automated driving system occurs
that renders that system unable to perform the entire dynamic
driving task relevant to its intended operational design
domain, the vehicle achieves a minimal risk condition.
(2) The vehicle is capable of operating in compliance
with the applicable traffic and motor vehicle safety laws and
regulations of this Commonwealth when reasonable to do so,
unless an exemption has been granted by department.
(3) The vehicle bears the required manufacturer's
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certification label indicating that, at the time of vehicle
manufacture, the vehicle is certified as in compliance with
all applicable Federal motor vehicle safety standards.
ยง 3612. Vehicle insurance.
Before operating a fully autonomous vehicle on public
highways in this Commonwealth without a human driver, a person
shall submit proof of financial responsibility satisfactory to
the department that the fully autonomous vehicle is covered by
insurance or proof of self-insurance that satisfies the
requirements of Subchapter H of Chapter 17 (relating to proof of
financial responsibility).
ยง 3613. Reporting of accidents.
A person that operates a fully autonomous vehicle without a
human driver on public highways in this Commonwealth shall
report any accidents or collisions in accordance with Subchapter
C of Chapter 37 (relating to accidents and accident reports).
ยง 3614. Construction with other laws.
Subject to the requirements of this chapter, no motor vehicle
laws of this Commonwealth shall be construed as requiring a
human driver to operate a fully autonomous vehicle that is being
operated by an automated driving system, and the automated
driving system of the fully autonomous vehicle, when engaged,
shall be deemed to fulfill any physical acts required of a human
driver.
SUBCHAPTER C
REGISTRATION AND TITLES
Sec.
3631. Registration.
3632. Titles.
ยง 3631. Registration.
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The following shall apply:
(1) A fully autonomous vehicle shall be properly
registered in accordance with section 1301 (relating to
registration and certificate of title required).
(2) If a fully autonomous vehicle is registered by the
Commonwealth, the fully autonomous vehicle shall be
registered by the department using the code "FAV" in a new
data field unless the National Highway Traffic Safety
Administration approves a different means to code fully
autonomous vehicles.
ยง 3632. Titles.
The following shall apply:
(1) A fully autonomous vehicle shall be properly titled
in accordance with section 1101 (relating to certificate of
title required).
(2) If a fully autonomous vehicle is registered by the
Commonwealth, the fully autonomous vehicle shall be
identified on the title by the department using the code
"FAV" in a new data field unless the National Highway Traffic
Safety Administration approves a different means to code
fully autonomous vehicles.
SUBCHAPTER D
ON-DEMAND AUTONOMOUS VEHICLE NETWORK
Sec.
3641. On-demand autonomous vehicle network.
ยง 3641. On-demand autonomous vehicle network.
Notwithstanding any other State or local law, a person may
operate an on-demand autonomous vehicle network. An on-demand
autonomous vehicle network may provide transportation for
individual or multiple passengers who agree to share the ride in
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whole or in part. An on-demand autonomous vehicle network may
connect passengers to fully autonomous vehicles either:
(1) exclusively; or
(2) as part of a digital network that also connects
passengers to human drivers who provide transportation
services, consistent with applicable law, in vehicles that
are not fully autonomous vehicles.
SUBCHAPTER E
LIABILITY
Sec.
3651. Liability for violations.
ยง 3651. Liability for violations.
Nothing in this chapter shall be construed as affecting or
modifying an existing legal basis for determining liability, or
defense to liability, for 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 F
FULLY AUTONOMOUS VEHICLE ADVISORY COMMITTEE
Sec.
3661. Fully Autonomous Vehicle Advisory Committee.
ยง 3661. Fully Autonomous Vehicle Advisory Committee.
(a) Establishment.--The Fully Autonomous Vehicle Advisory
Committee is established within the department.
(b) Composition.--The advisory committee shall consist of
the following members:
(1) The secretary, who shall serve as the chairperson of
the advisory committee.
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(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
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) One member representing a technology company
engaged in fully autonomous vehicle research.
(iv) One member representing an automaker engaged in
fully autonomous vehicle research.
(v) One member representing bicyclists or
pedestrians in this Commonwealth.
(vi) One member representing drivers or consumers in
this Commonwealth.
(vii) One member representing a municipality of this
Commonwealth.
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(viii) One member representing an insurance company,
association or exchange who is authorized to transact the
business of motor vehicle insurance in this Commonwealth.
(c) Appointments.--If a position under subsection (b)(10)
has been vacant for 120 days, an appointment shall be made on a
rotating basis by the President pro tempore of the Senate and
the Speaker of the House of Representatives to fill the
position.
(d) Alternates.--An advisory committee member under
subsection (b)(1), (2), (3), (4), (5), (6), (7), (8) or (9) may
designate an alternate to serve in the member's stead. The
advisory committee member shall notify the chairperson of the
advisory committee in writing of the designation.
(e) Terms.--An advisory committee member may be reappointed
for additional terms. The terms of advisory committee members
appointed by the Governor under subsection (b)(10) shall be
three years. An individual appointed to fill a vacancy on the
advisory 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 advisory committee shall meet at least annually.
(2) An advisory committee member appointed by the
Governor under subsection (b)(10) who misses three
consecutive meetings without good cause acceptable to the
chairperson of the advisory committee may be replaced by the
Governor.
(3) An advisory committee member may not receive per
diem expenses.
(4) The department shall provide appropriate staff
support to enable the advisory committee to properly carry
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out the advisory committee's functions.
(g) Duties.--The advisory committee shall study and make
recommendations to the General Assembly relating to fully
autonomous vehicles.
(h) Sunset.--The advisory committee shall terminate on
December 31, 2020.
SUBCHAPTER G
CONTROLLING AUTHORITY
Sec.
3671. Preemption of local requirements.
ยง 3671. Preemption of local requirements.
The following shall apply:
(1) Unless otherwise provided in this chapter and
notwithstanding any other provision of law, fully autonomous
vehicles and automated driving systems are governed
exclusively by this chapter. The department is the sole and
exclusive Commonwealth agency that may implement the
provisions of this chapter.
(2) No State agency or other Commonwealth entity may
impose requirements, including performance standards,
specific to the operation of fully autonomous vehicles,
automated driving systems or on-demand autonomous vehicle
networks in addition to the requirements of this chapter.
(3) In accordance with section 6101 (relating to
applicability and uniformity of title), this chapter
supersedes and preempts all ordinances of a municipality
regarding fully autonomous vehicles, automated driving system
or on-demand vehicle network on trafficways.
Section 2. This act shall take effect in 90 days.
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