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PRIOR PRINTER'S NOS. 1613, 1897
PRINTER'S NO. 2029
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1096
Session of
2018
INTRODUCED BY BROWNE, RAFFERTY, RESCHENTHALER, VULAKOVICH,
KILLION, McGARRIGLE, BOSCOLA, BLAKE, YUDICHAK AND SABATINA,
MARCH 28, 2018
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 25, 2018
AN ACT
Amending Title TITLES 74 (TRANSPORTATION) AND 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, IN AVIATION ADVISORY
COMMITTEE, FURTHER PROVIDING FOR AVIATION ADVISORY COMMITTEE;
in general provisions, further providing for definitions; in
rules of the road in general, providing for platooning; and
providing for highly automated vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
SECTION 1. SECTION 6304 OF TITLE 74 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 6304. AVIATION ADVISORY COMMITTEE.
* * *
(C.1) VACANCIES.--IF A POSITION UNDER SUBSECTION (A) 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 VACANCY.
* * *
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SECTION 2. SECTION 102 OF TITLE 75 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:
* * *
"Highly automated work zone vehicle." A motor vehicle
equipped either with an automated driving system, or connected
by wireless communication or other technology to another vehicle
allowing for coordinated or controlled movement, used in an
active work zone as implemented APPROVED by the department or
the Pennsylvania Turnpike Commission , AS APPLICABLE .
* * *
"Platoon." A group of motor vehicles, buses, military
vehicles or motor carrier vehicles operated by a human DRIVER
traveling in a unified manner at electronically coordinated
speeds at following distances that are closer than would be
reasonable and prudent without such coordination. The term does
not include a school bus or a school vehicle.
* * *
Section 2 3. Title 75 is amended by adding a section to
read:
§ 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
subject to the provisions of section 3310 (relating to following
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too closely).
(b) (C) Visual identifier.--All vehicles 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 publish
guidelines in the Pennsylvania Bulletin establishing ESTABLISH
the criteria and placement of the visual identifier AS PART OF
SUBSECTION (E) .
(c) (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.
(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
SHALL BE ALLOWED TO OPERATE THE PLATOON.
Section 3 4. Title 75 is amended by adding a chapter to
read:
CHAPTER 85
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HIGHLY AUTOMATED VEHICLES
Sec.
8501. Definitions.
8502. Highly automated work zone vehicle.
8503. Commonwealth agency.
8504. Highly Automated Vehicle Advisory Committee.
§ 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:
"Advisory committee." The Highly Automated Vehicle Advisory
Committee established in section 8504 (relating to Highly
Automated Vehicle Advisory Committee).
§ 8502. Highly automated work zone vehicle.
(a) General rule.-- The department or the Pennsylvania
Turnpike Commission, as applicable, shall authorize the
locations in Pennsylvania, on a periodic basis, to permit the
deployment of a highly automated work zone vehicle.
(b) Requirements.-- A highly automated work zone vehicle
shall not require a human operator only when operating in an
active work zone .
§ 8503. Commonwealth agency.
(a) Authorization.--The department and the Pennsylvania
Turnpike Commission may deploy a highly automated work zone
vehicle in accordance with section 8502 (relating to highly
automated work zone vehicle) or platoon in accordance with
section 3317 (relating to platooning) if the department or the
Pennsylvania Turnpike Commission owns the vehicle.
(b) Sovereign immunity.--As provided by section 11 of
Article I of the Constitution of Pennsylvania, it is declared to
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be the intent of the General Assembly that a Commonwealth
agency, its officials and employees, acting within the scope of
their duties and in accordance with section 3317 or 8502, shall
continue to enjoy sovereign immunity and official immunity and
remain immune from suits. A claim against the Commonwealth and
its officials and employees shall be brought only in the manner,
in the court and in the cases as directed under 42 Pa.C.S. Ch.
85 (relating to matters affecting government units). 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
APPROVE 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.
§ 8504 8503 . Highly Automated Vehicle Advisory Committee.
(a) Establishment.--The Highly Automated Vehicle Advisory
Committee is established under the jurisdiction of WITHIN the
department.
(b) Composition.--The advisory committee shall consist of
not more than 21 members. The members shall be as follows:
(1) The secretary, who shall chair the advisory
committee.
(2) The Commissioner of Pennsylvania State Police.
(3) The Chief Executive Officer of the Pennsylvania
Turnpike Commission.
(4) The chairperson and minority chairperson of the
Transportation Committee of the Senate.
(5) The chairperson and minority chairperson of the
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Transportation Committee of the House of Representatives.
(6) Not more than 14 members of the public, appointed by
the Secretary of Transportation, that may include a diverse
group of representatives, including, but not limited to,
business, academia, local authorities, insurance, safety
advocates, consumer advocates, engineers, labor
organizations, environmental experts, and other members
determined to be appropriate by the Secretary of
Transportation.
(7) Each member under paragraphs (2), (3), (4) and (5)
may designate an alternate to serve in the member's stead.
The member shall notify the chairperson in writing of the
designation.
(c) Terms.--The terms of each member appointed by the
Secretary of Transportation shall be for three years. A member
of the advisory committee may be reappointed for additional
terms. An individual appointed to fill a vacancy shall serve for
the unexpired term and shall be eligible for reappointment.
(d) Powers and duties.--The powers and duties of the
advisory committee shall be to advise and consult the Governor,
the secretary and the General Assembly on all aspects of highly
automated vehicles and may do any of the following, including,
but not limited to:
(1) Develop technical guidance.
(2) Evaluate best practices.
(3) Recommend legislation and policy.
(4) Engage in continued research and evaluation of the
technology necessary to ensure safe testing, deployment and
continued innovation in this Commonwealth.
(e) Meetings and expenses.--The following shall apply:
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(1) The advisory committee shall meet at least three
times annually, but may hold additional meetings as are
called by the chairperson of the advisory committee. The
chairperson shall provide notice at least 14 days in advance
for regular meetings and shall provide a minimum of three
days' notice for special meetings.
(2) The secretary shall maintain a record of meeting
attendance by members and shall provide written notice to
appointed members who miss two consecutive meetings. An
appointed member under subsection (b)(6) who misses three
consecutive meetings without good cause acceptable to the
chairperson of the advisory committee may be replaced by the
secretary.
(3) Minutes of the meetings shall be prepared and filed
with the advisory committee and distributed to each member.
Each record shall be a matter of public record.
(4) An appointed member under subsection (b)(6) may not
receive per diem expenses.
(5) The department shall provide appropriate staff
support to enable the advisory committee to properly carry
out the advisory committee's functions.
(f) Annual report.--The department shall provide an annual
report of the activities under subsection (d) on the
department's publicly accessible Internet website.
Section 4. This act shall take effect in 90 days.
THE FOLLOWING MEMBERS:
(1) THE SECRETARY OF TRANSPORTATION, WHO SHALL SERVE AS
THE CHAIRPERSON OF THE ADVISORY COMMITTEE.
(2) THE SECRETARY OF COMMUNITY AND ECONOMIC DEVELOPMENT.
(3) THE INSURANCE COMMISSIONER.
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(4) THE SECRETARY OF LABOR AND INDUSTRY.
(5) THE COMMISSIONER OF PENNSYLVANIA STATE POLICE.
(6) THE CHIEF EXECUTIVE OFFICER OF THE PENNSYLVANIA
TURNPIKE 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 IN
THIS COMMONWEALTH.
(II) ONE MEMBER REPRESENTING A TRANSPORTATION,
EDUCATIONAL OR RESEARCH INSTITUTION IN THIS COMMONWEALTH.
(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 OR
PEDESTRIANS IN THIS COMMONWEALTH.
(VI) ONE MEMBER REPRESENTING DRIVERS OR CONSUMERS IN
THIS COMMONWEALTH.
(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.
(C) VACANCIES.--IF A POSITION UNDER SUBSECTION (B)(9) HAS
BEEN VACANT FOR 120 DAYS, AN APPOINTMENT SHALL BE MADE ON A
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ROTATING BASIS BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO FILL THE VACANCY.
(D) ALTERNATES.--AN ADVISORY COMMITTEE MEMBER UNDER
SUBSECTION (B)(2), (3), (4), (5), (6), (7) OR (8) MAY DESIGNATE
AN ALTERNATE TO SERVE IN THE MEMBER'S ABSENCE. THE ADVISORY
COMMITTEE MEMBER SHALL NOTIFY THE CHAIRPERSON OF THE ADVISORY
COMMITTEE IN WRITING OF THE DESIGNATION.
(D.1) FURTHER ALTERNATES.--THE SECRETARY MAY DESIGNATE AN
ALTERNATE UNDER SUBSECTION (D) WHO MUST BE A DEPUTY SECRETARY.
(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)(9) 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 THREE
TIMES ANNUALLY, BUT MAY HOLD ADDITIONAL MEETINGS AS ARE
CALLED BY THE CHAIRPERSON OF THE ADVISORY COMMITTEE. THE
CHAIRPERSON SHALL PROVIDE NOTICE AT LEAST 14 DAYS IN ADVANCE
FOR REGULAR MEETINGS AND SHALL PROVIDE A MINIMUM OF THREE
DAYS' NOTICE FOR SPECIAL MEETINGS.
(2) A RECORD OF MEETING ATTENDANCE SHALL BE MAINTAINED
AND APPOINTED MEMBERS MUST RECEIVE WRITTEN NOTICE IF TWO
CONSECUTIVE MEETINGS ARE MISSED. AN APPOINTED MEMBER UNDER
SUBSECTION (B)(9) WHO MISSES THREE CONSECUTIVE MEETINGS
WITHOUT GOOD CAUSE ACCEPTABLE TO THE CHAIRPERSON OF THE
ADVISORY COMMITTEE MAY BE REPLACED BY THE GOVERNOR.
(3) MINUTES OF THE MEETINGS SHALL BE PREPARED AND FILED
WITH THE ADVISORY COMMITTEE AND DISTRIBUTED TO ALL MEMBERS.
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ALL RECORDS SHALL BE A MATTER OF PUBLIC RECORD.
(4) AN APPOINTED MEMBER UNDER SUBSECTION (B)(9) MAY NOT
RECEIVE PER DIEM EXPENSES.
(5) THE DEPARTMENT SHALL PROVIDE APPROPRIATE STAFF
SUPPORT TO ENABLE THE ADVISORY COMMITTEE TO PROPERLY CARRY
OUT THE ADVISORY COMMITTEE'S FUNCTIONS.
(G) POWERS.--THE ADVISORY COMMITTEE SHALL HAVE THE POWER TO
ADVISE AND CONSULT THE SECRETARY ON ALL ASPECTS OF HIGHLY
AUTOMATED VEHICLES AND PLATOONING IN THIS COMMONWEALTH AND MAY
UNDERTAKE ANY OF THE FOLLOWING, AT A MINIMUM:
(1) DEVELOPING TECHNICAL GUIDANCE.
(2) EVALUATING BEST PRACTICES.
(3) REVIEWING EXISTING LAWS, REGULATIONS AND POLICIES.
(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.
(H) ANNUAL REPORT.--THE DEPARTMENT SHALL PROVIDE AN ANNUAL
REPORT OF THE ACTIVITIES OF THE ADVISORY COMMITTEE UNDER
SUBSECTION (G) ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE.
SECTION 5. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.
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