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PRINTER'S NO. 1238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1078
Session of
2019
INTRODUCED BY MARSHALL, MASSER, MILLARD, MURT, ROTHMAN AND
BERNSTINE, APRIL 5, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 5, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in miscellaneous provisions, providing for
autonomous vehicles and imposing a penalty.
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:
§ 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." 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. The term is
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used specifically to describe a level 3, 4 or 5 driving
automation system.
"Automated mode." The status of vehicle operation where the
automated driving system performs the dynamic driving task, with
or without a natural person actively supervising the automated
technology's performance of the dynamic driving task.
* * *
"Autonomous shuttle vehicle." A motor vehicle designed to
transport passengers within a designated area or in a defined
route, as determined by the department, equipped with an
automated driving system and which may include an operator as
defined in section 8601 (relating to definitions).
* * *
"Dynamic driving task." All of the real-time operational and
tactical functions required to operate a vehicle in on-road
traffic, excluding the strategic functions such as trip
scheduling and selection of destinations and way points.
"Dynamic driving task fallback." The response by the user,
as defined in section 8601, or by an automated driving system to
either perform the dynamic driving task or achieve a minimal
risk condition after occurrence of a dynamic driving task
performance-relevant system failure or upon operational design
domain exit.
* * *
"Minimal risk condition." A condition to which a user, as
defined in section 8601, or an automated driving system may
bring a vehicle after performing the dynamic driving task
fallback in order to reduce the risk of an accident when a given
trip cannot or should not be completed.
* * *
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"Operational design domain." The specific conditions under
which a given automated driving system or feature of an
automated driving system is designed to function, including, but
not limited to, driving modes, and may incorporate a variety of
limitations, such as those from geography, traffic, speed and
roadways.
* * *
"Remote driver." A driver who is not seated in a position to
manually exercise in-vehicle braking, accelerating, steering and
transmission gear selection input devices, if any, but is able
to operate the vehicle.
* * *
Section 2. Title 75 is amended by adding a chapter to read:
CHAPTER 86
AUTONOMOUS VEHICLES
Subchapter
A. Preliminary Provisions
B. (Reserved)
C. Autonomous Shuttle Vehicles
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
8601. Definitions.
§ 8601. 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:
"Operator."
(1) An individual who:
(i) Possesses the proper class of license for the
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vehicle being operated.
(ii) Is positioned in the autonomous shuttle vehicle
with immediate access to steering, braking and
accelerating.
(2) The term includes a driver when the automated
driving system disengages or when the operator disengages the
automated driving system to perform the dynamic driving task
in conventional mode.
"Owner." An owner of an autonomous shuttle vehicle.
"Passenger." A natural person who:
(1) has no role in the operation of that vehicle; and
(2) is not required to possess a valid license for the
class of vehicle being operated.
"User." A natural person who performs a role in an automated
driving system, including a driver, remote driver, dynamic
driving task fallback individual and dispatcher.
SUBCHAPTER B
(Reserved)
SUBCHAPTER C
AUTONOMOUS SHUTTLE VEHICLES
Sec.
8621. Operation authorized.
8622. Plan of operations.
8623. Notification of route modification.
8624. Suspension or revocation of plan of operations.
8625. Vehicle laws.
8626. Incident reporting.
8627. Penalties.
8628. Liability.
8629. Preemption.
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§ 8621. Operation authorized.
(a) General rule.--The department may authorize the
operation of an autonomous shuttle vehicle on an approved route
that includes a public highway or that crosses a public highway
provided:
(1) The autonomous shuttle vehicle is capable of
operating in compliance with all applicable traffic and motor
vehicle laws.
(2) A plan of operations has not been rejected by the
department under section 8622 (relating to plan of
operations).
(b) Human operator not required.--An autonomous shuttle
vehicle operating in automated mode when the automated driving
system is engaged does not require a human operator. When an
automated driving system is engaged, a human operator is not
required to be present in or operate the vehicle.
§ 8622. Plan of operations.
(a) General rule.--An autonomous shuttle vehicle may operate
along an approved route on a roadway of this Commonwealth if:
(1) the owner or operator files a plan of operations
with the department; and
(2) the plan is not rejected by the department within 60
days after receipt of the plan.
(b) Required information.--The plan of operations shall
include, but not be limited to, the following:
(1) Name and address of the owner and name and address
of the entity that will be operating the autonomous shuttle
vehicle, if they differ.
(2) Defined route to include all municipalities in which
the autonomous shuttle vehicle will operate.
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(3) Proof the owner has insurance coverage that meets or
exceeds the requirements of section 8628(a) (relating to
liability).
(4) Proof of registration and title in accordance with
section 1301 (relating to registration and certificate of
title required).
(5) Self-certification that the autonomous shuttle
vehicle complies with applicable Federal laws and will comply
with applicable State and local traffic and motor vehicle
laws.
(c) Public comment period.--Once the department has received
a plan of operations, the department shall post a notice within
five days for public comment with regard to the associated plan.
The public shall have 30 days to comment to the department. The
department shall consider the comments during the approval
process.
(d) Policy development.--The department shall develop a
policy to define petition elements and evaluation criteria.
(e) Suspension or revocation.--The department reserves the
right to suspend or revoke a plan of operations for cause.
§ 8623. Notification of route modification.
(a) Notification.--The owner shall immediately notify the
department on a form prescribed by the department of a
modification to the defined route and the reason for the
modification.
(b) Approval by department.--The department shall approve a
modification prior to operation on a modified route.
§ 8624. Suspension or revocation of plan of operations.
The department reserves the right to suspend or revoke an
approved plan of operations submitted under section 8622(a)
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(relating to plan of operations).
§ 8625. Vehicle laws.
(a) License and registration.--For an autonomous shuttle
vehicle operating pursuant to section 8621(b) (relating to
operation authorized), the requirements under this title for
exhibiting a driver's license and vehicle registration are
satisfied if the vehicle registration card is in the vehicle,
physically or electronically, and available for inspection by a
police officer.
(b) Unattended vehicle.--An autonomous shuttle vehicle
operating without an operator while the automated driving system
is engaged shall not be in violation of section 3701 (relating
to unattended motor vehicle).
§ 8626. Incident reporting.
(a) General rule.--No violation of this chapter or section
7728 (relating to accidents and accident reports) shall occur
when an autonomous shuttle vehicle, operating with the automated
driving system engaged and without the presence of an operator,
is involved in an accident if:
(1) the owner, the vehicle or the operator of the
vehicle promptly contacts the appropriate law enforcement
agency to report the accident;
(2) the owner, the vehicle or the operator of the
vehicle promptly calls for medical assistance, if
appropriate;
(3) for a reportable accident, the vehicle remains at
the scene of the accident until vehicle registration and
insurance information is provided to the parties affected by
the accident and a law enforcement officer authorizes the
vehicle to be moved; and
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(4) for a nonreportable accident, the vehicle remains at
the scene or in the immediate vicinity of the accident until
vehicle registration and insurance information is provided to
the parties affected by the accident remaining at the scene.
(b) Notification.--The owner of an autonomous shuttle
vehicle shall notify the department, on a form prescribed by the
department, of any reportable or nonreportable accident within
72 hours of the accident.
§ 8627. Penalties.
The use of an autonomous shuttle vehicle absent approval of
the department under section 8622 (relating to plan of
operations) constitutes a summary offense. Upon conviction, the
offending party shall be sentenced to pay a fine of not more
than $10,000.
§ 8628. Liability.
(a) General rule.--The owner of an autonomous shuttle
vehicle shall maintain an instrument of insurance or self-
insurance in the amount of at least $5,000,000 and shall be
strictly liable for any third-party damages arising out of the
maintenance or use of an autonomous shuttle vehicle.
(b) Construction.--Nothing in this section shall preclude an
owner from bringing a claim against a party involved in the
design, manufacture or testing of an autonomous shuttle vehicle
under this chapter, provided that the claim does not delay
resolution of a claim involving a third party under subsection
(a).
§ 8629. Preemption.
In accordance with section 6101 (relating to applicability
and uniformity of title), this chapter supersedes and preempts
all ordinances regarding autonomous shuttle vehicles. A State
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agency and political subdivision of the Commonwealth shall not
adopt or enforce a policy, rule or ordinance that sets standards
for or otherwise burdens, prohibits, limits or regulates the use
of an autonomous shuttle vehicle.
Section 3. This act shall take effect in 90 days.
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