PRINTER'S NO. 3442
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2300
Session of
2018
INTRODUCED BY MARSHALL, CHARLTON, JAMES, JOZWIAK, ROTHMAN,
SAYLOR, SCHLOSSBERG AND WARD, APRIL 24, 2018
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 24, 2018
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, imposing a penalty and establishing the
Connected and Highly Autonomous Vehicle Advisory Committee
and providing for its powers and duties.
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
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limited to a specific operational design domain.
"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.
* * *
"Dynamic driving task." As follows:
(1) The real-time operational and tactical functions
required to operate a vehicle in on-road traffic, including:
(i) Lateral motor vehicle motion control via
steering.
(ii) Longitudinal motor vehicle motion control via
acceleration and deceleration.
(iii) Monitoring the driving environment via object
and event detection, recognition, classification and
response preparation.
(iv) Object and event response execution.
(v) Maneuver planning.
(vi) Enhancing conspicuity via lighting, signaling
and gesturing.
(2) The term does not include strategic functions such
as trip scheduling and selection of destinations and way
points.
* * *
"Fallback." The response by the user or by an automated
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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.
* * *
"Minimal risk condition." A condition to which a user 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.
* * *
"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.
* * *
"Remote operator." A natural person who:
(1) Possesses the proper class of license for the type
of test vehicle being tested or operated.
(2) Engages and has the ability to monitor the vehicle.
(3) May have the ability to perform the dynamic driving
task for the vehicle or cause the vehicle to achieve a
minimal risk condition.
* * *
Section 2. Title 75 is amended by adding a chapter to read:
CHAPTER 85
AUTONOMOUS VEHICLES
Subchapter
A. Preliminary Provisions
B. (Reserved)
C. Autonomous Shuttle Vehicles
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D. Connected and Highly Autonomous Vehicle Advisory Committee
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
8501. Definitions.
§ 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:
"Operator."
(1) An individual who:
(i) Possesses the proper class of license for the
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 user in a vehicle who:
(1) Has no role in the operation of that vehicle.
(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, passenger,
dynamic driving task fallback individual and dispatcher.
SUBCHAPTER B
(RESERVED)
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SUBCHAPTER C
AUTONOMOUS SHUTTLE VEHICLES
Sec.
8521. Operation authorized.
8522. Petition to operate autonomous shuttle vehicle.
8523. Notification of route modification.
8524. Termination of petition process.
8525. Vehicle laws.
8526. Incident reporting.
8527. Penalties.
8528. Liability.
8529. Preemption.
§ 8521. 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 petition has been approved by the department under
section 8522 (relating to petition to operate autonomous
shuttle vehicle).
(b) Human operator not required.--An autonomous shuttle
vehicle is operating or driving in automated mode when the
automated driving system is engaged. When an automated driving
system is engaged, a human operator is not required to be
present in or operate the vehicle.
§ 8522. Petition to operate autonomous shuttle vehicle.
An owner shall petition the department to authorize the
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operation of an autonomous shuttle vehicle on an approved route
using a form prescribed by the department. The petition shall
include the following:
(1) Name and address of the owner.
(2) Defined route.
(3) Proof the owner has in place an instrument of
insurance, surety bond or proof of self-insurance in the
amount of at least $5,000,000.
(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.
§ 8523. 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.
§ 8524. Termination of petition process.
Upon satisfactory implementation of policies and proven
capabilities of autonomous shuttle vehicles, the secretary may
terminate the petition process under section 8522 (relating to
petition to operate autonomous shuttle vehicle) 90 days after
providing notification to the chairperson and minority
chairperson of the Transportation Committee of the Senate and
the chairperson and minority chairperson of the Transportation
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Committee of the House of Representatives.
§ 8525. Vehicle laws.
(a) License and registration.--For an autonomous shuttle
vehicle operating without the presence of an operator, 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).
§ 8526. Incident reporting.
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.
§ 8527. Penalties.
An owner who operates an autonomous shuttle vehicle absent
approval of the department under section 8522 (relating to
petition to operate autonomous shuttle vehicle) commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of not more than $10,000.
§ 8528. Liability.
(a) General rule.--The owner and holder of an insurance
policy referred to in section 8522(3) (relating to p etition to
operate autonomous shuttle vehicle ) shall be strictly liable for
any damages awarded as a result of a claim brought by a third
party on account of an accident arising out of the maintenance
or use of an autonomous shuttle vehicle.
(b) Construction.--Nothing in this section shall preclude an
owner and holder of an insurance policy referred to in section
8522(3) 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).
§ 8529. 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
agency and political subdivision of the Commonwealth shall not
adopt or enforce a policy, rule or ordinance that sets standards
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for or otherwise burdens, prohibits, limits or regulates the use
of an autonomous shuttle vehicle.
SUBCHAPTER D
CONNECTED AND HIGHLY AUTONOMOUS VEHICLE ADVISORY COMMITTEE
Sec.
8541. Definitions.
8542. Connected and Highly Autonomous Vehicle Advisory
Committee.
§ 8541. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory committee." The Connected and Highly Autonomous
Vehicle Advisory Committee established under section 8542(a)
(relating to Connected and Highly Autonomous Vehicle Advisory
Committee).
§ 8542. Connected and Highly Autonomous Vehicle Advisory
Committee.
(a) Establishment.--The Connected and Highly 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.
(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 Chairman of the Pennsylvania Turnpike
Commission.
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(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 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.
(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) Vacancies.--If a position under subsection (b)(9) 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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(d) Alternates.--An advisory committee member under
subsection (b)(1), (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.
(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 such 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)(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 by the
secretary and filed with the advisory committee and
distributed to all members. All records shall be a matter of
public record.
(4) An appointed member under subsection (b)(9) may not
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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 the safe
testing and deployment of connected and automated systems under
this title and may undertake the following, at a minimum:
(1) Developing technical guidance.
(2) Evaluating best practices.
(3) Recommending legislation and policy.
(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 3. This act shall take effect in 60 days.
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