S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4912--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens. BALL, MARCHIONE, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation -- recommitted to the Committee on Transportation in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the testing and operation of autonomous  motor  vehicles  upon  public
  highways;  to  amend  the  general obligations law, in relation to the
  liability of motor vehicle manufacturers  for  vehicles  converted  to
  autonomous  motor  vehicles;  and  directing the commissioner of motor
  vehicles to make recommendations upon additional  legislative  actions
  relating to autonomous vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Legislative intent. The legislature hereby  declares  that
it  intends  to  encourage and support the safe development, testing and
operation of motor vehicles with autonomous technology upon  the  public
highways of the state. This state, while not prohibiting the testing and
operation of motor vehicles with autonomous technology, hereby regulates
such testing and operation.
  S  2.    The  vehicle  and  traffic  law  is amended by adding two new
sections 100-e and 100-f to read as follows:
  S 100-E. AUTONOMOUS TECHNOLOGY.  TECHNOLOGY INSTALLED ON A MOTOR VEHI-
CLE THAT HAS THE CAPABILITY TO DRIVE THE VEHICLE ON WHICH THE TECHNOLOGY
IS INSTALLED WITHOUT THE ACTIVE CONTROL OR MONITORING BY A HUMAN  OPERA-
TOR.  SUCH  TERM  EXCLUDES  A  MOTOR  VEHICLE ENABLED WITH ACTIVE SAFETY
SYSTEMS OR DRIVER ASSISTANCE SYSTEMS, INCLUDING, WITHOUT  LIMITATION,  A
SYSTEM  TO  PROVIDE  ELECTRONIC  BLIND SPOT ASSISTANCE, CRASH AVOIDANCE,
EMERGENCY BRAKING, PARKING ASSISTANCE,  ADAPTIVE  CRUISE  CONTROL,  LANE
KEEP  ASSISTANCE,  LANE  DEPARTURE  WARNING,  OR TRAFFIC JAM AND QUEUING
ASSISTANT, UNLESS ANY SUCH SYSTEM ALONE OR  IN  COMBINATION  WITH  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10536-03-4
              

S. 4912--A                          2

SYSTEMS  ENABLES  THE MOTOR VEHICLE ON WHICH THE TECHNOLOGY IS INSTALLED
TO DRIVE WITHOUT THE ACTIVE CONTROL OR MONITORING BY A HUMAN OPERATOR.
  S  100-F. AUTONOMOUS VEHICLE. A MOTOR VEHICLE EQUIPPED WITH AUTONOMOUS
TECHNOLOGY.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
379 to read as follows:
  S  379. AUTONOMOUS VEHICLES. 1. AUTONOMOUS VEHICLES REGISTERED IN THIS
STATE SHALL COMPLY WITH ALL FEDERAL STANDARDS AND REGULATIONS APPLICABLE
TO MOTOR VEHICLES. IN ADDITION, EACH AUTONOMOUS VEHICLE SHALL:
  (A) HAVE A MEANS TO ENGAGE AND  DISENGAGE  THE  AUTONOMOUS  TECHNOLOGY
THEREIN  WHICH  IS  EASILY  ACCESSIBLE TO THE OPERATOR OF THE AUTONOMOUS
VEHICLE;
  (B) HAVE THE MEANS, INSIDE SUCH VEHICLE, TO INDICATE TO  THE  OPERATOR
THEREOF WHEN THE AUTONOMOUS VEHICLE IS OPERATING IN AUTONOMOUS MODE;
  (C) HAVE A MEANS TO ALERT THE OPERATOR THEREOF IF A TECHNOLOGY FAILURE
AFFECTING  THE ABILITY OF SUCH VEHICLE TO SAFELY OPERATE AUTONOMOUSLY IS
DETECTED WHILE THE AUTONOMOUS VEHICLE IS OPERATING AUTONOMOUSLY,  SO  AS
TO  DIRECT  THE VEHICLE OPERATOR TO RESUME CONTROL OF THE MOTOR VEHICLE;
AND
  (D) BE CAPABLE OF BEING OPERATED IN COMPLIANCE WITH THE PROVISIONS  OF
THIS CHAPTER AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO.
  2. ALL FEDERAL REGULATIONS PROMULGATED BY THE NATIONAL HIGHWAY TRAFFIC
SAFETY  ADMINISTRATION  SHALL  SUPERSEDE  ANY  INCONSISTENT PROVISION OF
SUBDIVISION ONE OF THIS SECTION.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
507-a to read as follows:
  S  507-A.  OPERATION OF AUTONOMOUS VEHICLES. 1. ANY PERSON WHO HOLDS A
CLASS D LICENSE OR ITS EQUIVALENT MAY OPERATE AN AUTONOMOUS  VEHICLE  IN
AUTONOMOUS MODE UPON A PUBLIC HIGHWAY.
  2.  FOR  THE  PURPOSES OF THIS CHAPTER, A PERSON SHALL BE DEEMED TO BE
OPERATING AN AUTONOMOUS VEHICLE OPERATING IN AUTONOMOUS MODE  WHEN  SUCH
PERSON CAUSES SUCH VEHICLE'S AUTONOMOUS TECHNOLOGY TO ENGAGE, REGARDLESS
OF WHETHER SUCH PERSON IS PHYSICALLY PRESENT IN THE AUTONOMOUS VEHICLE.
  S  5.  The  vehicle and traffic law is amended by adding a new section
1212-a to read as follows:
  S 1212-A. TESTING OF  AUTONOMOUS  VEHICLES.  1.  MOTOR  VEHICLES  WITH
AUTONOMOUS  TECHNOLOGY  ARE AUTHORIZED TO BE OPERATED ON PUBLIC HIGHWAYS
BY EMPLOYEES, CONTRACTORS OR OTHER PERSONS DESIGNATED BY A  MANUFACTURER
OF  AUTONOMOUS  TECHNOLOGY  FOR  THE PURPOSE OF TESTING SUCH TECHNOLOGY.
PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS SECTION A HUMAN  OPERA-
TOR  SHALL  BE  PRESENT WITHIN THE MOTOR VEHICLE SUCH THAT SUCH OPERATOR
HAS THE ABILITY TO MONITOR SUCH VEHICLE'S PERFORMANCE  AND  RESUME  FULL
CONTROL OF THE MOTOR VEHICLE, IF NECESSARY.
  2.  PRIOR TO THE COMMENCEMENT OF ANY TESTING PURSUANT TO THIS SECTION,
THE ENTITY SHALL SUBMIT TO THE DEPARTMENT AN  INSTRUMENT  OF  INSURANCE,
SURETY BOND OR PROOF OF SELF-INSURANCE ACCEPTABLE TO THE COMMISSIONER IN
AN AMOUNT OF NOT LESS THAN FIVE MILLION DOLLARS.
  S  6.  Article 9 of the general obligations law is amended by adding a
new title 3 to read as follows:
                                 TITLE 3
                           AUTONOMOUS VEHICLES
SECTION 9-301. DEFINITIONS.
        9-303. LIABILITY OF ORIGINAL MANUFACTURER, DISTRIBUTOR OR  DEAL-
                 ER.
  S 9-301. DEFINITIONS.  AS USED IN THIS TITLE:

S. 4912--A                          3

  1.  "AUTONOMOUS  VEHICLE"  SHALL  HAVE THE SAME MEANING AS PROVIDED IN
SECTION ONE HUNDRED-F OF THE VEHICLE AND TRAFFIC LAW.
  2.  "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  S 9-303. LIABILITY OF ORIGINAL MANUFACTURER,  DISTRIBUTOR  OR  DEALER.
THE  ORIGINAL  MANUFACTURER,  DISTRIBUTOR  OR  DEALER OF A MOTOR VEHICLE
CONVERTED TO BE AN AUTONOMOUS VEHICLE BY A THIRD PARTY AFTER DELIVERY OF
SUCH MOTOR VEHICLE BY SUCH MANUFACTURER, DISTRIBUTOR  OR  DEALER,  SHALL
NOT  BE  LIABLE  IN,  SHALL  HAVE  AN  ABSOLUTE  DEFENSE TO AND SHALL BE
DISCHARGED FROM ANY CAUSE OF ACTION COMMENCED BY ANY PERSON FOR  DAMAGES
DUE  TO AN ALLEGED MOTOR VEHICLE DEFECT CAUSED BY THE CONVERSION OF SUCH
VEHICLE TO AN AUTONOMOUS VEHICLE, OR BY ANY EQUIPMENT INSTALLED  UPON  A
MOTOR  VEHICLE BY THE PERSON WHO CONVERTED SUCH VEHICLE TO AN AUTONOMOUS
VEHICLE, UNLESS SUCH DEFECT IS ALLEGED TO HAVE BEEN PRESENT IN THE MOTOR
VEHICLE AS ORIGINALLY MANUFACTURED.
  S 7. The commissioner of motor vehicles shall study the operation  and
testing  of  autonomous  vehicles,  and shall, on or before February 12,
2016, report his or her findings and recommendations to the governor and
the legislature. Such report  shall  include  recommendations  and  such
legislative  proposals as shall be deemed necessary for the safe testing
and operation of motor vehicles equipped with autonomous technology.
  S 8. This act shall take effect on the thirtieth day  after  it  shall
have become a law.