Senate Bill S8396

                                
 
BILL NUMBER: S8396

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the operation of motor vehicles with autonomous technology;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Amends sections of the law in relation to the operation of autonomous
vehicles to ensure passenger and public safety until technology becomes
error-proof.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding sections
100-e and 100-f.

a. 100-e defines autonomous technology as technology installed on a
motor vehicle with the capabilities to drive the vehicle without the
active control or monitoring of a human being. This term excludes motor
              

vehicles enabled with active safety systems or driver assistance systems
unless any system enables the motor vehicle on which the technology is
installed to drive without the active control or monitoring by a human
operator.

b. 100-f defines an autonomous vehicle as a motor vehicle equipped with
autonomous technology.

Section 2. The vehicle and traffic law is amended by adding section
507-a.

a. 507-a. Operation of autonomous vehicles may be any person who holds
anything equivalent to class D license or any person with a learner's
permit under the immediate supervision of a person at least 18 years of
age with a valid state driver's license.

b. For the purposes of this chapter, a person will be required to oper-
ate an autonomous vehicle in autonomous mode when a person causes the
vehicle's autonomous technology to engage

Section 3. This act shall take effect immediately. It will expire and be
repealed when the legislature, with the written input by the governor's
traffic safety committee, is provided with opinion that motor vehicle's
autonomous technology has evolved to a point of such safety that a
licensed driver is not needed; provided that the commissioner of motor
vehicles notifies the legislative bill drafting commission upon the
occurrence of providing such opinion to the legislature so that the
commission may maintain an accurate data base of the official text of
New York State. These law further effects the provisions of section 44
of the legislative law and section 70-b of the public officers law.

 
JUSTIFICATION:

Driver assistance systems have been evolving gradually and heading to a
wholesale deployment of fully autonomous cars. Fully autonomous cars are
available to consumers now but are not without their limitations and
glitches which are potential dangers to both the passengers and to
pedestrians.
Currently, all of the driver assistance systems which are in use today
operate only for short times and in extremely limited settings.  Auto-
parking operates for a few seconds with the driver watching.  Emergency
braking kicks in at the last moment before an inevitable crash. Lane
warning comes on briefly when a car veers out of its lane.

However, once the car drives itself continuously for minutes or hours,
gradual evolution is impossible. Once a car is engaged on the road for
autonomous driving there is no margin for error: no room for gradual
improvement, learning by doing or evolution. It needs to be able to cope
with all driving situations and crisis situations that may arise on the
spot.

This legislation seeks to put in place a mechanism to ensure public
safety when autonomous cars become available to consumers in New York
State by requiring that a licensed driver is in the car when in oper-
ations. Imagine a situation when a teen or youth with no license or
driving permit engages such a vehicle and there is a malfunction or
situation which needs the experience of an adult driver or licensed
driver and non are in that autonomous vehicle.

Eventually the technology will progress to the point where errors by the
autonomous car are never occurring and such an experienced or adult
driver is needed in the car while engaged. This legislation addresses
this progression in technology by having periodic reviews of the avail-
able technology and a sunset provision when this law (as proposed in
this bill) is no longer needed.

It is important to note that advances in technology are rapidly making
our consumer protection laws obsolete. This legislation is an attempt to
keep current with advances in technology while ensuring public safety
for the 11.3 million licensed drivers in our State and the many more who
will benefit from autonomous cars.

 
PRIOR LEGISLATIVE HISTORY:

No prior legislative history.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
Immediately. It will expire and be repealed when the legislature, with
the written input by the governor's traffic safety committee, is
provided with opinion that motor vehicle's autonomous technology has
evolved to a point of such safety that a licensed driver is not needed.