Assembly Bill A2643

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2643
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 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.
   § 2.   The vehicle and traffic  law  is  amended  by  adding  two  new
 sections 100-e and 100-f to read as follows:
   § 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
 SYSTEMS ENABLES THE MOTOR VEHICLE ON WHICH THE TECHNOLOGY  IS  INSTALLED
 TO DRIVE WITHOUT THE ACTIVE CONTROL OR MONITORING BY A HUMAN OPERATOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00727-01-9
              

 A. 2643                             2
 
   §  100-F. AUTONOMOUS VEHICLE. A MOTOR VEHICLE EQUIPPED WITH AUTONOMOUS
 TECHNOLOGY.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 379 to read as follows:
   § 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.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 507-a to read as follows:
   § 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.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1212-a to read as follows:
   §  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.
   § 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.
   § 9-301. DEFINITIONS.  AS USED IN THIS TITLE:
   1. "AUTONOMOUS VEHICLE" SHALL HAVE THE SAME  MEANING  AS  PROVIDED  IN
 SECTION ONE HUNDRED-F OF THE VEHICLE AND TRAFFIC LAW.

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   2.  "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
 ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
   §  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.
   §  7. The commissioner of motor vehicles shall study the operation and
 testing of autonomous vehicles, and shall, on  or  before  February  12,
 2021, 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.
   §  8.  This  act shall take effect on the thirtieth day after it shall
 have become a law.