S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7758
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 15, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   human safety operators for certain autonomous vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 393-b to read as follows:
   §  393-B.  HUMAN SAFETY OPERATOR REQUIRED FOR CERTAIN AUTONOMOUS VEHI-
 CLES.   NO MOTOR VEHICLE WITH  A  MANUFACTURERS'  GROSS  VEHICLE  WEIGHT
 RATING  OF  TEN  THOUSAND  ONE  POUNDS OR MORE WHICH UTILIZES AUTONOMOUS
 VEHICLE TECHNOLOGY SHALL BE OPERATED ON PUBLIC HIGHWAYS UNLESS A NATURAL
 PERSON HOLDING A VALID LICENSE FOR THE OPERATION OF THE MOTOR  VEHICLE'S
 CLASS  IS  PRESENT WITHIN SUCH VEHICLE. AS USED IN THIS SECTION, "AUTON-
 OMOUS VEHICLE TECHNOLOGY" SHALL MEAN THE HARDWARE AND SOFTWARE THAT  ARE
 COLLECTIVELY  CAPABLE  OF  PERFORMING PART OR ALL OF THE DYNAMIC DRIVING
 TASK ON A SUSTAINED BASIS, AND THE TERM  "DYNAMIC  DRIVING  TASK"  SHALL
 MEAN 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 WAYPOINTS.
   § 2. This act shall take effect upon the adoption by the  state  of  a
 law  permitting  the  operation  of  motor vehicles utilizing autonomous
 vehicle technology on public highways without requiring a natural person
 holding a valid license for the operation of the motor  vehicle's  class
 to  be  present  within  such vehicle; provided that the commissioner of
 motor vehicles shall notify the  legislative  bill  drafting  commission
 upon the occurrence of the enactment of such state law in order that the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effecting the provisions of  section  44  of  the  legislative  law  and
 section 70-b of the public officers law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13484-01-3