Senate Bill S10473

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10473
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to fully auton-
   omous vehicles; and providing for the repeal of such  provisions  upon
   expiration thereof
 
   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
 title 11-A to read as follows:
                                TITLE 11-A
                         FULLY AUTONOMOUS VEHICLES
 
                               ARTICLE 48-D
                     FULLY AUTONOMOUS VEHICLE DRIVING
 SECTION 2500. DEFINITIONS.
         2501. OPERATION  OF  FULLY  AUTONOMOUS  VEHICLES WITHOUT A HUMAN
                 DRIVER.
         2502. LICENSING.
         2503. INSURANCE.
         2504. DUTIES FOLLOWING CRASHES INVOLVING FULLY AUTONOMOUS  VEHI-
                 CLES.
         2505. ON-DEMAND AUTONOMOUS VEHICLE NETWORK.
         2506. REGISTRATION AND TITLE.
         2507. CONTROLLING AUTHORITY.
         2508. OPERATION  OF  A  MOTOR  VEHICLE WITH AN AUTOMATED DRIVING
                 SYSTEM BY A HUMAN DRIVER.
   § 2500. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AUTOMATED  DRIVING  SYSTEM"  SHALL MEAN THE HARDWARE AND SOFTWARE
 THAT ARE COLLECTIVELY CAPABLE OF PERFORMING THE ENTIRE  DYNAMIC  DRIVING
 TASK  ON  A  SUSTAINED  BASIS,  REGARDLESS OF WHETHER IT IS LIMITED TO A
 SPECIFIC OPERATIONAL DESIGN DOMAIN.
   2. "DYNAMIC DRIVING TASK OR DDT" SHALL MEAN ALL OF THE REAL-TIME OPER-
 ATIONAL AND TACTICAL FUNCTIONS REQUIRED TO OPERATE A VEHICLE IN  ON-ROAD

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

                                                            LBD15911-01-6
 S. 10473                            2
 
 TRAFFIC,  EXCLUDING  THE STRATEGIC FUNCTIONS SUCH AS TRIP SCHEDULING AND
 SELECTION OF DESTINATIONS AND WAYPOINTS, AND INCLUDING  WITHOUT  LIMITA-
 TION:  LATERAL  VEHICLE MOTION CONTROL VIA STEERING, LONGITUDINAL MOTION
 CONTROL  VIA ACCELERATION AND DECELERATION, MONITORING THE DRIVING ENVI-
 RONMENT VIA OBJECT AND EVENT DETECTION, RECOGNITION, CLASSIFICATION, AND
 RESPONSE PREPARATION, OBJECT  AND  EVENT  RESPONSE  EXECUTION,  MANEUVER
 PLANNING; AND ENHANCING CONSPICUITY VIA LIGHTING, SIGNALING, AND GESTUR-
 ING.
   3. "DDT FALLBACK" SHALL MEAN THE RESPONSE BY THE PERSON OR HUMAN DRIV-
 ER  TO  EITHER PERFORM THE DDT OR ACHIEVE A MINIMAL RISK CONDITION AFTER
 OCCURRENCE OF A DDT PERFORMANCE-RELEVANT SYSTEM FAILURE OR  FAILURES  OR
 UPON  OPERATIONAL  DESIGN  DOMAIN  EXIT, OR THE RESPONSE BY AN AUTOMATED
 DRIVING SYSTEM TO ACHIEVE MINIMAL RISK CONDITION, GIVEN THE SAME CIRCUM-
 STANCES.
   4. "FULLY AUTONOMOUS VEHICLE" SHALL MEAN A MOTOR VEHICLE:
   (A) WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT RATING OF TEN  THOUSAND
 POUNDS OR LESS;
   (B)  EQUIPPED  WITH  AN  AUTOMATED DRIVING SYSTEM DESIGNED TO FUNCTION
 WITHOUT A HUMAN DRIVER AND WHERE  LATERAL  VEHICLE  MOTION  CONTROL  VIA
 STEERING, LONGITUDINAL MOTION CONTROL VIA ACCELERATION AND DECELERATION,
 ARE AUTOMATICALLY CONTROLLED; AND
   (C)  EQUIPPED  WITH  TWO  OR MORE DISTINCT SENSING MODALITIES THAT CAN
 DETECT AND TRACK OBSTACLES IN THE EVENT OF FAILURE OF THE CAMERA  SYSTEM
 SO  THAT  THE  AUTOMATED  DRIVING SYSTEM CAN CONTINUE TO AVOID OBSTACLES
 WHILE BRINGING THE VEHICLE TO A MINIMAL RISK CONDITION.
   5. "HUMAN DRIVER" SHALL MEAN A NATURAL PERSON IN A MOTOR VEHICLE  WITH
 A  VALID  LICENSE TO OPERATE A MOTOR VEHICLE WHO CONTROLS ALL OR PART OF
 THE DYNAMIC DRIVING TASK.
   6. "MINIMAL RISK CONDITION" SHALL MEAN A CONDITION TO WHICH A  PERSON,
 HUMAN  DRIVER,  OR AN AUTOMATED DRIVING SYSTEM MAY BRING A MOTOR VEHICLE
 AFTER PERFORMING THE DDT FALLBACK IN ORDER TO REDUCE THE RISK OF A CRASH
 WHEN A GIVEN TRIP CANNOT OR SHOULD NOT BE COMPLETED.
   7. "ON-DEMAND AUTONOMOUS VEHICLE NETWORK" SHALL MEAN A TNC, AS DEFINED
 BY SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS CHAPTER, THAT USES A SOFT-
 WARE APPLICATION OR OTHER DIGITAL MEANS TO DISPATCH OR OTHERWISE  ENABLE
 THE PRE-ARRANGEMENT OF TRANSPORTATION WITH FULLY AUTONOMOUS VEHICLES FOR
 PURPOSES  OF TRANSPORTING PASSENGERS OR GOODS, INCLUDING FOR-HIRE TRANS-
 PORTATION AND TRANSPORTATION OF PASSENGERS OR GOODS FOR COMPENSATION.
   8. "OPERATIONAL DESIGN DOMAIN" SHALL MEAN OPERATING  CONDITIONS  UNDER
 WHICH A GIVEN AUTOMATED DRIVING SYSTEM IS SPECIFICALLY DESIGNED TO FUNC-
 TION,  INCLUDING,  BUT  NOT LIMITED TO, ENVIRONMENTAL, GEOGRAPHICAL, AND
 TIME-OF-DAY RESTRICTIONS, AND/OR THE REQUISITE PRESENCE  OR  ABSENCE  OF
 CERTAIN TRAFFIC OR ROADWAY CHARACTERISTICS.
   9.  "PERSON" SHALL MEAN A NATURAL PERSON, CORPORATION, BUSINESS TRUST,
 ESTATE, TRUST,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,
 JOINT  VENTURE,  GOVERNMENTAL  AGENCY,  PUBLIC CORPORATION, OR ANY OTHER
 LEGAL OR COMMERCIAL ENTITY.
   10. "REQUEST TO INTERVENE" SHALL MEAN  NOTIFICATION  BY  AN  AUTOMATED
 DRIVING SYSTEM TO A HUMAN DRIVER, DIRECTING SUCH HUMAN DRIVER TO PROMPT-
 LY  BEGIN  OR  RESUME  PERFORMANCE OF PART OR ALL OF THE DYNAMIC DRIVING
 TASK.
   § 2501. OPERATION OF FULLY AUTONOMOUS VEHICLES WITHOUT A HUMAN DRIVER.
 1. A PERSON MAY OPERATE A FULLY AUTONOMOUS VEHICLE ON THE  PUBLIC  ROADS
 IN THE COUNTIES OF ALBANY AND RENSSELAER WITHOUT A HUMAN DRIVER PROVIDED
 THAT  THE  AUTOMATED DRIVING SYSTEM IS ENGAGED AND THE VEHICLE MEETS THE
 FOLLOWING CONDITIONS:
 S. 10473                            3
 
   (A) IF A FAILURE OF THE AUTOMATED DRIVING SYSTEM OCCURS  THAT  RENDERS
 SUCH  SYSTEM  UNABLE TO PERFORM THE ENTIRE DYNAMIC DRIVING TASK RELEVANT
 TO ITS INTENDED OPERATIONAL DESIGN DOMAIN, THE FULLY AUTONOMOUS  VEHICLE
 SHALL ACHIEVE A MINIMAL RISK CONDITION;
   (B) THE FULLY AUTONOMOUS VEHICLE IS CAPABLE OF OPERATING IN COMPLIANCE
 WITH  THE  APPLICABLE  TRAFFIC  AND  MOTOR VEHICLE SAFETY LAWS AND REGU-
 LATIONS OF THIS STATE WHEN REASONABLE TO DO SO, UNLESS AN EXEMPTION  HAS
 BEEN GRANTED BY THE DEPARTMENT; AND
   (C)  WHEN  REQUIRED  BY  FEDERAL  LAW,  THE VEHICLE BEARS THE REQUIRED
 MANUFACTURER'S CERTIFICATION LABEL INDICATING THAT AT THE  TIME  OF  ITS
 MANUFACTURE  IT HAS BEEN CERTIFIED TO BE IN COMPLIANCE WITH ALL APPLICA-
 BLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS, INCLUDING REFERENCE  TO  ANY
 EXEMPTION GRANTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
   2.  PRIOR  TO OPERATING A FULLY AUTONOMOUS VEHICLE ON THE PUBLIC ROADS
 IN THE COUNTIES OF ALBANY AND  RENSSELAER  WITHOUT  A  HUMAN  DRIVER,  A
 PERSON SHALL SUBMIT A LAW ENFORCEMENT INTERACTION PLAN TO THE DEPARTMENT
 WHICH SHALL DESCRIBE:
   (A)  THE MEANS OF COMMUNICATING WITH A FLEET SUPPORT SPECIALIST WHO IS
 AVAILABLE DURING THE TIMES SUCH FULLY AUTONOMOUS VEHICLE  IS  IN  OPERA-
 TION;
   (B)  THE  MEANS  OF SAFELY REMOVING SUCH FULLY AUTONOMOUS VEHICLE FROM
 THE ROADWAY AND STEPS TO SAFELY TOW SUCH FULLY AUTONOMOUS VEHICLE;
   (C) THE MEANS TO RECOGNIZE  WHETHER  OR  NOT  SUCH  AUTOMATED  DRIVING
 SYSTEM FOR SUCH FULLY AUTONOMOUS VEHICLE IS ENGAGED; AND
   (D)  ANY ADDITIONAL INFORMATION THE MANUFACTURER OR OWNER DEEMS NECES-
 SARY REGARDING THE HAZARDOUS CONDITIONS OR PUBLIC SAFETY  RISKS  ASSOCI-
 ATED WITH THE OPERATION OF SUCH FULLY AUTONOMOUS VEHICLE.
   3.  (A)  THE  OWNER  OF A FULLY AUTONOMOUS VEHICLE OPERATING WITHOUT A
 HUMAN DRIVER SHALL BE LIABLE FOR ANY VIOLATIONS  OF  APPLICABLE  TRAFFIC
 AND MOTOR VEHICLE SAFETY LAWS AND REGULATIONS OF THIS STATE MADE BY SUCH
 VEHICLE WHEN THE AUTOMATED DRIVING SYSTEM IS ENGAGED.
   (B)  (I)  A  NOTICE  OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO
 EACH OWNER ALLEGED TO BE LIABLE FOR A VIOLATION BY AN AUTONOMOUS VEHICLE
 OPERATING WITHOUT A HUMAN DRIVER. PERSONAL DELIVERY ON THE  OWNER  SHALL
 NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
 ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
 CONTAINED THEREIN.
   (II) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS  OF  THE
 OWNER  ALLEGED  TO  BE  LIABLE  FOR A VIOLATION BY AN AUTONOMOUS VEHICLE
 OPERATING WITHOUT A HUMAN DRIVER, THE REGISTRATION NUMBER OF THE VEHICLE
 INVOLVED IN SUCH VIOLATION,  THE  LOCATION  WHERE  SUCH  VIOLATION  TOOK
 PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER
 OF THE POLICE OFFICER WHO OBSERVED SUCH VIOLATION.
   (III)  THE  NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
 OWNER CHARGED OF THE MANNER AND  THE  TIME  IN  WHICH  SUCH  PERSON  MAY
 CONTEST THE LIABILITY ALLEGED IN THE NOTICE.
   (IV) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE MUNI-
 CIPALITY  HAVING  JURISDICTION OVER THE INTERSECTION WHERE THE VIOLATION
 OCCURRED, OR BY ANY OTHER ENTITY  AUTHORIZED  BY  SUCH  MUNICIPALITY  TO
 PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   §  2502. LICENSING. NOTWITHSTANDING THE PROVISIONS OF ARTICLE NINETEEN
 OF THIS CHAPTER, WHEN AN AUTOMATED DRIVING SYSTEM INSTALLED ON  A  MOTOR
 VEHICLE IS ENGAGED:
   1.  THE  AUTOMATED  DRIVING  SYSTEM  SHALL BE CONSIDERED THE DRIVER OR
 OPERATOR, FOR THE PURPOSE OF ASSESSING COMPLIANCE WITH APPLICABLE  TRAF-
 FIC  OR MOTOR VEHICLE LAWS AND SHALL BE DEEMED TO SATISFY ELECTRONICALLY
 S. 10473                            4
 
 ALL PHYSICAL ACTS REQUIRED BY A DRIVER OR OPERATOR OF SUCH  MOTOR  VEHI-
 CLE; AND
   2.  THE AUTOMATED DRIVING SYSTEM SHALL BE CONSIDERED TO BE LICENSED TO
 OPERATE SUCH MOTOR VEHICLE.
   § 2503. INSURANCE. BEFORE OPERATING  A  FULLY  AUTONOMOUS  VEHICLE  ON
 PUBLIC  ROADS  IN  THIS  STATE, A PERSON SHALL SUBMIT PROOF OF FINANCIAL
 RESPONSIBILITY SATISFACTORY TO THE DEPARTMENT THAT SUCH FULLY AUTONOMOUS
 VEHICLE IS COVERED BY INSURANCE OR PROOF OF SELF-INSURANCE  THAT  SATIS-
 FIES THE REQUIREMENTS OF ARTICLE SIX OF THIS CHAPTER.
   §  2504. DUTIES FOLLOWING CRASHES INVOLVING FULLY AUTONOMOUS VEHICLES.
 IN THE EVENT OF A CRASH INVOLVING A FULLY AUTONOMOUS VEHICLE:
   1. SUCH FULLY AUTONOMOUS VEHICLE SHALL REMAIN ON  THE  SCENE  OF  SUCH
 CRASH WHEN REQUIRED BY ARTICLE TWENTY-TWO OF THIS CHAPTER; AND
   2.  THE  OWNER OF SUCH FULLY AUTONOMOUS VEHICLE, OR A PERSON ON BEHALF
 OF SUCH FULLY AUTONOMOUS VEHICLE'S  OWNER,  SHALL  PROMPTLY  REPORT  ANY
 CRASHES  OR  COLLISIONS CONSISTENT WITH ARTICLE TWENTY-TWO OF THIS CHAP-
 TER.
   § 2505. ON-DEMAND AUTONOMOUS VEHICLE NETWORK. AN ON-DEMAND  AUTONOMOUS
 VEHICLE  NETWORK  SHALL  BE  PERMITTED TO OPERATE PURSUANT TO STATE LAWS
 GOVERNING THE OPERATION OF TRANSPORTATION NETWORK COMPANIES, AS  DEFINED
 BY  SECTION  SIXTEEN  HUNDRED  NINETY-ONE OF THIS CHAPTER, TAXIS, OR ANY
 OTHER GROUND TRANSPORTATION FOR-HIRE OF PASSENGERS, WITH  THE  EXCEPTION
 THAT  ANY PROVISION OF ARTICLE FORTY-FOUR-B OF THIS CHAPTER THAT REASON-
 ABLY APPLIES ONLY TO A HUMAN DRIVER SHALL NOT APPLY TO THE OPERATION  OF
 FULLY  AUTONOMOUS  VEHICLES WITH THE AUTOMATED DRIVING SYSTEM ENGAGED ON
 AN ON-DEMAND AUTONOMOUS VEHICLE NETWORK.
   § 2506. REGISTRATION AND TITLE. 1. A FULLY AUTONOMOUS VEHICLE SHALL BE
 PROPERLY REGISTERED IN ACCORDANCE WITH TITLE FOUR OF  THIS  CHAPTER  AND
 SUCH FULLY AUTONOMOUS VEHICLE SHALL BE IDENTIFIED ON THE REGISTRATION AS
 A FULLY AUTONOMOUS VEHICLE.
   2.  A  FULLY AUTONOMOUS VEHICLE SHALL BE PROPERLY TITLED IN ACCORDANCE
 WITH ARTICLE FORTY-SIX OF THIS CHAPTER AND SUCH FULLY AUTONOMOUS VEHICLE
 SHALL BE IDENTIFIED ON THE TITLE AS A FULLY AUTONOMOUS VEHICLE.
   § 2507. CONTROLLING AUTHORITY. NOTWITHSTANDING ANY LAW, RULE OR  REGU-
 LATION TO THE CONTRARY:
   1.  UNLESS  OTHERWISE PROVIDED IN THIS CHAPTER AND NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, FULLY AUTONOMOUS VEHICLES AND AUTOMATED  DRIVING
 SYSTEMS  SHALL  BE  GOVERNED EXCLUSIVELY BY THIS ARTICLE. THE DEPARTMENT
 SHALL BE THE SOLE AND EXCLUSIVE STATE  AGENCY  THAT  MAY  IMPLEMENT  THE
 PROVISIONS OF THIS ARTICLE;
   2.  FULLY  AUTONOMOUS VEHICLES AND AUTOMATED DRIVING SYSTEMS OPERATING
 PURSUANT TO THIS ARTICLE SHALL NOT BE SUBJECT TO SECTION TWELVE  HUNDRED
 TWENTY-SIX OF THIS CHAPTER; AND
   3.  NO  STATE  AGENCY,  POLITICAL  SUBDIVISION, MUNICIPALITY, OR LOCAL
 ENTITY MAY ENACT OR KEEP IN FORCE RULES OR ORDINANCES THAT WOULD  IMPOSE
 TAXES,  FEES,  OR  OTHER  REQUIREMENTS  INCLUDING PERFORMANCE STANDARDS,
 SPECIFIC TO THE OPERATION OF FULLY AUTONOMOUS VEHICLES, AUTOMATED  DRIV-
 ING SYSTEMS, OR ON-DEMAND AUTONOMOUS VEHICLE NETWORKS IN ADDITION TO THE
 REQUIREMENTS OF THIS ARTICLE.
   §  2508. OPERATION OF A MOTOR VEHICLE WITH AN AUTOMATED DRIVING SYSTEM
 BY A HUMAN DRIVER. 1. A PERSON MAY OPERATE A MOTOR VEHICLE EQUIPPED WITH
 AN AUTOMATED DRIVING SYSTEM CAPABLE OF  PERFORMING  THE  ENTIRE  DYNAMIC
 DRIVING TASK IF:
   (A)  SUCH  AUTOMATED  DRIVING SYSTEM IS DESIGNED TO ISSUE A REQUEST TO
 INTERVENE WHENEVER THE  AUTOMATED  DRIVING  SYSTEM  IS  NOT  CAPABLE  OF
 S. 10473                            5
 
 PERFORMING  THE  ENTIRE  DYNAMIC  DRIVING TASK WITH THE EXPECTATION THAT
 SUCH PERSON WILL RESPOND APPROPRIATELY TO SUCH A REQUEST; AND
   (B)  THE  AUTOMATED  DRIVING  SYSTEM  IS  CAPABLE OF BEING OPERATED IN
 COMPLIANCE WITH TITLE SEVEN OF THIS CHAPTER WHEN  REASONABLE  TO  DO  SO
 UNLESS AN EXEMPTION HAS BEEN GRANTED BY THE DEPARTMENT.
   2.  NOTHING  IN THIS ARTICLE SHALL PROHIBIT OR RESTRICT A HUMAN DRIVER
 FROM OPERATING A FULLY AUTONOMOUS VEHICLE EQUIPPED  WITH  CONTROLS  THAT
 ALLOW  FOR SUCH HUMAN DRIVER TO CONTROL ALL OR PART OF THE DYNAMIC DRIV-
 ING TASK.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 383-a to read as follows:
   §  383-A.  EQUIPMENT REQUIRED FOR CERTAIN AUTOMATED MOTOR VEHICLES. 1.
 FOR PURPOSES OF THIS SECTION,  THE  TERMS  "FULLY  AUTONOMOUS  VEHICLE",
 "AUTOMATED DRIVING SYSTEM", AND "HUMAN DRIVER" SHALL HAVE THE SAME MEAN-
 INGS AS DEFINED BY SECTION TWENTY-FIVE HUNDRED OF THIS CHAPTER.
   2.  A  FULLY AUTONOMOUS VEHICLE THAT IS DESIGNED TO BE OPERATED EXCLU-
 SIVELY BY AN AUTOMATED DRIVING SYSTEM FOR ALL TRIPS SHALL NOT BE SUBJECT
 TO MOTOR VEHICLE EQUIPMENT LAWS OR REGULATIONS OF THIS STATE  WHICH  (A)
 RELATE  TO OR SUPPORT MOTOR VEHICLE OPERATION BY A HUMAN DRIVER; AND (B)
 ARE NOT RELEVANT FOR AN AUTOMATED DRIVING SYSTEM.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 301-c to read as follows:
   §  301-C.  INSPECTION CRITERIA FOR FULLY AUTONOMOUS VEHICLES.  SECTION
 THREE HUNDRED ONE OF THIS ARTICLE AND ANY REGULATIONS PROMULGATED BY THE
 COMMISSIONER THEREWITH SHALL ONLY APPLY TO A FULLY  AUTONOMOUS  VEHICLE,
 AS  DEFINED  BY SECTION TWENTY-FIVE HUNDRED OF THIS CHAPTER, IN A MANNER
 CONSISTENT WITH THE PROVISIONS OF SECTION THREE  HUNDRED  EIGHTY-THREE-A
 OF THIS TITLE.
   §  4.  This act shall take effect immediately and shall expire July 1,
 2028 when upon such date the provisions of  this  act  shall  be  deemed
 repealed.