SB1432sam001 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 3/10/2017

10000SB1432sam001 LRB100 10522 AXK 23432 a

AMENDMENT TO SENATE BILL 1432

AMENDMENT NO. ______. Amend Senate Bill 1432 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Autonomous Vehicle Act.

Section 5. Definitions. For purposes of this Act, the following definitions apply:

"Automated driving system" means hardware and software that are collectively capable, without intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle, on a part-time or full-time basis, and any fallback maneuvers necessary to respond to the system's failure.

"Dynamic driving task" means:

(1) operational aspects of a driving task including, but not limited to, steering, braking, acceleration, and monitoring the vehicle and roadway; and

(2) tactical aspects of a driving task including, but not limited to, responding to events, determining when to change lanes, turning, using signals, and other related actions. "Dynamic driving task" does not include strategic aspects of a driving task including, but not limited to, determining destinations.

"Human operator" means a natural person in a vehicle with immediate access to controls for steering, braking, and acceleration.

"Secretary" means the Secretary of State.

Section 10. Operation of automated driving system equipped vehicles; requirements. Subject to the provisions of this Act, an automated driving system equipped vehicle may drive or operate upon the highways of this State with the automated driving system engaged for testing, a transportation service, or any other use, regardless of whether a human operator is physically present in the automated driving system equipped vehicle. An automated driving system equipped vehicle shall be capable of operating in compliance with applicable traffic and motor vehicle laws of this State and shall comply with any applicable federal law.

Prior to initiating the testing of automated driving system equipped vehicles in a municipality, a person shall provide a notice of intent to test to the corporate authorities of the municipality.

Section 15. Traffic and motor vehicle laws.

(a) When engaged, the automated driving system shall be considered the driver or operator for purposes of assessing conformance to applicable traffic or motor vehicle laws.

(b) When engaged, an automated driving system shall be deemed to satisfy any physical acts required of a driver or operator including, but not limited to those required under Section 6-112 of the Illinois Vehicle Code. No motor vehicle laws of this State shall prohibit an automated driving system from being the operator or driver of a motor vehicle.

(c) No motor vehicle laws of this State shall require a licensed human driver to operate a vehicle that is being operated by an automated driving system under this Section.

(d) Section 6-101 of the Illinois Vehicle Code shall not apply to an engaged automated driving system or to a person operating an automated driving system equipped vehicle with the automated driving system engaged.

(e) Automated driving system equipped vehicles shall be insured as required under the Illinois Vehicle Code.

(f) Liability for incidents involving an automated driving system equipped vehicle shall be determined under existing product liability law, common law negligence principles, or other federal, State, or local law. Nothing in this Act is intended to affect, alter, or amend any right, obligation, liability, or damage apportionment mechanism under existing product liability law, common law negligence, or other applicable law, or to otherwise contravene or alter rights and duties under any existing law, agreement, rule, regulation, or treaty.

(g) An automated driving system shall be deemed to be in compliance with all applicable requirements under Sections 11-401, 11-402, 11-403, 11-404, and 11-407 of the Illinois Vehicle Code if the vehicle owner or person on behalf of the vehicle owner promptly contacts a law enforcement agency to report a crash or if the automated driving system equipped vehicle has the capability of alerting a law enforcement agency of the crash.

(h) The requirements under Section 12-603.1 of the Illinois Vehicle Code shall be the responsibility of and apply only to human occupants of a motor vehicle. The requirements of the Child Passenger Protection Act shall be the responsibility of and apply only to the parent or guardian of the child or, if the child's parent or guardian is not present, the person accompanying the child.

(i) The provisions of Section 11-1401 of the Illinois Vehicle Code shall not apply to an automated driving system or automated driving system equipped vehicle when the automated driving system is engaged.

(j) Except as otherwise provided in this Act, automated driving systems, automated driving system equipped vehicles, and any commercial use of an automated driving system equipped vehicle are governed exclusively by this Act.

Section 20. Home rule. The regulation of automated driving system equipped vehicles is the exclusive power and function of the State. A home rule unit may not regulate automated driving system equipped vehicles that otherwise comply with all laws of the home rule unit. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect upon becoming law.".