HB5220 104TH GENERAL ASSEMBLY

LRB104 20112 LNS 33563 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5220

Introduced 2/10/2026, by Rep. Edgar González, Jr.

SYNOPSIS AS INTRODUCED:

625 ILCS 5/Ch. 12 Art. X heading new
625 ILCS 5/12-1005 new
625 ILCS 5/12-1010 new
625 ILCS 5/12-1015 new
625 ILCS 5/12-1020 new
625 ILCS 5/12-1025 new
625 ILCS 5/12-1030 new

Amends the Equipment of Vehicles Chapter of the Illinois Vehicle Code to create the Autonomous Vehicles Article. Establishes requirements for the operation of autonomous vehicles on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated. Allows the Secretary of State Vehicle Services Department to adopt various rules regarding the operation and manufacture of autonomous vehicles. Includes requirements for manufacturers of autonomous vehicles. Requires a notice of autonomous vehicle noncompliance for violations of the Code or local traffic ordinances. Sets forth prohibitions for dealers and manufacturers.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Article X to Chapter 12 as follows:

(625 ILCS 5/Ch. 12 Art. X heading new)

ARTICLE X. AUTONOMOUS VEHICLES

(625 ILCS 5/12-1005 new)

Sec. 12-1005. Definitions. As used in this Article:

"Autonomous technology" means technology that has the capability of controlling the lateral and longitudinal motion of a vehicle on a sustained basis without active physical control by a human operator, and which further has the ability to intentionally depart from its current lane of travel on a marked roadway while under automated motion control.

"Autonomous vehicle" means a vehicle equipped with autonomous technology. "Autonomous vehicle" does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.

"Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

"Emergency geofencing message" means a message delivered using commonly available communication methods to identify a location using a street address, intersection, coordinates, or any other reasonable and customary way of identifying a location, that directs an autonomous vehicle to leave or avoid an area because of an emergency.

"Emergency response official" includes, but is not limited to, emergency dispatchers, peace officers as defined in Section 1-157.5, and first responders.

"Manufacturer" means the person, as defined in Section 5-109, that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured.

"Notice of autonomous vehicle noncompliance" means a notice issued by a peace officer, as defined in Section 1-157.5, that identifies, at minimum, an alleged violation of this Code or an alleged violation of a local traffic ordinance adopted pursuant to this Code by an autonomous vehicle while the autonomous technology is engaged, the date, time, and location of the alleged violation, and the license plate number of the autonomous vehicle.

"Operator" means the person who is seated in the driver's seat of the autonomous vehicle, or, if there is no person in the driver's seat, causes the autonomous technology to engage.

"Partial driving automation feature" has the same meaning as "Level 2 partial driving automation" in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).

"Vehicle Services Department" means the Secretary of State Vehicle Services Department.

(625 ILCS 5/12-1010 new)

Sec. 12-1010. Operation of autonomous vehicles; Vehicle Services Department rules.

(a) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met:

(1) The autonomous vehicle is being operated on roads in this State solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology.

(2) The driver shall be seated in the driver's seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency.

(3) Prior to the start of testing in this State, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of $5,000,000, and shall provide evidence of the insurance, surety bond, or self-insurance to the Vehicle Services Department in the form and manner required by the Vehicle Services Department pursuant to the rules adopted pursuant to subsection (c).

(b) Except as provided in subsection (a), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the Vehicle Services Department, and that application is approved by the Vehicle Services Department pursuant to the rules adopted pursuant to subsection (c). The application shall contain, at a minimum, all of the following certifications:

(1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements:

(A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator.

(B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged.

(C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall:

(i) require the operator to take control of the autonomous vehicle; or

(ii) if the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop.

(D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged.

(E) The autonomous vehicle's autonomous technology meets Federal Motor Vehicle Safety Standards for the autonomous vehicle's model year and all other applicable safety standards and performance requirements set forth in State and federal law and the rules and regulations adopted pursuant to those laws.

(F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the autonomous vehicle's model year and all other applicable safety standards and performance requirements set forth in State and federal law and the rules and regulations adopted pursuant to those laws.

(G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the autonomous vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision.

(H) The autonomous vehicle is equipped, in addition to cameras, with 2 distinct sensing modalities that can detect and track obstacles in the event of failure of the camera system. Qualifying sensors include radar and lidar sensors.

(2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the Vehicle Services Department pursuant to subsection (c).

(3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in rules adopted by the Vehicle Services Department pursuant to subsection (c), in an amount of $5,000,000.

(c) The Vehicle Services Department shall adopt rules setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subsection (a), the submission and approval of an application to operate an autonomous vehicle pursuant to subsection (b), and processes related to notices of autonomous vehicle noncompliance pursuant to Section 12-1020.

The rules shall include any testing, equipment, and performance standards, in addition to those established for purposes of subsection (a), that the Vehicle Services Department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the autonomous vehicle. In developing these rules, the Vehicle Services Department may consult with the Illinois State Police Division of Patrol, the Center for Transportation at the University of Illinois Urbana-Champaign, or any other entity identified by the Vehicle Services Department that has expertise in automotive technology, automotive safety, and autonomous system design.

The Vehicle Services Department shall consult recent reports and studies concerning autonomous vehicle safety to design a permitting framework which includes multiple testing and commercial deployment permits based on achievable safety metrics.

The Vehicle Services Department may establish additional requirements by the adoption of rules, which it determines, in consultation with the Illinois State Police Division of Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, rules regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, rules for notices of autonomous vehicle noncompliance, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this Section.

The Vehicle Services Department shall hold public hearings on the adoption of any rules applicable to the operation of an autonomous vehicle without the presence of a driver inside the autonomous vehicle.

(d) The Vehicle Services Department shall approve an application submitted by a manufacturer pursuant to subsection (b) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the Vehicle Services Department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the rules adopted by the Vehicle Services Department pursuant to subsection (c).

Notwithstanding this subsection, if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the autonomous vehicle, the Vehicle Services Department may impose additional requirements it deems necessary to ensure the safe operation of those autonomous vehicles, and may require the presence of a driver in the driver's seat of the autonomous vehicle if it determines, based on its review pursuant to this subsection, that such a requirement is necessary to ensure the safe operation of those autonomous vehicles on public roads.

(e) The Vehicle Services Department shall post a public notice on its Internet website when it adopts the rules required by subsection (c). The Vehicle Services Department shall not approve an application submitted pursuant to the rules until 30 days after the public notice is provided.

(f) Federal regulations adopted by the National Highway Traffic Safety Administration shall supersede the provisions of this Section if found to be in conflict with any other State law or rule.

(g) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The Vehicle Services Department may adopt rules to assess a fee upon a manufacturer that submits an application pursuant to subsection (b) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the Vehicle Services Department.

(h) If an autonomous vehicle does not have a person in the driver's seat and commits a traffic violation pursuant to this Code, the citation shall be issued to the manufacturer and may be issued by mail.

If an autonomous vehicle has a person in the driver's seat and commits a traffic violation pursuant to this Code while the autonomous technology is engaged, the citation shall be issued to the manufacturer and may be issued by mail.

If an autonomous vehicle has a person in the driver's seat and commits a traffic violation pursuant to this Code while the autonomous technology is not engaged, the citation shall be issued to the driver.

The holder of the testing permit or deployment permit may contest a citation or penalty under the procedures in this Code.

(625 ILCS 5/12-1015 new)

Sec. 12-1015. Manufacturer requirements.

(a) A manufacturer shall comply with all of the following requirements:

(1) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the Vehicle Services Department shall maintain a dedicated emergency response telephone line that is available for emergency response officials during all hours when an autonomous vehicle is on a public road. The telephone line shall be available at no cost to public agencies.

The manufacturer shall continuously monitor the status of each autonomous vehicle on a public road and shall equip and staff the telephone line to ensure that calls are picked up within 30 seconds by a remote human operator who has situational awareness of all autonomous vehicles on public roads.

The remote human operator shall have the ability to immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or cause the autonomous vehicle to move as directed by an emergency response official.

(2) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the Vehicle Services Department shall equip each autonomous vehicle with a 2-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with a remote human operator who has situational awareness about the autonomous vehicle. The manufacturer shall ensure that an emergency response official is able to reach a remote human operator within 30 seconds after making a request through the device.

The remote human operator shall have the ability to immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or cause the autonomous vehicle to move as directed by an emergency response official.

(3) Autonomous vehicles equipped with an override system in the autonomous vehicle that allows someone physically present to move the vehicle, pursuant to subparagraphs (A) and (D) of paragraph (1) of subsection (b) of Section 12-1010 shall provide access to the override system to law enforcement and firefighters in case of emergency to allow law enforcement and firefighters to completely immobilize the autonomous vehicle or cause the autonomous vehicle to move as necessary to address the emergency. The manufacturer shall provide training for law enforcement and firefighters on the use of the override system. The training shall be reviewed on a regular basis by the manufacturer and updated as changes are needed.

(b) The Vehicle Services Department shall not renew, reinstate, or approve an expansion of the operational design domain of a permit unless the manufacturer certifies that it is in full compliance with the requirements under subsection (a).

(c) An emergency response official may issue an emergency geofencing message to a manufacturer.

Within 2 minutes of receiving an emergency geofencing message, a manufacturer shall issue direction to its fleet to leave or avoid the area identified.

Within 30 business days of receiving a notice that an emergency response official wishes to begin issuing emergency geofencing messages, a manufacturer shall provide the emergency response official with all information necessary for the emergency response official to begin issuing emergency geofencing messages and for the manufacturer to receive and respond to emergency geofencing messages.

An emergency geofencing message shall include the initial duration for the defined avoidance area based on a reasonable assessment of the emergency. If necessary, an emergency response official may extend the duration for the avoidance area.

(d) This Section shall only apply to manufacturers of autonomous vehicles that operate without a human operator physically present in the autonomous vehicle.

(e) Paragraphs (2) and (3) of subsection (a) and subsection (b) shall not apply to a commercial motor vehicle with a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater. The Vehicle Services Department may establish requirements by the adoption of rules, determined in consultation with the Illinois State Police Division of Patrol, to ensure the safe interaction between autonomous commercial motor vehicles and emergency response officials.

(625 ILCS 5/12-1020 new)

Sec. 12-1020. Notice of autonomous vehicle noncompliance.

(a) A peace officer, as defined in Section 1-157.5, may issue a notice of autonomous vehicle noncompliance upon observing an alleged violation of this Code or an alleged violation of a local traffic ordinance adopted pursuant to this Code.

(b) A manufacturer of an autonomous vehicle shall provide any issued notice of autonomous vehicle noncompliance to the Vehicle Services Department within 72 hours of issuance, or within a timeframe otherwise determined by the Vehicle Services Department. The Vehicle Services Department shall make available a means by which the manufacturer can provide the notice.

(c) The issuance of a notice of autonomous vehicle noncompliance shall not create a presumption that the autonomous vehicle is unsafe and shall not limit the manufacturer's ability to contest the nature or occurrence of an alleged violation identified in the notice.

(d) This Section shall not become operative until the Vehicle Services Department issues rules addressing notices of autonomous vehicle noncompliance, as required by Section 12-1010.

(625 ILCS 5/12-1025 new)

Sec. 12-1025. Severability. The provisions of this Article are severable. If any provision of this Article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(625 ILCS 5/12-1030 new)

Sec. 12-1030. Dealer and manufacturer prohibitions.

(a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of the feature and clearly describes the functions and limitations of the feature.

(b) A manufacturer or dealer shall not name any partial driving automation feature, or describe any partial driving automation feature in marketing materials, using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle or otherwise has functionality not actually included in the feature. A violation of this subsection shall be considered a misleading advertisement for the purposes of the Uniform Deceptive Trade Practices Act.

(c) Compliance with this Section shall not alter any existing duty of care or limit the civil liability of a manufacturer or dealer, including, but not limited to, claims for negligence or product defect.

(d) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subsection (a). This information shall include specific language recommended for the notice required in that subsection. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subsection (a) if the manufacturer fails to provide this information to the dealer or if the information provided is deemed to be not in compliance with this Section.

(e) A manufacturer shall not be held in violation of subsection (a) if the manufacturer provides a dealer with the information required under subsection (d) and the dealer fails to provide the required notice to the buyer or owner.