SB3392 104TH GENERAL ASSEMBLY

LRB104 20547 LNS 34024 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3392

Introduced 2/4/2026, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

New Act
625 ILCS 5/6-101	from Ch. 95 1/2, par. 6-101
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Autonomous Vehicle Pilot Project Act. Provides that in order to commence an autonomous vehicle pilot project, a person must provide to the Department of Transportation a statement that sets forth the operational design domain for an autonomous vehicle pilot project. Provides that the operational design domain for an autonomous vehicle pilot project must be confined to counties having or exceeding a population of 1,000,000 individuals, as determined by the most recent federal decennial census, Sangamon County, or the counties of Madison, St. Clair, and Monroe. Allows the Department to authorize the statewide deployment of autonomous vehicles beyond the operational design domain after a period of 3 years following the effective date of the Act, as long as the Department determines the pilot projects conducted have demonstrated safety and operational readiness. Sets forth the conditions a person must meet to operate an autonomous vehicle on the public roads of the State with the automated driving system engaged. Requires a person to obtain authorization from the Department to operate an autonomous vehicle on the public roads of the State. Includes provisions regarding licensing, duties following crashes involving autonomous vehicles, registration and title, operation of a motor vehicle with an automated driving system by a human driver, vehicle equipment standards, evaluation data, the controlling authority, and home rule. Repeals the Act on January 1, 2029. Makes conforming changes to the Illinois Vehicle Code and the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

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

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

Section 5. Definitions. As used in this Act:

"Automated driving system" means 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.

"Autonomous vehicle" means a motor vehicle equipped with an automated driving system designed to function as a level 4 or 5 system under SAE J3016B.

"Autonomous vehicle manufacturer" means a person who manufactures the autonomous vehicle or automated driving system for use on public roads and highways.

"Autonomous vehicle pilot project" means an authorized pilot project, testing, or demonstration of autonomous vehicles available on the public roads and highways of this State performed under this Act.

"Department" means the Department of Transportation.

"Dynamic driving task" means 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, and including, but not limited to:

(1) lateral vehicle motion control via steering;

(2) longitudinal motion control via acceleration and deceleration;

(3) monitoring the driving environment via object and event detection, recognition, classification, and response preparation;

(4) object and event response execution;

(5) maneuver planning; and

(6) enhancing conspicuity via lighting, signaling, and gesturing.

"Dynamic driving task fallback" means the response by a person or human driver to either perform the dynamic driving task or achieve a minimal risk condition after occurrence of a dynamic driving task performance-relevant system failure or upon operational design domain exit, or the response by an automated driving system to achieve minimal risk condition, given the same circumstances.

"Evaluation data" means any data processed to support the testing, development, legal and regulatory compliance, operation, safety and improvement of automated driving systems or autonomous vehicles, including, but not limited to, real-time perception, collision avoidance, sensors, LiDAR, radar and other sensor data, environmental, traffic, communication, network, camera, incident data, point cloud data, images, videos, and audio recordings (including, but not limited to, images, videos, and audio recordings of physical surroundings, objects, and people), and information derived therefrom.

"Human driver" means a natural person in the vehicle with a valid license to operate a motor vehicle who controls all or part of the dynamic driving task.

"First responder interaction plan" means a document of procedures specifying how first responders should interact with an autonomous vehicle that, at minimum, describes:

(1) how to communicate with a fleet support specialist who is available during the times the autonomous vehicle is in operation;

(2) how to safely remove the autonomous vehicle from the roadway and steps to safely tow the vehicle;

(3) how to recognize whether the autonomous vehicle is in autonomous mode; and

(4) any additional information the person or the manufacturer of the autonomous vehicle or the manufacturer of the automated driving system deems necessary regarding hazardous conditions or public safety risks associated with the operation of the autonomous vehicle.

"Minimal risk condition" means a condition to which a person, human driver, or automated driving system may bring a vehicle after performing the dynamic driving task fallback in order to reduce the risk of a crash when a given trip cannot or should not be completed.

"Operational design domain" means the operating conditions under which a given automated driving system is specifically designed to function, including, but not limited to, environmental, geographic, and time-of-day restrictions, or the requisite presence or absence of certain traffic or roadway characteristics.

"Processing" or "process" means any operation or set of operations which is performed on data or on sets of data, whether by automated means, including, but not limited to, collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission or dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

"Request to intervene" means a notification by an automated driving system to a human driver that the human driver should promptly begin or resume performance of part or all of the dynamic driving task.

"SAE J3016B" means the Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles published by SAE International in June 2018.

Section 10. Autonomous vehicle pilot project.

(a) In order to commence an autonomous vehicle pilot project, a person must provide to the Department a statement that sets forth the operational design domain for an autonomous vehicle pilot project as described in subsection (b).

(b) The operational design domain for an autonomous vehicle pilot project must be confined to counties having or exceeding a population of 1,000,000 individuals, as determined by the most recent federal decennial census, Sangamon County, or the counties of Madison, St. Clair, and Monroe, collectively referred to as the Metro East region.

(c) Notwithstanding subsection (b), the Department may, by administrative rule, authorize the statewide deployment of autonomous vehicles beyond the operational design domain described in this Section after a period of 3 years following the effective date of this Act, as long as the Department determines the pilot projects conducted under this Act have demonstrated safety and operational readiness.

Section 15. Operation of autonomous vehicles.

(a) A person may operate an autonomous vehicle on the public roads of this State with the automated driving system engaged only if the vehicle meets the following conditions:

(1) if a failure of the automated driving system occurs that renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain, the autonomous vehicle with either achieve a minimal risk condition or, when being operated by a human driver, issue a request to intervene;

(2) the autonomous vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws, rules, and regulations of this State when reasonable to do so, unless an exemption has been granted by the Department;

(3) if required by federal law, the vehicle bears the required manufacturer's certification label indicating that at the time of ins manufacture it has been certified to be in compliance with all applicable Federal Motor Vehicle Safety Standards, including reference to any exemption granted by the National Highway Traffic Safety Administration; and

(4) the autonomous vehicle is covered by motor vehicle liability coverage or self-insurance in an amount equal to or greater than the amount of coverage required under the laws of this State.

(b) In addition to satisfying the requirements of subsection (a), a person may operate an autonomous vehicle on the public roads of this State only if the person receives and maintains authorization to operate autonomous vehicles from the Department. To receive such authorization, a person must provide the following to the Department:

(1) the name, address, and principal point of contact for the person applying for authorization;

(2) an applicable written autonomous vehicle pilot project statement as required under subsection (a) of Section 10;

(3) a written statement by the person or the manufacturer of the vehicle or the automated driving system certifying that each autonomous vehicle complies with subsection (a);

(4) a first responder interaction plan; and

(5) evidence of financial responsibility, including an instrument of insurance, surety bond, or proof of self-insurance in the amount of $1,000,000 per incident in a form and manner required by the Department.

(c) On receipt of the documents required under subsection (b) and verifying that the application is complete and accurate, the Department shall approve the application within 10 days.

(d) An authorization issued by the Department under this Section does not expire and remains active unless suspended, revoked, or canceled by the Department.

(e) The authorization holder shall provide to the Department an update to the information described in subsection (b) no later than 30 days after the information materially changes.

(f) The Department may immediately suspend, revoke, or cancel the authorization issued under subsection (c) if the authorization fails to comply with subsection (e).

(g) The Department shall rescind the suspension, revocation, or cancellation within 10 business days of receiving the updated documentation.

Section 20. Licensing. When an automated driving system installed on a motor vehicle is engaged:

(1) the automated driving system is considered the driver or operator, for the purpose of assessing compliance with applicable traffic or motor vehicle laws and shall be deemed to satisfy electronically all physical acts required by a driver or operator of the vehicle; and

(2) the automated driving system is considered to be licensed to operate the vehicle.

Section 25. Duties following crashes involving autonomous vehicles. In the event of a crash:

(1) The autonomous vehicle shall remain on the scene of the crash if required by Article IV of Chapter 11 of the Illinois Vehicle Code consistent with its capability under Section 15.

(2) The owner of the autonomous vehicle, the authorization holder, or a person on behalf of the vehicle owner shall report any crashes or collisions consistent with Article IV of Chapter 11 of the Illinois Vehicle Code.

Section 30. Registration and title.

(a) An autonomous vehicle shall be properly registered in accordance with Article IV of Chapter 3 of the Illinois Vehicle Code. If an autonomous vehicle is registered in this State, the vehicle shall be identified on the registration as an autonomous vehicle.

(b) An autonomous vehicle shall be properly titled in accordance with Article I of Chapter 3 of the Illinois Vehicle Code. If an autonomous vehicle is titled in this State, the vehicle shall be identified on the title as an autonomous vehicle.

Section 35. Operation of a motor vehicle with an automated driving system by a human driver.

(a) A person may operate an autonomous vehicle if:

(1) the automated driving system of such autonomous vehicle will issue a request to intervene if the automated driving system is not capable of performing the entire dynamic driving task with the expectation that the person will respond appropriately to such a request; and

(2) the autonomous vehicle is capable of being operated in compliance with Chapter 11 of the Illinois Vehicle Code when reasonable to do so unless an exemption has been granted by the Department.

(b) Nothing in this Act prohibits or restricts a human driver from operating an autonomous vehicle equipped with controls that allow for the human driver to control all or part of the dynamic driving task.

Section 40. Vehicle equipment standards. An autonomous vehicle that is designed to be operated exclusively by the automated driving system for all trips is not subject to motor vehicle equipment laws, rules, or regulations of this State that:

(1) relate to or support motor vehicle operation by a human driver seated in the vehicle; and

(2) are not relevant for an automated driving system.

Section 45. Evaluation data.

(a) As long as evaluation data is processed in compliance with subsections (b) and (c) and for the purpose of developing automated driving systems and autonomous vehicles, autonomous vehicle manufacturers are explicitly authorized to process evaluation data and shall not be subject to civil lawsuits or liable for actual, statutory, consequential, punitive, or other damages based on their processing of evaluation data, including, but not limited to, lawsuits or liability based on the alleged violation of State laws requiring individual consent or authorization to the collection of evaluation data.

(b) Autonomous vehicle manufacturers shall not use evaluation data for the purpose of identifying a specific individual.

(c) Autonomous vehicle manufacturers must implement, maintain, and enforce, for as long as autonomous vehicle operators process evaluation data, appropriate technical and organizational measures to ensure a level of security appropriate to the risks presented by the processing of the evaluation data.

(d) The Attorney General shall have sole enforcement of the obligations in subsections (b) and (c) and may enforce violations of subsections (b) and (c) as it would enforce unlawful practices under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to the Attorney General for enforcement of subsections (b) and (c).

Section 50. Controlling authority; home rule.

(a) Unless otherwise provided by this Act and notwithstanding any other provision of law, autonomous vehicles and automated driving systems are governed exclusively by this Act. The Department is the sole and exclusive State agency that may implement the provisions of this Act.

(b) The regulation of autonomous vehicles is an exclusive power and function of the State. A home rule unit may not regulate autonomous vehicles. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 55. Repeal. This Act is repealed on January 1, 2029.

Section 60. The Illinois Vehicle Code is amended by changing Section 6-101 as follows:

(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)

Sec. 6-101. Drivers must have licenses or permits.

(a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, an Illinois mobile driver's license, or a restricted driving permit, issued under the provisions of this Act.

(b) No person shall drive a motor vehicle unless the person holds a valid license or permit, an Illinois mobile driver's license, or a restricted driving permit issued under this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No driver's license or instruction permit shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.

(b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.

(c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted.

(d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner.

(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 2012. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(f)(1) The Secretary of State may issue a mobile driver's license to an individual in addition to, and not instead of, a license or an identification card if the Secretary of State has issued a driver's license to the person.

(2) The Secretary may enter into agreements with an agency of the State, another state, or the United States to facilitate the issuance, use, and verification of a mobile driver's license issued by the Secretary or another state.

(3) Any mobile driver's license issued by the Secretary shall be in accordance with American Association of Motor Vehicle Administrator's Mobile Driver's License (mDL) Implementation Guidelines, Version 1.1.

(4) The Secretary shall design the mobile driver's license in a manner that allows the credential holder to maintain physical possession of the device on which the electronic credential is accessed during verification.

(g) As used in this Section:

"Mobile driver's license" means an electronic extension of the Secretary of State issued physical driver's license that conveys identity and driving privilege information and is in compliance with the American Association of Motor Vehicle Administrator's Mobile Driver's License Implementation Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's license" does not include a digital copy, photograph, or image of a driver's license that is not downloaded through the Secretary of State's application on a mobile device.

(h) A person may be required to produce when so requested a physical driver's license to a law enforcement officer, a representative of a State or federal department or agency, or a private entity and is subject to all applicable laws and consequences for failure to produce such a license.

(i) The Secretary of State shall adopt such rules as are necessary to implement a mobile driver's license.

(j) The display of a mobile driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device. If a person presents his or her mobile device to a law enforcement officer for purposes of displaying a mobile driver's license, the law enforcement officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity and license status of the person. Except for willful and wanton misconduct, any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile device.

(k) The fee to install the application to display a mobile driver's license as defined in this subsection shall not exceed $6.

(l) When an automated driving system installed on a motor vehicle is engaged:

(1) the automated driving system is considered the driver or operator, for the purpose of assessing compliance with applicable traffic or motor vehicle laws and shall be deemed to satisfy electronically all physical acts required by a driver or operator of the vehicle; and

(2) the automated driving system is considered to be licensed to operate the vehicle.

(Source: P.A. 102-982, eff. 7-1-23; 103-824, eff. 1-1-25.)

Section 65. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Predatory Loan Prevention Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act, or subsection (b) or (c) of Section 45 the Autonomous Vehicle Pilot Project Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)

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