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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Safe | ||||||||||||||||||||||||
5 | Autonomous Vehicle (SAVE) Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. For purposes of this Act, the | ||||||||||||||||||||||||
7 | following definitions apply: | ||||||||||||||||||||||||
8 | (a) "Automated Driving System" (ADS) means technology | ||||||||||||||||||||||||
9 | installed on a motor vehicle that has the capability, on a | ||||||||||||||||||||||||
10 | part-time or full-time basis, to drive the vehicle without the | ||||||||||||||||||||||||
11 | need for supervision of the driving environment by a human | ||||||||||||||||||||||||
12 | driver or operator, whether or not a human driver or operator | ||||||||||||||||||||||||
13 | is in the vehicle. | ||||||||||||||||||||||||
14 | (b) "Automatic Crash Notification Technology" means a | ||||||||||||||||||||||||
15 | vehicle service integrating wireless communications and | ||||||||||||||||||||||||
16 | vehicle location technology for the purpose of determining the | ||||||||||||||||||||||||
17 | need for or facilitating emergency medical response in the | ||||||||||||||||||||||||
18 | event of a vehicle crash. | ||||||||||||||||||||||||
19 | (c) "Department" means the Department of Motor Vehicles. | ||||||||||||||||||||||||
20 | (d) "Motor Vehicle Manufacturer" means a person who has | ||||||||||||||||||||||||
21 | manufactured and distributed motor vehicles in the United | ||||||||||||||||||||||||
22 | States that are certified to comply with all applicable federal | ||||||||||||||||||||||||
23 | motor vehicle safety standards and that has submitted |
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1 | appropriate manufacturer identification information to the | ||||||
2 | National Highway Traffic Safety Administration under 49 CFR | ||||||
3 | part 566. "Motor Vehicle Manufacturer" also means a person who:
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4 | (1) has manufactured ADS equipped vehicles in the | ||||||
5 | United States that are certified to comply with all | ||||||
6 | applicable federal and state laws; | ||||||
7 | (2) has operated ADS equipped vehicles using a test | ||||||
8 | driver and with an automated driving system on public roads | ||||||
9 | in the United States for at least 1,000,000 miles; and | ||||||
10 | (3) has obtained an instrument of insurance, surety | ||||||
11 | bond, or proof of self-insurance in the amount of at least | ||||||
12 | $10,000,000, and has provided evidence of that insurance, | ||||||
13 | surety bond, or self-insurance to the Department in a form | ||||||
14 | and manner required by the Department. | ||||||
15 | (e) "On-Demand Automated Motor Vehicle Network" means a | ||||||
16 | digital network, software application, or other means to | ||||||
17 | connect passengers to ADS equipped fleet vehicles for | ||||||
18 | transportation between points chosen by the passenger. | ||||||
19 | (f) "Participating Fleet" shall mean those ADS equipped | ||||||
20 | vehicles that are operating on the public roads and highways in | ||||||
21 | a SAVE Project. | ||||||
22 | (g) "SAVE project" means an initiative authorizing | ||||||
23 | eligible Motor Vehicle Manufacturers to make ADS equipped | ||||||
24 | vehicles available to the public for operation on the public | ||||||
25 | roads and highways of this State in a manner to be determined | ||||||
26 | by such Motor Vehicle Manufacturers that is consistent with all |
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1 | of the provisions under this Act. Such operation may include, | ||||||
2 | but is not limited to, making an On-Demand Automated Vehicle | ||||||
3 | Network available to the public.
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4 | (h) "Two-Way Vehicle Communication Technology" means a | ||||||
5 | vehicle service provided through a wireless communication | ||||||
6 | device embedded in a vehicle that enables two-way communication | ||||||
7 | between a vehicle occupant and the vehicle manufacturer. | ||||||
8 | Section 10. SAVE Project commencement; boundaries and data | ||||||
9 | collection. | ||||||
10 | (a) Commencement. | ||||||
11 | (1) A Motor Vehicle Manufacturer's eligibility to | ||||||
12 | participate in a SAVE project is conditioned solely upon | ||||||
13 | meeting the requirements under Section 15 of this Act. | ||||||
14 | (2) A SAVE Project may be commenced by a Motor Vehicle | ||||||
15 | Manufacturer at any time after it provides notification to | ||||||
16 | the Department of self-certification under Section 15 of | ||||||
17 | this Act. A Motor Vehicle Manufacturer's notification to | ||||||
18 | the Department shall also set forth the geographical | ||||||
19 | boundaries for the SAVE project as described in subsection | ||||||
20 | (b) of this Act. | ||||||
21 | (3) Any Motor Vehicle Manufacturer may engage in | ||||||
22 | multiple SAVE projects under this subsection (a).
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23 | (b) SAVE project boundaries. A Motor Vehicle Manufacturer | ||||||
24 | shall determine the geographical boundaries for a SAVE project, | ||||||
25 | which may include, but are not limited to, a designated area on |
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1 | the public roads or highways of this State, including, but not | ||||||
2 | limited to, a municipality, areas maintained by regional | ||||||
3 | authorities, university campuses, developments catering to | ||||||
4 | senior citizens, or other similar geographic and demographic | ||||||
5 | areas. The public operation of the Participating Fleets shall | ||||||
6 | be confined to the boundaries selected by a Motor Vehicle | ||||||
7 | Manufacturer. | ||||||
8 | (c) Data collection. For the duration of a SAVE project, | ||||||
9 | any participating Motor Vehicle Manufacturer shall maintain | ||||||
10 | incident records and provide periodic summaries to the | ||||||
11 | Department and the National Highway Traffic Safety | ||||||
12 | Administration (NHTSA) related to safety for the Participating | ||||||
13 | Fleet. | ||||||
14 | (d) Disclosure and consent. Individuals participating in | ||||||
15 | any SAVE Project are deemed to consent to the collection of | ||||||
16 | such data while they are in the vehicle and to the later | ||||||
17 | provision of anonymized data summaries to the Department and | ||||||
18 | NHTSA. Prior to the commencement of and during a SAVE Project, | ||||||
19 | any participating Motor Vehicle Manufacturer shall make | ||||||
20 | publicly available a privacy statement disclosing its data | ||||||
21 | handling practices in connection with the applicable | ||||||
22 | Participating Fleet.
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23 | Section 15. SAVE project eligibility. Only Motor Vehicle | ||||||
24 | Manufacturers are eligible to participate in a SAVE Project and | ||||||
25 | they are responsible for the safe operation of the |
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1 | Participating Fleet. In order for a Motor Vehicle Manufacturer | ||||||
2 | to be authorized to participate in a SAVE Project, it must | ||||||
3 | self-certify to the conditions set forth below: | ||||||
4 | (a) the Participating Fleet is owned or controlled by the | ||||||
5 | Motor Vehicle Manufacturer and is equipped with the following | ||||||
6 | attributes: | ||||||
7 | (1) Automated Driving Systems; | ||||||
8 | (2) Automatic Crash Notification Technology; | ||||||
9 | (3) a data recording system with capacity to record the | ||||||
10 | ADS system status and other vehicle attributes such as | ||||||
11 | speed, direction, and location at a specified time period | ||||||
12 | determined by the Motor Vehicle Manufacturer prior to a | ||||||
13 | crash; and | ||||||
14 | (4) Two-Way Vehicle Communication Technology; | ||||||
15 | (b) the Participating Fleet complies with all applicable | ||||||
16 | federal and State laws; and | ||||||
17 | (c) subject to Section 20 of this Act, the vehicles in the | ||||||
18 | Participating Fleet are capable of being operated in compliance | ||||||
19 | with applicable traffic and motor vehicle laws of this State. | ||||||
20 | Section 20. Traffic and motor vehicle laws. | ||||||
21 | (a) When engaged, the ADS shall be considered the driver or | ||||||
22 | operator for purposes of assessing conformance to applicable | ||||||
23 | traffic or motor vehicle laws, and shall be deemed to be | ||||||
24 | validly licensed to operate a motor vehicle under Section 6-101 | ||||||
25 | of the Illinois Vehicle Code and Section 15 of the |
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1 | Transportation Network Providers Act; and shall be deemed to | ||||||
2 | satisfy all the applicable requirements to be licensed under | ||||||
3 | the Illinois Vehicle Code and any physical acts required of a | ||||||
4 | driver or operator, including, but not limited to those | ||||||
5 | required under Section 6-112 of the Illinois Vehicle Code. No | ||||||
6 | motor vehicle laws of this State shall be construed as | ||||||
7 | prohibiting an ADS from being the operator or driver of a motor | ||||||
8 | vehicle, and no motor vehicle laws of this State shall be | ||||||
9 | construed as requiring a licensed human driver to operate a | ||||||
10 | vehicle that is being operated by an ADS under this Section. | ||||||
11 | (b) SAVE project vehicles shall be insured by the | ||||||
12 | applicable Motor Vehicle Manufacturer consistent with the | ||||||
13 | Illinois Insurance Code. | ||||||
14 | (c) For a SAVE project in which the ADS is in control of | ||||||
15 | the vehicle, the applicable Motor Vehicle Manufacturer shall | ||||||
16 | assume liability for incidents where the ADS technology is at | ||||||
17 | fault for such incident, but in all cases consistent with | ||||||
18 | existing insurance law and other laws. | ||||||
19 | (d) A Motor Vehicle Manufacturer is immune from any | ||||||
20 | liability for damages that arise out of any modification made | ||||||
21 | by another person to a vehicle manufactured by the Motor | ||||||
22 | Vehicle Manufacturer, or a system or component of the vehicle | ||||||
23 | installed by the manufacturer, or to any ADS or automated | ||||||
24 | technology, without the Motor Vehicle Manufacturer's written | ||||||
25 | consent. | ||||||
26 | (e) An ADS installed on a motor vehicle that is equipped |
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1 | with Automatic Crash Notification Technology shall be deemed to | ||||||
2 | be in compliance with all applicable requirements under Article | ||||||
3 | IV of Chapter 11 of the Illinois Vehicle Code if the Automatic | ||||||
4 | Crash Notification Technology allows a representative of the | ||||||
5 | Motor Vehicle Manufacturer to promptly connect with law | ||||||
6 | enforcement to report the crash. | ||||||
7 | (f) The requirements under Section 12-603.1 of the Illinois | ||||||
8 | Vehicle Code shall be the responsibility of and apply only to | ||||||
9 | human occupants of a motor vehicle. The requirements of the | ||||||
10 | Child Passenger Protection Act shall be the responsibility of | ||||||
11 | and apply only to the parent or guardian of the child. | ||||||
12 | (g) The provisions of Section 11-1401 of the Illinois | ||||||
13 | Vehicle Code shall not apply to an ADS installed on a vehicle | ||||||
14 | in a Participating Fleet. | ||||||
15 | (h) Except as otherwise provided in this Act, SAVE Projects | ||||||
16 | are governed exclusively by this Act. | ||||||
17 | Section 25. Enforcement. | ||||||
18 | (a) Notwithstanding Section 10 of this Act, any person who | ||||||
19 | operates or has operated an ADS-operated vehicle on a public | ||||||
20 | road or highway in this State or another state or territory of | ||||||
21 | the United States without satisfying the applicable | ||||||
22 | eligibility requirements, or in express violation of a statute | ||||||
23 | or regulation requiring a valid driver's license, permit, or | ||||||
24 | other applicable form of authority to operate a motor vehicle, | ||||||
25 | shall not operate an ADS-operated vehicle in this state. |
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1 | (b) Evidence. | ||||||
2 | (1) A copy of the citation or other official | ||||||
3 | documentation, notice, or information indicating operation | ||||||
4 | without a valid driver's license, permit, or other | ||||||
5 | applicable form of authority to operate, a motor vehicle | ||||||
6 | shall constitute sufficient evidence to prove violation. | ||||||
7 | (2) A vehicle operating on public roads without a human | ||||||
8 | driver present in the vehicle shall be presumed to be | ||||||
9 | equipped with ADS and subject to the requirements of this | ||||||
10 | Act.
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11 | (c) Any person who violates subsection (a) of this Section | ||||||
12 | is subject to a fine of $ 10,000. | ||||||
13 | (d) A second or subsequent violation of subsection (a) of | ||||||
14 | this Section is a Class A misdemeanor.
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15 | Section 30. Home rule. The regulation of SAVE projects is | ||||||
16 | the exclusive power and function of the State. A home rule unit | ||||||
17 | may not regulate SAVE projects. This Section is a denial and | ||||||
18 | limitation of home rule powers and functions under subsection | ||||||
19 | (h) of Article VII of the Illinois Constitution.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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