HB2053 103RD GENERAL ASSEMBLY

LRB103 25147 HEP 51486 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2053

Introduced 2/7/2023, by Rep. Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-105.3a new
625 ILCS 5/Ch. 12 Art. X heading new
625 ILCS 5/12-1000 new

Amends the Illinois Vehicle Code. Defines "autonomous vehicle" as a motor vehicle that possesses the capability (enabled or not) for automated functions to control movement of the vehicle along 2 axes of direction simultaneously. Provides that, before selling or continuing to operate a new or used autonomous vehicle in this State and before updating the software or hardware of any automated driving system on such a vehicle, a manufacturer shall submit to the Department of Transportation documentation regarding the level of driving automation, along with a filing fee in an amount to be determined by the Department. Provides that the Department shall assemble an Automated Driving Systems Review Committee to evaluate submitted documentation and make determinations concerning the level of automated driving capabilities and the suitability of the vehicle for operation on public roads. Provides that an autonomous vehicle classified as having Level 2 Driving Automation may be sold to consumers and registered for use. Provides that the owner of the automated vehicle shall file an annual report with the Department of Transportation stating the number of miles driven per year, the estimated number of miles driven using equipped automated driving systems, and any collisions that occurred involving the vehicle. Prohibits the sale or operation of autonomous vehicles classified as having Level 3, 4, or 5 Driving Automation. Provides that a resident may file a request for the Automated Driving Systems Review Committee to review an existing vehicle sold or registered in this State, and that the Secretary of State shall receive and investigate complaints of a dealer selling a vehicle prohibited for sale under the new provisions. Provides that a person who operates a prohibited vehicle is guilty of a Class A misdemeanor and that such a vehicle is subject to impoundment. Provides penalties for the unauthorized sale or modification of an autonomous vehicle.

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 Section 1-105.3a and by adding Article X to Chapter 12 as follows:

(625 ILCS 5/1-105.3a new)

Sec. 1-105.3a. Autonomous vehicle. A motor vehicle that possesses the capability (enabled or not) for automated functions to control movement of the vehicle along 2 axes of direction simultaneously.

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

ARTICLE X. SPECIAL REQUIREMENTS FOR

AUTONOMOUS VEHICLES

(625 ILCS 5/12-1000 new)

Sec. 12-1000. Autonomous vehicles.

(a) Before selling or continuing to operate a new or used autonomous vehicle in this State and before updating the software or hardware of any automated driving system on such a vehicle, a manufacturer shall submit to the Department of Transportation documentation regarding the level of driving automation per the guidelines set forth in document J3016 Rev APR2021 from the Society of American Engineers, along with a filing fee in an amount to be determined by the Department. The documentation shall include the make and model of the vehicle and any technical data relevant to the capabilities of the automated driving systems installed, regardless of whether the system is enabled, along with manufacturers and third party testing results regarding collision avoidance and detection of all road users including pedestrians, bicycles, motorcycles, equestrians, and pedestrians in wheelchairs. The manufacturer shall provide this data for all 4 seasons of weather and for performance during rain, snow, fog, nighttime, and any other known hazardous conditions.

(b) The Department shall assemble an Automated Driving Systems Review Committee consisting of the following:

(1) 5 Department employees with specialties in traffic safety;

(2) one representative from the public from each the following:

(A) a pedestrian access group;

(B) a bicycle advocacy group;

(C) a disability advocate group; and

(D) an equestrian advocacy group; and

(3) one representative appointed by a statewide organization representing motorcyclists.

(c) The Committee created under this Section shall review the documentation provided by the manufacturer, along with any other publicly available documentation, including, but not limited to, videos, photos, advertisements, and marketing information about the vehicle, and make a determination concerning (i) the level of automated driving under document J3016 Rev APR2021 from the Society of American Engineers; and (ii) the suitability of the autonomous vehicle to be used on publicly accessible roads in this State. This determination shall be made within 30 days of the application for a new vehicle or updates to hardware, and 15 days for an update to software. The Department shall maintain a publicly available list of vehicles and determined level of driving automation, including the latest-approved hardware and software versions for each vehicle.

(d) An autonomous vehicle classified as having Level 2 Driving Automation may be sold to consumers and registered for use by residents in Illinois. The owner of the automated vehicle shall file an annual report with the Department of Transportation stating the number of miles driven per year, the estimated number of miles driven using equipped automated driving systems, and any collisions that occurred involving the vehicle. Each owner must supply proof of a filed report prior to renewing annual registration and upon request by a member of law enforcement during the normal course of a traffic stop or crash investigation.

(e) An autonomous vehicle classified as having Level 3, 4, or 5 Driving Automation may not be sold to consumers in this State. Such vehicles may be registered by a manufacturer for the purpose of transportation on public roads to and from closed circuit testing facilities within this State using trained drivers who are employees or contractors of the manufacturer. A vehicle having Level 3, 4, or 5 Driving Automation, including a vehicle registered in another state, is prohibited from using an automated driving system while on a public road in this State. If a vehicle having Level 3, 4, or 5 Driving Automation was sold in this State prior to the effective date of this amendatory Act of the 103rd General Assembly, then the manufacturer shall take steps to recall and disable all automated driving systems on the affected vehicle. Manufacturers, the Department of Transportation, and the Secretary of State shall work to identify any currently registered vehicles in this state that are classified as having Level 3, 4, or 5 Driving Automation. A manufacturer shall reimburse consumers for any additional costs associated with automated driving systems that were sold at the time of vehicle purchase and later disabled under this Section.

(f) Any resident of this State may file a request for the Automated Driving Systems Review Committee to review an existing vehicle sold or registered in this State. The request shall include the year, manufacturer, model, and documentation of automated driving systems or tools that the resident believes makes the vehicle subject to the requirements of this Section. The Secretary of State shall receive and investigate complaints of a dealer selling a vehicle prohibited for sale under this Section.

(g) A person operating a vehicle in violation of this Section is guilty of a Class A misdemeanor. If the vehicle is registered in this State, it shall be impounded by law enforcement until recalled and remedied by the manufacturer or dealer. The owner of the vehicle shall be liable for any impoundment fees. Any dealer offering a vehicle prohibited from sale or operation on roads of this State for sale or delivery in this State shall be fined $1,500 per day per individual vehicle that is offered for sale in violation of this Section. Any manufacturer who modifies or updates the software or hardware of a vehicle subject to this Section without submitting the modifications to the Automated Driving Systems Review Committee and waiting for its determination before making modifications shall be fined $25,000 per vehicle for each day the violation continues.

(h) Autonomous vehicles that were registered with the Secretary of State before the effective date of this amendatory Act of the 103rd General Assembly shall have 90 days after the effective date to comply with the requirements of this Section.