HB3136 99TH GENERAL ASSEMBLY

LRB099 06124 RJF 26180 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3136

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code and creates a new Chapter on autonomous vehicles. Defines the terms, "autonomous technology", "autonomous vehicle", "Secretary", "operator", and "manufacturer". Provides for the operation of autonomous vehicles on public roads for testing purposes. Provides that an autonomous vehicle shall not be driven for other than testing purposes unless the manufacturer submits an application meeting certain requirements, and that application is approved by the Secretary of State. Requires the Secretary to adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance, and the submission and approval of an application to operate an autonomous vehicle. Provides that the Secretary shall approve an application if the applicant has submitted all information and completed testing necessary to satisfy the Secretary that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the Secretary. Allows the Secretary to establish additional requirements by the adoption of regulations that he or she deems necessary to ensure the safe operation of autonomous vehicles on public roads. Allows the Secretary to promulgate regulations to assess a fee upon a manufacturer that submits an application to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the Secretary.

FISCAL NOTE ACT MAY APPLY

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 the headings of Chapter 12a and Article I and Sections 12a-100, 12A-101, 12a-102, 12a-103, 12a-104, and 12a-105 and the heading of Article II and Sections 12a-201 and 12a-202 as follows:

(625 ILCS 5/Ch. 12a heading new)

CHAPTER 12a. AUTONOMOUS VEHICLES

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

ARTICLE I. DEFINITIONS

(625 ILCS 5/12a-100 new)

Sec. 12a-100. Definition of words and phrases. For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them.

(625 ILCS 5/12a-101 new)

Sec. 12a-101. Autonomous technology. "Autonomous technology" means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.

(625 ILCS 5/12a-102 new)

Sec. 12a-102. Autonomous vehicle. "Autonomous vehicle" means any vehicle equipped with autonomous technology that has been integrated into that vehicle. An 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.

(625 ILCS 5/12a-103 new)

Sec. 12a-103. Secretary. "Secretary" means the Secretary of State.

(625 ILCS 5/12a-104 new)

Sec. 12a-104. Operator. An "operator" of an autonomous vehicle is the person who is seated in the driver's seat, or if there is no person in the driver's seat, causes the autonomous technology to engage.

(625 ILCS 5/12a-105 new)

Sec. 12a-105. Manufacturer. A "manufacturer" of autonomous technology is the person 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.

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

ARTICLE II. OPERATION OF AUTONOMOUS VEHICLES

(625 ILCS 5/12a-201 new)

Sec. 12a-201. Road testing autonomous vehicles.

(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 Secretary in the form and manner required by the Secretary pursuant to the regulations adopted under subsection (a) of Section 12a-202.

(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 Secretary, and that application is approved by the Secretary under the regulations adopted in subsection (a) of Section 12a-202. 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 do either of the following:

(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 vehicle's model year and all other applicable safety standards and performance requirements set forth in State and federal law and the regulations promulgated pursuant to those laws.

(F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle's model year and all other applicable safety standards and performance requirements set forth in State and federal law and the regulations promulgated 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 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. The manufacturer of the autonomous technology installed on the 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.

(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 Secretary under subsection (a) of Section 12a-202; and

(3) A certification that the manufacturer will maintain a surety bond, or proof of self-insurance as specified in regulations adopted by the Secretary under subsection (a) of Section 12a-202, in an amount of $5,000,000.

(625 ILCS 5/12a-202 new)

Sec. 12a-202. Insurance, applications, and adoption of regulations for autonomous vehicle operation.

(a) As soon as practicable, the Secretary shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subsection (a) of Section 12a-201, and the submission and approval of an application to operate an autonomous vehicle under subsection (b) of Section 12a-201.

(b) The regulations adopted by the Secretary shall include any testing, equipment, and performance standards, in addition to those established for purposes of subsection (a) of Section 12a-201, that the Secretary concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the Secretary may consult with the Illinois State Police or any other entity identified by the Secretary that has expertise in automotive technology, automotive safety, and autonomous system design.

(c) The Secretary may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Illinois State Police, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to:

(1) regulations regarding the aggregate number of deployments of autonomous vehicles on public roads;

(2) special rules for the registration of autonomous vehicles;

(3) new license requirements for operators of autonomous vehicles; and

(4) rules for revocation, suspension, or denial of any license or any approval issued under this Chapter.

(d) The Secretary shall approve an application submitted by a manufacturer under subsection (b) of Section 12a-201 if it finds that the applicant has submitted all information and completed testing necessary to satisfy the Secretary that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the Secretary under subsections (a), (b), and (c).

(e) If an application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the Secretary may impose additional requirements and shall hold public hearings on the adoption of any regulation it deems necessary to ensure the safe operation of those vehicles. The Secretary may require the presence of a driver in the driver's seat of the vehicle if it is determined that such a requirement is necessary to ensure the safe operation of those vehicles on public roads. The Secretary shall notify the General Assembly of the receipt of an application from a manufacturer seeking approval to operate an autonomous vehicle capable of operating without the presence of a driver inside the vehicle, and shall also notify the General Assembly upon approval of the application. Approval of the application shall be effective no sooner than 180 days after the date the application is submitted.

(f) The Secretary may promulgate regulations to assess a fee upon a manufacturer that submits an application to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the Secretary.

(g) Nothing in this Section shall limit or expand the existing authority to operate autonomous vehicles on public roads, until 120 days after the Secretary adopts the regulations required by subsection (a). After adoption of any regulations for autonomous vehicle operation, federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this Section when found to be in conflict.