Full Text of HB2747 100th General Assembly
HB2747ham001 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2747
| 2 | | AMENDMENT NO. ______. Amend House Bill 2747 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Autonomous Vehicle Act. | 6 | | Section 5. Definitions. For purposes of this Act, the | 7 | | following definitions apply: | 8 | | "Automated driving system" means hardware and software | 9 | | that are collectively capable of performing the entire dynamic | 10 | | driving task on a sustained basis, regardless of whether it is | 11 | | limited to a specific operational design domain. | 12 | | "Dynamic driving task" means all of the real-time | 13 | | operational and tactical functions, as defined in SAE J3016, | 14 | | required to operate a vehicle in on-road traffic, except for | 15 | | strategic functions, including, but not limited to, trip | 16 | | scheduling and the selection of destinations and waypoints. |
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| 1 | | "Fully autonomous vehicle" means a vehicle equipped with an | 2 | | automated driving system designed to function without a human | 3 | | operator as a level 4 or level 5 system under SAE J3016. | 4 | | "Human operator" means a natural person in a vehicle with | 5 | | the capability to perform the entire dynamic driving task. | 6 | | "Operational design domain" means a description of the | 7 | | specific operating domain in which an automated driving system | 8 | | is designed to properly operate, including, but not limited to, | 9 | | types of roadways, speed range, environmental conditions, and | 10 | | other domain constraints. | 11 | | "SAE J3016" means "Taxonomy and Definitions for Terms | 12 | | Related to Driving Automation Systems for On-Road Motor | 13 | | Vehicles" published by SAE International in September, 2016. | 14 | | "Secretary" means the Secretary of State. | 15 | | Section 10. Operation of automated driving system equipped | 16 | | vehicles; requirements. Subject exclusively to the provisions | 17 | | of this Act, a fully autonomous vehicle may operate upon the | 18 | | highways of this State, regardless of whether a human operator | 19 | | is physically present in the fully autonomous vehicle. A fully | 20 | | autonomous vehicle shall be capable of operating in compliance | 21 | | with applicable traffic and motor vehicle laws of this State | 22 | | and shall bear the required manufacturer's certification label | 23 | | indicating that at the time the vehicle was manufactured, it | 24 | | had been certified to be in compliance with all applicable | 25 | | federal motor vehicle safety standards. |
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| 1 | | Section 15. Traffic and motor vehicle laws. | 2 | | (a) When engaged, the automated driving system shall be | 3 | | considered the driver or operator for purposes of assessing | 4 | | conformance to applicable traffic or motor vehicle laws. | 5 | | (b) When engaged, an automated driving system shall be | 6 | | deemed to satisfy any physical acts required of a driver or | 7 | | operator including, but not limited to, those required under | 8 | | Section 6-112 of the Illinois Vehicle Code. No motor vehicle | 9 | | laws of this State shall prohibit an automated driving system | 10 | | from being the operator or driver of a motor vehicle. | 11 | | (c) No motor vehicle laws of this State shall require a | 12 | | licensed human driver to operate a fully autonomous vehicle. | 13 | | (d) Section 6-101 of the Illinois Vehicle Code shall not | 14 | | apply to an engaged automated driving system or to a person | 15 | | operating a fully autonomous vehicle with the automated driving | 16 | | system engaged. | 17 | | (e) Fully autonomous vehicles shall be insured as required | 18 | | under the Illinois Vehicle Code. | 19 | | (f) Liability for incidents involving a fully autonomous | 20 | | vehicle shall be determined under existing product liability | 21 | | law or common law negligence principles. Nothing in this Act is | 22 | | intended to affect, alter, or amend any right, obligation, | 23 | | liability, or damage apportionment mechanism under existing | 24 | | product liability law, common law negligence, or other | 25 | | applicable law related to liability, or to otherwise contravene |
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| 1 | | or alter rights and duties concerning liability under any | 2 | | existing law, agreement, rule, regulation, or treaty. | 3 | | (g) An automated driving system shall be deemed to be in | 4 | | compliance with all applicable requirements under Sections | 5 | | 11-401, 11-402, 11-403, 11-404, and 11-407 of the Illinois | 6 | | Vehicle Code if the vehicle owner or person on behalf of the | 7 | | vehicle owner promptly contacts a law enforcement agency to | 8 | | report a crash or if the fully autonomous vehicle has the | 9 | | capability of alerting a law enforcement agency of the crash. | 10 | | (h) The requirements under Section 12-603.1 of the Illinois | 11 | | Vehicle Code shall be the responsibility of and apply only to | 12 | | human occupants of a motor vehicle. The requirements of the | 13 | | Child Passenger Protection Act shall be the responsibility of | 14 | | and apply only to the parent or guardian of the child or, if | 15 | | the child's parent or guardian is not present, the person | 16 | | accompanying the child. | 17 | | (i) The provisions of Section 11-1401 of the Illinois | 18 | | Vehicle Code shall not apply to an automated driving system or | 19 | | fully autonomous vehicle when the automated driving system is | 20 | | engaged. | 21 | | (j) Except as otherwise provided in this Act, automated | 22 | | driving systems, fully autonomous vehicles, and any commercial | 23 | | use of a fully autonomous vehicle are governed exclusively by | 24 | | this Act. | 25 | | Section 20. Home rule. The regulation of fully autonomous |
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| 1 | | vehicles is the exclusive power and function of the State. A | 2 | | home rule unit may not regulate fully autonomous vehicles that | 3 | | otherwise comply with all laws of the home rule unit. This | 4 | | Section is a denial and limitation of home rule powers and | 5 | | functions under subsection (h) of Article VII of the Illinois | 6 | | Constitution.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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