Full Text of HB2747 100th General Assembly
HB2747ham002 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/25/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2747
| 2 | | AMENDMENT NO. ______. Amend House Bill 2747, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Autonomous Vehicle Act. | 7 | | Section 5. Definitions. For purposes of this Act, the | 8 | | following definitions apply: | 9 | | "Automated driving system" means hardware and software | 10 | | that are collectively capable of performing the entire dynamic | 11 | | driving task on a sustained basis, regardless of whether it is | 12 | | limited to a specific operational design domain. | 13 | | "Automated driving system manufacturer" means a person, as | 14 | | defined in Section 1-159 of the Illinois Vehicle Code, that | 15 | | originally manufactures a fully autonomous vehicle or modifies | 16 | | a vehicle to convert it to a fully autonomous vehicle after the |
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| 1 | | vehicle's original manufacture. | 2 | | "Dynamic driving task" means all of the real-time | 3 | | operational and tactical functions, as defined in SAE J3016, | 4 | | required to operate a vehicle in on-road traffic, except for | 5 | | strategic functions, including, but not limited to, trip | 6 | | scheduling and the selection of destinations and waypoints. | 7 | | "Fully autonomous vehicle" means a vehicle equipped with an | 8 | | automated driving system designed to function without a human | 9 | | operator as a level 4 or level 5 system under SAE J3016. | 10 | | "Human operator" means a natural person in a vehicle with | 11 | | the capability to perform the entire dynamic driving task. | 12 | | "Operational design domain" means a description of the | 13 | | specific operating domain in which an automated driving system | 14 | | is designed to properly operate, including, but not limited to, | 15 | | types of roadways, speed range, environmental conditions, and | 16 | | other domain constraints. | 17 | | "SAE J3016" means "Taxonomy and Definitions for Terms | 18 | | Related to Driving Automation Systems for On-Road Motor | 19 | | Vehicles" published by SAE International in September, 2016. | 20 | | "Secretary" means the Secretary of State. | 21 | | Section 10. Operation of automated driving system equipped | 22 | | vehicles; requirements. Subject exclusively to the provisions | 23 | | of this Act, a fully autonomous vehicle may operate upon the | 24 | | highways of this State, regardless of whether a human operator | 25 | | is physically present in the fully autonomous vehicle. A fully |
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| 1 | | autonomous vehicle shall comply with applicable traffic and | 2 | | motor vehicle laws of this State and shall bear the required | 3 | | manufacturer's certification label indicating that at the time | 4 | | the vehicle was manufactured, it had been certified to be in | 5 | | compliance with all applicable federal motor vehicle safety | 6 | | standards. | 7 | | Section 15. Traffic and motor vehicle laws. | 8 | | (a) When engaged, the automated driving system shall be | 9 | | considered the driver or operator for purposes of assessing | 10 | | conformance to applicable traffic or motor vehicle laws. | 11 | | (b) When engaged, an automated driving system shall be | 12 | | deemed to satisfy any physical acts required of a driver or | 13 | | operator, including, but not limited to, those required under | 14 | | Section 6-112 of the Illinois Vehicle Code. No motor vehicle | 15 | | laws of this State shall prohibit an automated driving system | 16 | | from being the operator or driver of a motor vehicle. | 17 | | (c) No motor vehicle laws of this State shall require a | 18 | | licensed human driver to operate a fully autonomous vehicle. | 19 | | (d) Section 6-101 of the Illinois Vehicle Code shall not | 20 | | apply to an engaged automated driving system or to a person | 21 | | operating a fully autonomous vehicle with the automated driving | 22 | | system engaged. | 23 | | (e) The owner of a fully autonomous vehicle shall comply | 24 | | with the following: | 25 | | (1) For a fully autonomous vehicle owned by the |
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| 1 | | automated driving system manufacturer, the automated | 2 | | driving system manufacturer shall: | 3 | | (A) provide the Secretary with the address of its | 4 | | registered office in this State and the name of its | 5 | | registered agent at that office for service of process; | 6 | | (B) provide the Secretary evidence of its ability | 7 | | to respond to a judgment or judgments for damages for | 8 | | personal injury, death, or property damage arising | 9 | | from the driving or operation of a fully autonomous | 10 | | vehicle upon the highways of this State in the amount | 11 | | of at least $25,000,000 in the form of: | 12 | | (i) an instrument of insurance issued by an | 13 | | insurer licensed to issue insurance in this State; | 14 | | (ii) a surety bond issued by a licensed surety | 15 | | insurer or an eligible surplus lines insurer, but | 16 | | not a deposit in lieu of a bond; or | 17 | | (iii) self-insurance in a form and manner | 18 | | required by the Secretary; and | 19 | | (C) for collisions involving a fully autonomous | 20 | | vehicle that occur in this State, consent to the | 21 | | jurisdiction of the courts in this State if | 22 | | jurisdiction is determined to be proper under State law | 23 | | or federal law. | 24 | | (2) For a fully autonomous vehicle owed by a person who | 25 | | is not the automated driving system manufacturer, the fully | 26 | | autonomous vehicle shall be insured as required under the |
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| 1 | | Illinois Vehicle Code. | 2 | | (f) The Secretary may, with reasonable notice to the | 3 | | vehicle owner, suspend or revoke the registration of a fully | 4 | | autonomous vehicle if the Secretary determines that the | 5 | | requirements of subsection (e) of this Section are not | 6 | | satisfied or that the fully autonomous vehicle poses an | 7 | | unreasonable risk to public safety. | 8 | | (g) Liability for accidents involving a fully autonomous | 9 | | vehicle shall be determined as follows: | 10 | | (1) except as otherwise provided in this subsection | 11 | | (g), liability shall be determined under existing product | 12 | | liability law or common law negligence principles. Nothing | 13 | | in this Act is intended to affect, alter, or amend any | 14 | | right, obligation, liability, or damage apportionment | 15 | | mechanism under existing product liability law, common law | 16 | | negligence, or other applicable law related to liability, | 17 | | or to otherwise contravene or alter rights and duties | 18 | | concerning liability under any existing law, agreement, | 19 | | rule, regulation, or treaty; | 20 | | (2) for a fully autonomous vehicle that has at all | 21 | | times been maintained in compliance with the | 22 | | manufacturer's specifications and has not been modified | 23 | | without the manufacturer's consent, the manufacturer shall | 24 | | be liable for accidents when the automated driving system | 25 | | technology is: (i) in control of the vehicle at the time of | 26 | | the accident; and (ii) at fault for the accident; and |
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| 1 | | (3) nothing in this Act is intended to preclude causes | 2 | | of action based on an existing applicable legal theory of | 3 | | liability, including, but not limited to, common law | 4 | | negligence. | 5 | | (h) An automated driving system shall be deemed to be in | 6 | | compliance with all applicable requirements under Sections | 7 | | 11-401, 11-402, 11-403, 11-404, and 11-407 of the Illinois | 8 | | Vehicle Code if the vehicle owner or person on behalf of the | 9 | | vehicle owner promptly contacts a law enforcement agency to | 10 | | report a crash or if the fully autonomous vehicle alerts a law | 11 | | enforcement agency of the crash. The vehicle owner or person on | 12 | | behalf of the vehicle owner shall inform the law enforcement | 13 | | agency of whether or not the automated driving system was | 14 | | engaged at the time of the crash. | 15 | | (i) The requirements under Section 12-603.1 of the Illinois | 16 | | Vehicle Code shall be the responsibility of and apply only to | 17 | | human occupants of a motor vehicle. The requirements of the | 18 | | Child Passenger Protection Act shall be the responsibility of | 19 | | and apply only to the parent or guardian of the child or, if | 20 | | the child's parent or guardian is not present, the person | 21 | | accompanying the child. | 22 | | (j) The provisions of Section 11-1401 of the Illinois | 23 | | Vehicle Code shall not apply to an automated driving system or | 24 | | fully autonomous vehicle when the automated driving system is | 25 | | engaged. | 26 | | (k) Except as otherwise provided in this Act, automated |
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| 1 | | driving systems, fully autonomous vehicles, and any commercial | 2 | | use of a fully autonomous vehicle are governed exclusively by | 3 | | this Act. | 4 | | Section 20. Home rule. The regulation of fully autonomous | 5 | | vehicles is the exclusive power and function of the State. A | 6 | | home rule unit may not regulate fully autonomous vehicles that | 7 | | otherwise comply with all laws of the home rule unit. This | 8 | | Section is a denial and limitation of home rule powers and | 9 | | functions under subsection (h) of Article VII of the Illinois | 10 | | Constitution.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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