Illinois General Assembly - Full Text of SB1432
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Full Text of SB1432  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Martin A. Sandoval


New Act

    Creates the Safe Autonomous Vehicle Act. Provides definitions. Provides that upon notification to the Department of Motor Vehicles, a Motor Vehicle Manufacturer may commence a safe autonomous vehicle project with a vehicle installed with an Automated Driving System after providing notification to the Department of Motor Vehicles and after self-certification under certain conditions. Provides that the Manufacturer shall determine the geographical boundaries of the project and shall maintain incident records and provide periodic summaries to the Department and the National Highway Traffic Safety Administration. Provides that the Participating Fleet in the program shall be insured by the Manufacturer who shall assume liability for incidents where the automated driving system technology is at fault for that incident. Provides that any person operates a vehicle with automated driving system technology without first satisfying the eligibility requirements in the Act shall be fined $10,000 for a first violation and a second or subsequent violation is a Class A misdemeanor. Preempts home rule powers. Effective immediately.

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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Safe
5Autonomous Vehicle (SAVE) Act.
6    Section 5. Definitions. For purposes of this Act, the
7following definitions apply:
8    (a) "Automated Driving System" (ADS) means technology
9installed on a motor vehicle that has the capability, on a
10part-time or full-time basis, to drive the vehicle without the
11need for supervision of the driving environment by a human
12driver or operator, whether or not a human driver or operator
13is in the vehicle.
14    (b) "Automatic Crash Notification Technology" means a
15vehicle service integrating wireless communications and
16vehicle location technology for the purpose of determining the
17need for or facilitating emergency medical response in the
18event of a vehicle crash.
19    (c) "Department" means the Department of Motor Vehicles.
20    (d) "Motor Vehicle Manufacturer" means a person who has
21manufactured and distributed motor vehicles in the United
22States that are certified to comply with all applicable federal
23motor vehicle safety standards and that has submitted



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1appropriate manufacturer identification information to the
2National Highway Traffic Safety Administration under 49 CFR
3part 566. "Motor Vehicle Manufacturer" also means a person who:
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
16digital network, software application, or other means to
17connect passengers to ADS equipped fleet vehicles for
18transportation between points chosen by the passenger.
19    (f) "Participating Fleet" shall mean those ADS equipped
20vehicles that are operating on the public roads and highways in
21a SAVE Project.
22    (g) "SAVE project" means an initiative authorizing
23eligible Motor Vehicle Manufacturers to make ADS equipped
24vehicles available to the public for operation on the public
25roads and highways of this State in a manner to be determined
26by such Motor Vehicle Manufacturers that is consistent with all



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1of the provisions under this Act. Such operation may include,
2but is not limited to, making an On-Demand Automated Vehicle
3Network available to the public.
4    (h) "Two-Way Vehicle Communication Technology" means a
5vehicle service provided through a wireless communication
6device embedded in a vehicle that enables two-way communication
7between a vehicle occupant and the vehicle manufacturer.
8    Section 10. SAVE Project commencement; boundaries and data
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).
23    (b) SAVE project boundaries. A Motor Vehicle Manufacturer
24shall determine the geographical boundaries for a SAVE project,
25which may include, but are not limited to, a designated area on



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1the public roads or highways of this State, including, but not
2limited to, a municipality, areas maintained by regional
3authorities, university campuses, developments catering to
4senior citizens, or other similar geographic and demographic
5areas. The public operation of the Participating Fleets shall
6be confined to the boundaries selected by a Motor Vehicle
8    (c) Data collection. For the duration of a SAVE project,
9any participating Motor Vehicle Manufacturer shall maintain
10incident records and provide periodic summaries to the
11Department and the National Highway Traffic Safety
12Administration (NHTSA) related to safety for the Participating
14    (d) Disclosure and consent. Individuals participating in
15any SAVE Project are deemed to consent to the collection of
16such data while they are in the vehicle and to the later
17provision of anonymized data summaries to the Department and
18NHTSA. Prior to the commencement of and during a SAVE Project,
19any participating Motor Vehicle Manufacturer shall make
20publicly available a privacy statement disclosing its data
21handling practices in connection with the applicable
22Participating Fleet.
23    Section 15. SAVE project eligibility. Only Motor Vehicle
24Manufacturers are eligible to participate in a SAVE Project and
25they are responsible for the safe operation of the



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1Participating Fleet. In order for a Motor Vehicle Manufacturer
2to be authorized to participate in a SAVE Project, it must
3self-certify to the conditions set forth below:
4    (a) the Participating Fleet is owned or controlled by the
5Motor Vehicle Manufacturer and is equipped with the following
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
16federal and State laws; and
17    (c) subject to Section 20 of this Act, the vehicles in the
18Participating Fleet are capable of being operated in compliance
19with 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
22operator for purposes of assessing conformance to applicable
23traffic or motor vehicle laws, and shall be deemed to be
24validly licensed to operate a motor vehicle under Section 6-101
25of the Illinois Vehicle Code and Section 15 of the



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1Transportation Network Providers Act; and shall be deemed to
2satisfy all the applicable requirements to be licensed under
3the Illinois Vehicle Code and any physical acts required of a
4driver or operator, including, but not limited to those
5required under Section 6-112 of the Illinois Vehicle Code. No
6motor vehicle laws of this State shall be construed as
7prohibiting an ADS from being the operator or driver of a motor
8vehicle, and no motor vehicle laws of this State shall be
9construed as requiring a licensed human driver to operate a
10vehicle that is being operated by an ADS under this Section.
11    (b) SAVE project vehicles shall be insured by the
12applicable Motor Vehicle Manufacturer consistent with the
13Illinois Insurance Code.
14    (c) For a SAVE project in which the ADS is in control of
15the vehicle, the applicable Motor Vehicle Manufacturer shall
16assume liability for incidents where the ADS technology is at
17fault for such incident, but in all cases consistent with
18existing insurance law and other laws.
19    (d) A Motor Vehicle Manufacturer is immune from any
20liability for damages that arise out of any modification made
21by another person to a vehicle manufactured by the Motor
22Vehicle Manufacturer, or a system or component of the vehicle
23installed by the manufacturer, or to any ADS or automated
24technology, without the Motor Vehicle Manufacturer's written
26    (e) An ADS installed on a motor vehicle that is equipped



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1with Automatic Crash Notification Technology shall be deemed to
2be in compliance with all applicable requirements under Article
3IV of Chapter 11 of the Illinois Vehicle Code if the Automatic
4Crash Notification Technology allows a representative of the
5Motor Vehicle Manufacturer to promptly connect with law
6enforcement to report the crash.
7    (f) The requirements under Section 12-603.1 of the Illinois
8Vehicle Code shall be the responsibility of and apply only to
9human occupants of a motor vehicle. The requirements of the
10Child Passenger Protection Act shall be the responsibility of
11and apply only to the parent or guardian of the child.
12    (g) The provisions of Section 11-1401 of the Illinois
13Vehicle Code shall not apply to an ADS installed on a vehicle
14in a Participating Fleet.
15    (h) Except as otherwise provided in this Act, SAVE Projects
16are governed exclusively by this Act.
17    Section 25. Enforcement.
18    (a) Notwithstanding Section 10 of this Act, any person who
19operates or has operated an ADS-operated vehicle on a public
20road or highway in this State or another state or territory of
21the United States without satisfying the applicable
22eligibility requirements, or in express violation of a statute
23or regulation requiring a valid driver's license, permit, or
24other applicable form of authority to operate a motor vehicle,
25shall 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.
11    (c) Any person who violates subsection (a) of this Section
12is subject to a fine of $ 10,000.
13    (d) A second or subsequent violation of subsection (a) of
14this Section is a Class A misdemeanor.
15    Section 30. Home rule. The regulation of SAVE projects is
16the exclusive power and function of the State. A home rule unit
17may not regulate SAVE projects. This Section is a denial and
18limitation of home rule powers and functions under subsection
19(h) of Article VII of the Illinois Constitution.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.