S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   31

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. GANTT, ROZIC, DenDEKKER -- read once and referred
  to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the testing and operation of autonomous  motor  vehicles  upon  public
  highways;  to  amend  the  general obligations law, in relation to the
  liability of motor vehicle manufacturers  for  vehicles  converted  to
  autonomous  motor  vehicles;  and  directing the commissioner of motor
  vehicles to make recommendations upon additional  legislative  actions
  relating to autonomous vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Legislative intent. The legislature hereby  declares  that
it  intends  to  encourage and support the safe development, testing and
operation of motor vehicles with autonomous technology upon  the  public
highways of the state. This state, while not prohibiting the testing and
operation of motor vehicles with autonomous technology, hereby regulates
such testing and operation.
  S  2.    The  vehicle  and  traffic  law  is amended by adding two new
sections 100-e and 100-f to read as follows:
  S 100-E. AUTONOMOUS TECHNOLOGY.  TECHNOLOGY INSTALLED ON A MOTOR VEHI-
CLE THAT HAS THE CAPABILITY TO DRIVE THE VEHICLE ON WHICH THE TECHNOLOGY
IS INSTALLED WITHOUT THE ACTIVE CONTROL OR MONITORING BY A HUMAN  OPERA-
TOR.  SUCH  TERM  EXCLUDES  A  MOTOR  VEHICLE ENABLED WITH ACTIVE SAFETY
SYSTEMS OR DRIVER ASSISTANCE SYSTEMS, INCLUDING, WITHOUT  LIMITATION,  A
SYSTEM  TO  PROVIDE  ELECTRONIC  BLIND SPOT ASSISTANCE, CRASH AVOIDANCE,
EMERGENCY BRAKING, PARKING ASSISTANCE,  ADAPTIVE  CRUISE  CONTROL,  LANE
KEEP  ASSISTANCE,  LANE  DEPARTURE  WARNING,  OR TRAFFIC JAM AND QUEUING
ASSISTANT, UNLESS ANY SUCH SYSTEM ALONE OR  IN  COMBINATION  WITH  OTHER
SYSTEMS  ENABLES  THE MOTOR VEHICLE ON WHICH THE TECHNOLOGY IS INSTALLED
TO DRIVE WITHOUT THE ACTIVE CONTROL OR MONITORING BY A HUMAN OPERATOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03178-01-5

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  S 100-F. AUTONOMOUS VEHICLE. A MOTOR VEHICLE EQUIPPED WITH  AUTONOMOUS
TECHNOLOGY.
  S  3.  The  vehicle and traffic law is amended by adding a new section
379 to read as follows:
  S 379. AUTONOMOUS VEHICLES. 1. AUTONOMOUS VEHICLES REGISTERED IN  THIS
STATE SHALL COMPLY WITH ALL FEDERAL STANDARDS AND REGULATIONS APPLICABLE
TO MOTOR VEHICLES. IN ADDITION, EACH AUTONOMOUS VEHICLE SHALL:
  (A)  HAVE  A  MEANS  TO ENGAGE AND DISENGAGE THE AUTONOMOUS TECHNOLOGY
THEREIN WHICH IS EASILY ACCESSIBLE TO THE  OPERATOR  OF  THE  AUTONOMOUS
VEHICLE;
  (B)  HAVE  THE MEANS, INSIDE SUCH VEHICLE, TO INDICATE TO THE OPERATOR
THEREOF WHEN THE AUTONOMOUS VEHICLE IS OPERATING IN AUTONOMOUS MODE;
  (C) HAVE A MEANS TO ALERT THE OPERATOR THEREOF IF A TECHNOLOGY FAILURE
AFFECTING THE ABILITY OF SUCH VEHICLE TO SAFELY OPERATE AUTONOMOUSLY  IS
DETECTED  WHILE  THE AUTONOMOUS VEHICLE IS OPERATING AUTONOMOUSLY, SO AS
TO DIRECT THE VEHICLE OPERATOR TO RESUME CONTROL OF THE  MOTOR  VEHICLE;
AND
  (D)  BE CAPABLE OF BEING OPERATED IN COMPLIANCE WITH THE PROVISIONS OF
THIS CHAPTER AND ANY RULES AND REGULATIONS PROMULGATED PURSUANT THERETO.
  2. ALL FEDERAL REGULATIONS PROMULGATED BY THE NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION SHALL  SUPERSEDE  ANY  INCONSISTENT  PROVISION  OF
SUBDIVISION ONE OF THIS SECTION.
  S  4.  The  vehicle and traffic law is amended by adding a new section
507-a to read as follows:
  S 507-A. OPERATION OF AUTONOMOUS VEHICLES. 1. ANY PERSON WHO  HOLDS  A
CLASS  D  LICENSE OR ITS EQUIVALENT MAY OPERATE AN AUTONOMOUS VEHICLE IN
AUTONOMOUS MODE UPON A PUBLIC HIGHWAY.
  2. FOR THE PURPOSES OF THIS CHAPTER, A PERSON SHALL BE  DEEMED  TO  BE
OPERATING  AN  AUTONOMOUS VEHICLE OPERATING IN AUTONOMOUS MODE WHEN SUCH
PERSON CAUSES SUCH VEHICLE'S AUTONOMOUS TECHNOLOGY TO ENGAGE, REGARDLESS
OF WHETHER SUCH PERSON IS PHYSICALLY PRESENT IN THE AUTONOMOUS VEHICLE.
  S 5. The vehicle and traffic law is amended by adding  a  new  section
1212-a to read as follows:
  S  1212-A.  TESTING  OF  AUTONOMOUS  VEHICLES.  1. MOTOR VEHICLES WITH
AUTONOMOUS TECHNOLOGY ARE AUTHORIZED TO BE OPERATED ON  PUBLIC  HIGHWAYS
BY  EMPLOYEES, CONTRACTORS OR OTHER PERSONS DESIGNATED BY A MANUFACTURER
OF AUTONOMOUS TECHNOLOGY FOR THE PURPOSE  OF  TESTING  SUCH  TECHNOLOGY.
PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF THIS SECTION A HUMAN OPERA-
TOR SHALL BE PRESENT WITHIN THE MOTOR VEHICLE SUCH  THAT  SUCH  OPERATOR
HAS  THE  ABILITY  TO MONITOR SUCH VEHICLE'S PERFORMANCE AND RESUME FULL
CONTROL OF THE MOTOR VEHICLE, IF NECESSARY.
  2. PRIOR TO THE COMMENCEMENT OF ANY TESTING PURSUANT TO THIS  SECTION,
THE  ENTITY  SHALL  SUBMIT TO THE DEPARTMENT AN INSTRUMENT OF INSURANCE,
SURETY BOND OR PROOF OF SELF-INSURANCE ACCEPTABLE TO THE COMMISSIONER IN
AN AMOUNT OF NOT LESS THAN FIVE MILLION DOLLARS.
  S 6. Article 9 of the general obligations law is amended by  adding  a
new title 3 to read as follows:
                                 TITLE 3
                           AUTONOMOUS VEHICLES
SECTION 9-301. DEFINITIONS.
        9-303. LIABILITY  OF ORIGINAL MANUFACTURER, DISTRIBUTOR OR DEAL-
                 ER.
  S 9-301. DEFINITIONS.  AS USED IN THIS TITLE:
  1. "AUTONOMOUS VEHICLE" SHALL HAVE THE SAME  MEANING  AS  PROVIDED  IN
SECTION ONE HUNDRED-F OF THE VEHICLE AND TRAFFIC LAW.

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  2.  "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
  S  9-303.  LIABILITY  OF ORIGINAL MANUFACTURER, DISTRIBUTOR OR DEALER.
THE ORIGINAL MANUFACTURER, DISTRIBUTOR OR  DEALER  OF  A  MOTOR  VEHICLE
CONVERTED TO BE AN AUTONOMOUS VEHICLE BY A THIRD PARTY AFTER DELIVERY OF
SUCH  MOTOR  VEHICLE  BY SUCH MANUFACTURER, DISTRIBUTOR OR DEALER, SHALL
NOT BE LIABLE IN, SHALL  HAVE  AN  ABSOLUTE  DEFENSE  TO  AND  SHALL  BE
DISCHARGED  FROM ANY CAUSE OF ACTION COMMENCED BY ANY PERSON FOR DAMAGES
DUE TO AN ALLEGED MOTOR VEHICLE DEFECT CAUSED BY THE CONVERSION OF  SUCH
VEHICLE  TO  AN AUTONOMOUS VEHICLE, OR BY ANY EQUIPMENT INSTALLED UPON A
MOTOR VEHICLE BY THE PERSON WHO CONVERTED SUCH VEHICLE TO AN  AUTONOMOUS
VEHICLE, UNLESS SUCH DEFECT IS ALLEGED TO HAVE BEEN PRESENT IN THE MOTOR
VEHICLE AS ORIGINALLY MANUFACTURED.
  S  7. The commissioner of motor vehicles shall study the operation and
testing of autonomous vehicles, and shall, on  or  before  February  12,
2017, report his or her findings and recommendations to the governor and
the  legislature.  Such  report  shall  include recommendations and such
legislative proposals as shall be deemed necessary for the safe  testing
and operation of motor vehicles equipped with autonomous technology.
  S  8.  This  act shall take effect on the thirtieth day after it shall
have become a law.