NY State Senate Bill 2017-S8396

Senate Bill S8396

2017-2018 Legislative Session

Relates to the operation of motor vehicles with autonomous technology

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2018	referred to transportation

2017-S8396 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §§100-e, 100-f & 507-a, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S1779

2017-S8396 (ACTIVE) - Summary

Provides for a definition of autonomous vehicles and mandates that drivers with a class DJ learner's permit or license may only operate an autonomous vehicle under supervision.

2017-S8396 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8396

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the operation of motor vehicles with autonomous technology;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Amends sections of the law in relation to the operation of autonomous
vehicles to ensure passenger and public safety until technology becomes
error-proof.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding sections
100-e and 100-f.

a. 100-e defines autonomous technology as technology installed on a
motor vehicle with the capabilities to drive the vehicle without the
active control or monitoring of a human being. This term excludes motor

vehicles enabled with active safety systems or driver assistance systems
unless any system enables the motor vehicle on which the technology is
installed to drive without the active control or monitoring by a human
operator.

b. 100-f defines an autonomous vehicle as a motor vehicle equipped with
autonomous technology.

Section 2. The vehicle and traffic law is amended by adding section
507-a.

a. 507-a. Operation of autonomous vehicles may be any person who holds
anything equivalent to class D license or any person with a learner's
permit under the immediate supervision of a person at least 18 years of
age with a valid state driver's license.

b. For the purposes of this chapter, a person will be required to oper-
ate an autonomous vehicle in autonomous mode when a person causes the
vehicle's autonomous technology to engage

Section 3. This act shall take effect immediately. It will expire and be
repealed when the legislature, with the written input by the governor's
traffic safety committee, is provided with opinion that motor vehicle's
autonomous technology has evolved to a point of such safety that a
licensed driver is not needed; provided that the commissioner of motor
vehicles notifies the legislative bill drafting commission upon the
occurrence of providing such opinion to the legislature so that the
commission may maintain an accurate data base of the official text of
New York State. These law further effects the provisions of section 44
of the legislative law and section 70-b of the public officers law.

 
JUSTIFICATION:

Driver assistance systems have been evolving gradually and heading to a
wholesale deployment of fully autonomous cars. Fully autonomous cars are
available to consumers now but are not without their limitations and
glitches which are potential dangers to both the passengers and to
pedestrians.
Currently, all of the driver assistance systems which are in use today
operate only for short times and in extremely limited settings.  Auto-
parking operates for a few seconds with the driver watching.  Emergency
braking kicks in at the last moment before an inevitable crash. Lane
warning comes on briefly when a car veers out of its lane.

However, once the car drives itself continuously for minutes or hours,
gradual evolution is impossible. Once a car is engaged on the road for
autonomous driving there is no margin for error: no room for gradual
improvement, learning by doing or evolution. It needs to be able to cope
with all driving situations and crisis situations that may arise on the
spot.

This legislation seeks to put in place a mechanism to ensure public
safety when autonomous cars become available to consumers in New York
State by requiring that a licensed driver is in the car when in oper-
ations. Imagine a situation when a teen or youth with no license or
driving permit engages such a vehicle and there is a malfunction or
situation which needs the experience of an adult driver or licensed
driver and non are in that autonomous vehicle.

Eventually the technology will progress to the point where errors by the
autonomous car are never occurring and such an experienced or adult
driver is needed in the car while engaged. This legislation addresses
this progression in technology by having periodic reviews of the avail-
able technology and a sunset provision when this law (as proposed in
this bill) is no longer needed.

It is important to note that advances in technology are rapidly making
our consumer protection laws obsolete. This legislation is an attempt to
keep current with advances in technology while ensuring public safety
for the 11.3 million licensed drivers in our State and the many more who
will benefit from autonomous cars.

 
PRIOR LEGISLATIVE HISTORY:

No prior legislative history.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
Immediately. It will expire and be repealed when the legislature, with
the written input by the governor's traffic safety committee, is
provided with opinion that motor vehicle's autonomous technology has
evolved to a point of such safety that a licensed driver is not needed.

2017-S8396 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8396
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
   tion of motor vehicles with autonomous technology; and  providing  for
   the repeal of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is amended by  adding  two  new
 sections 100-e and 100-f to read as follows:
   §  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.
   § 100-F. AUTONOMOUS VEHICLE. A MOTOR VEHICLE EQUIPPED WITH  AUTONOMOUS
 TECHNOLOGY.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 507-a to read as follows:
   § 507-A. OPERATION OF AUTONOMOUS VEHICLES. 1. ANY PERSON WHO  HOLDS  A
 CLASS D LICENSE OR ITS EQUIVALENT MAY OPERATE AN AUTONOMOUS VEHICLE UPON
 A PUBLIC HIGHWAY.
   2.  ANY PERSON WHO HOLDS A CLASS DJ LEARNER'S PERMIT OR LICENSE OR ITS
 EQUIVALENT MAY OPERATE AN AUTONOMOUS VEHICLE UPON A PUBLIC HIGHWAY  WHEN
 THE  PERSON  IS  UNDER THE IMMEDIATE SUPERVISION AND CONTROL OF EITHER A
 PERSON AT LEAST EIGHTEEN YEARS OF AGE OR A PERSON WHO  HOLDS  A  LICENSE
 VALID  IN THIS STATE, UNLESS THERE IS A MEDICAL EMERGENCY WHICH REQUIRES
 THE OPERATION OF THE AUTONOMOUS VEHICLE WITHOUT  THE  SUPERVISION  OF  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10013-03-7

 S. 8396                             2
 
 PERSON  AT  LEAST  EIGHTEEN YEARS OF AGE OR A PERSON WHO HOLDS A LICENSE
 VALID IN THIS STATE.
   3.  ANY PERSON WHO HOLDS A CLASS DJ LEARNER'S PERMIT OR LICENSE OR ITS
 EQUIVALENT WHO VIOLATES SUBDIVISION TWO OF THIS SECTION SHALL  HAVE  HIS
 OR HER LEARNER'S PERMIT OR LICENSE SUSPENDED FOR  A PERIOD OF SIXTY DAYS
 PURSUANT TO SECTION FIVE HUNDRED TEN-C OF THIS TITLE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall expire and  be  deemed  repealed  either  6
 years  after  such  date or upon a statement from the governor's traffic
 safety committee which declares autonomous technology  safe  enough  for
 class  DJ  learner's  permit or license holders to operate an autonomous
 vehicle without the supervision of a person at least 18 years of age  or
 a  person  who  holds  a  license  valid in this state, whichever occurs
 first; provided that the governor's traffic safety committee shall noti-
 fy the legislative bill drafting commission of the date of such declara-
 tion in order that the commission may maintain an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers law.

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