S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9705
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to autonomous
   vehicle driving
 
   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 a new
 article 34-E to read as follows:
                               ARTICLE 34-E
                        AUTONOMOUS VEHICLE DRIVING
 SECTION 1290. DEFINITIONS.
         1291. OPERATION OF FULLY AUTONOMOUS  VEHICLES  WITHOUT  A  HUMAN
                 DRIVER.
         1292. LICENSING.
         1293. INSURANCE.
         1294. DUTIES  FOLLOWING CRASHES INVOLVING FULLY AUTONOMOUS VEHI-
                 CLES.
         1295. ON-DEMAND AUTONOMOUS VEHICLE NETWORK.
         1296. REGISTRATION AND TITLE.
         1297. CONTROLLING AUTHORITY.
         1298. OPERATION OF A MOTOR VEHICLE  WITH  AN  AUTOMATED  DRIVING
                 SYSTEM BY A HUMAN DRIVER.
   §  1290. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AUTOMATED DRIVING SYSTEM" SHALL MEAN  THE  HARDWARE  AND  SOFTWARE
 THAT  ARE  COLLECTIVELY CAPABLE OF PERFORMING THE ENTIRE DYNAMIC DRIVING
 TASK ON A SUSTAINED BASIS, REGARDLESS OF WHETHER  IT  IS  LIMITED  TO  A
 SPECIFIC OPERATIONAL DESIGN DOMAIN;
   2. "DYNAMIC DRIVING TASK OR DDT" SHALL MEAN ALL OF THE REAL-TIME OPER-
 ATIONAL  AND TACTICAL FUNCTIONS REQUIRED TO OPERATE A VEHICLE IN ON-ROAD
 TRAFFIC, EXCLUDING THE STRATEGIC FUNCTIONS SUCH AS TRIP  SCHEDULING  AND
 SELECTION  OF  DESTINATIONS AND WAYPOINTS, AND INCLUDING WITHOUT LIMITA-
 TION: LATERAL VEHICLE MOTION CONTROL VIA STEERING,  LONGITUDINAL  MOTION
 CONTROL  VIA ACCELERATION AND DECELERATION, MONITORING THE DRIVING ENVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14511-02-2
 A. 9705                             2
 
 RONMENT VIA OBJECT AND EVENT DETECTION, RECOGNITION, CLASSIFICATION, AND
 RESPONSE PREPARATION, OBJECT  AND  EVENT  RESPONSE  EXECUTION,  MANEUVER
 PLANNING; AND ENHANCING CONSPICUITY VIA LIGHTING, SIGNALING, AND GESTUR-
 ING;
   3. "DDT FALLBACK" SHALL MEAN THE RESPONSE BY THE PERSON OR HUMAN DRIV-
 ER  TO  EITHER PERFORM THE DDT OR ACHIEVE A MINIMAL RISK CONDITION AFTER
 OCCURRENCE OF A DDT PERFORMANCE-RELEVANT SYSTEM FAILURE OR  FAILURES  OR
 UPON  OPERATIONAL  DESIGN  DOMAIN  EXIT, OR THE RESPONSE BY AN AUTOMATED
 DRIVING SYSTEM TO ACHIEVE MINIMAL RISK CONDITION, GIVEN THE SAME CIRCUM-
 STANCES;
   4. "FULLY AUTONOMOUS VEHICLE" SHALL MEAN A MOTOR VEHICLE EQUIPPED WITH
 AN AUTOMATED DRIVING SYSTEM DESIGNED TO FUNCTION WITHOUT A HUMAN  DRIVER
 AS A LEVEL 4 OR 5 SYSTEM UNDER SAE J3016;
   5.  "HUMAN  DRIVER"  SHALL MEAN A NATURAL PERSON IN THE VEHICLE WITH A
 VALID LICENSE TO OPERATE A MOTOR VEHICLE WHO CONTROLS ALL OR PART OF THE
 DYNAMIC DRIVING TASK;
   6. "MINIMAL RISK CONDITION" SHALL MEAN A CONDITION TO WHICH A  PERSON,
 HUMAN  DRIVER,  OR  AN  ADS MAY BRING A VEHICLE AFTER PERFORMING THE DDT
 FALLBACK IN ORDER TO REDUCE THE RISK OF A CRASH WHEN A GIVEN TRIP CANNOT
 OR SHOULD NOT BE COMPLETED;
   7. "ON-DEMAND AUTONOMOUS VEHICLE NETWORK" SHALL MEAN A  TRANSPORTATION
 SERVICE  NETWORK THAT USES A SOFTWARE APPLICATION OR OTHER DIGITAL MEANS
 TO DISPATCH OR OTHERWISE ENABLE THE  PRE-ARRANGEMENT  OF  TRANSPORTATION
 WITH  FULLY  AUTONOMOUS VEHICLES FOR PURPOSES OF TRANSPORTING PASSENGERS
 OR  GOODS,  INCLUDING  FOR-HIRE  TRANSPORTATION  AND  TRANSPORTATION  OF
 PASSENGERS OR GOODS FOR COMPENSATION;
   8.  "OPERATIONAL DESIGN DOMAIN OR ODD" SHALL MEAN OPERATING CONDITIONS
 UNDER WHICH A GIVEN AUTOMATED DRIVING SYSTEM IS SPECIFICALLY DESIGNED TO
 FUNCTION, INCLUDING, BUT NOT LIMITED  TO,  ENVIRONMENTAL,  GEOGRAPHICAL,
 AND  TIME-OF-DAY  RESTRICTIONS, AND/OR THE REQUISITE PRESENCE OR ABSENCE
 OF CERTAIN TRAFFIC OR ROADWAY CHARACTERISTICS;
   9. "PERSON" SHALL MEAN A NATURAL PERSON, CORPORATION, BUSINESS  TRUST,
 ESTATE,  TRUST,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY, ASSOCIATION,
 JOINT VENTURE, GOVERNMENTAL AGENCY, PUBLIC  CORPORATION,  OR  ANY  OTHER
 LEGAL OR COMMERCIAL ENTITY;
   10.  "REQUEST  TO  INTERVENE"  SHALL MEAN NOTIFICATION BY AN AUTOMATED
 DRIVING SYSTEM TO A HUMAN DRIVER, THAT THE HUMAN DRIVER SHOULD  PROMPTLY
 BEGIN  OR RESUME PERFORMANCE OF PART OR ALL OF THE DYNAMIC DRIVING TASK;
 AND
   11. "SAE J3016" SHALL MEAN THE  TAXONOMY  AND  DEFINITIONS  FOR  TERMS
 RELATED  TO  DRIVING  AUTOMATION  SYSTEMS  FOR  ON-ROAD  MOTOR  VEHICLES
 PUBLISHED BY SAE INTERNATIONAL IN APRIL 2021.
   § 1291. OPERATION OF FULLY AUTONOMOUS VEHICLES WITHOUT A HUMAN DRIVER.
 1. A PERSON MAY OPERATE A FULLY AUTONOMOUS VEHICLE ON THE  PUBLIC  ROADS
 OF THIS STATE WITHOUT A HUMAN DRIVER PROVIDED THAT THE AUTOMATED DRIVING
 SYSTEM IS ENGAGED AND THE VEHICLE MEETS THE FOLLOWING CONDITIONS:
   (A)  IF  A FAILURE OF THE AUTOMATED DRIVING SYSTEM OCCURS THAT RENDERS
 THAT SYSTEM UNABLE TO PERFORM THE ENTIRE DYNAMIC DRIVING  TASK  RELEVANT
 TO  ITS INTENDED OPERATIONAL DESIGN DOMAIN, THE FULLY AUTONOMOUS VEHICLE
 SHALL ACHIEVE A MINIMAL RISK CONDITION;
   (B) THE FULLY AUTONOMOUS VEHICLE IS CAPABLE OF OPERATING IN COMPLIANCE
 WITH THE APPLICABLE TRAFFIC AND MOTOR  VEHICLE  SAFETY  LAWS  AND  REGU-
 LATIONS  OF THIS STATE WHEN REASONABLE TO DO SO, UNLESS AN EXEMPTION HAS
 BEEN GRANTED BY THE DEPARTMENT; AND
   (C) WHEN REQUIRED BY FEDERAL  LAW,  THE  VEHICLE  BEARS  THE  REQUIRED
 MANUFACTURER'S  CERTIFICATION  LABEL  INDICATING THAT AT THE TIME OF ITS
 A. 9705                             3
 
 MANUFACTURE IT HAS BEEN CERTIFIED TO BE IN COMPLIANCE WITH ALL  APPLICA-
 BLE  FEDERAL  MOTOR VEHICLE SAFETY STANDARDS, INCLUDING REFERENCE TO ANY
 EXEMPTION GRANTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
   2.  PRIOR  TO OPERATING A FULLY AUTONOMOUS VEHICLE ON THE PUBLIC ROADS
 OF THIS STATE WITHOUT A HUMAN  DRIVER,  A  PERSON  SHALL  SUBMIT  A  LAW
 ENFORCEMENT INTERACTION PLAN TO THE DEPARTMENT WHICH SHALL DESCRIBE:
   (A)  THE MEANS OF COMMUNICATING WITH A FLEET SUPPORT SPECIALIST WHO IS
 AVAILABLE DURING THE TIMES THE VEHICLE IS IN OPERATION;
   (B) THE MEANS OF SAFELY REMOVING THE FULLY AUTONOMOUS VEHICLE FROM THE
 ROADWAY AND STEPS TO SAFELY TOW THE VEHICLE;
   (C) THE MEANS TO RECOGNIZE WHETHER OR NOT THE FULLY AUTONOMOUS VEHICLE
 IS IN AUTONOMOUS MODE; AND
   (D) ANY ADDITIONAL INFORMATION THE MANUFACTURER OR OWNER DEEMS  NECES-
 SARY  REGARDING  THE HAZARDOUS CONDITIONS OR PUBLIC SAFETY RISKS ASSOCI-
 ATED WITH THE OPERATION OF THE FULLY AUTONOMOUS VEHICLE.
   § 1292. LICENSING. NOTWITHSTANDING THE PROVISIONS OF ARTICLE  NINETEEN
 OF  THIS  CHAPTER, WHEN AN AUTOMATED DRIVING SYSTEM INSTALLED ON A MOTOR
 VEHICLE IS ENGAGED:
   1. THE AUTOMATED DRIVING SYSTEM IS CONSIDERED THE DRIVER OR  OPERATOR,
 FOR THE PURPOSE OF ASSESSING COMPLIANCE WITH APPLICABLE TRAFFIC OR MOTOR
 VEHICLE  LAWS AND SHALL BE DEEMED TO SATISFY ELECTRONICALLY ALL PHYSICAL
 ACTS REQUIRED BY A DRIVER OR OPERATOR OF THE VEHICLE; AND
   2. THE AUTOMATED DRIVING SYSTEM IS CONSIDERED TO BE LICENSED TO  OPER-
 ATE THE VEHICLE.
   §  1293.  INSURANCE.  BEFORE  OPERATING  A FULLY AUTONOMOUS VEHICLE ON
 PUBLIC ROADS IN THIS STATE, A PERSON SHALL  SUBMIT  PROOF  OF  FINANCIAL
 RESPONSIBILITY  SATISFACTORY TO THE DEPARTMENT THAT THE FULLY AUTONOMOUS
 VEHICLE IS COVERED BY INSURANCE OR PROOF OF SELF-INSURANCE  THAT  SATIS-
 FIES THE REQUIREMENTS OF ARTICLE SIX OF THIS CHAPTER.
   §  1294. DUTIES FOLLOWING CRASHES INVOLVING FULLY AUTONOMOUS VEHICLES.
 IN THE EVENT OF A CRASH:
   1. THE FULLY AUTONOMOUS VEHICLE SHALL REMAIN ON THE SCENE OF THE CRASH
 WHEN REQUIRED BY ARTICLE TWENTY-TWO OF THIS CHAPTER; AND
   2. THE OWNER OF THE FULLY AUTONOMOUS VEHICLE, OR A PERSON ON BEHALF OF
 THE VEHICLE OWNER, SHALL  PROMPTLY  REPORT  ANY  CRASHES  OR  COLLISIONS
 CONSISTENT WITH ARTICLE TWENTY-TWO OF THIS CHAPTER.
   §  1295. ON-DEMAND AUTONOMOUS VEHICLE NETWORK. AN ON-DEMAND AUTONOMOUS
 VEHICLE NETWORK SHALL BE PERMITTED TO OPERATE  PURSUANT  TO  STATE  LAWS
 GOVERNING  THE  OPERATION OF TRANSPORTATION NETWORK COMPANIES, TAXIS, OR
 ANY OTHER GROUND TRANSPORTATION FOR-HIRE OF PASSENGERS, WITH THE  EXCEP-
 TION  THAT  ANY  PROVISION  OF ARTICLE FORTY-FOUR-B OF THIS CHAPTER THAT
 REASONABLY APPLIES ONLY TO A HUMAN DRIVER DOES NOT APPLY TO  THE  OPERA-
 TION  OF  FULLY  AUTONOMOUS  VEHICLES  WITH THE AUTOMATED DRIVING SYSTEM
 ENGAGED ON AN ON-DEMAND AUTONOMOUS VEHICLE NETWORK.
   § 1296. REGISTRATION AND TITLE. 1. A FULLY AUTONOMOUS VEHICLE SHALL BE
 PROPERLY REGISTERED IN ACCORDANCE WITH ARTICLE FOUR OF THIS CHAPTER  AND
 THE  VEHICLE  SHALL  BE IDENTIFIED ON THE REGISTRATION AS A FULLY AUTON-
 OMOUS VEHICLE.
   2. A FULLY AUTONOMOUS VEHICLE SHALL BE PROPERLY TITLED  IN  ACCORDANCE
 WITH  ARTICLE FORTY-SIX OF THIS CHAPTER AND THE VEHICLE SHALL BE IDENTI-
 FIED ON THE TITLE AS A FULLY AUTONOMOUS VEHICLE.
   § 1297. CONTROLLING AUTHORITY. NOTWITHSTANDING ANY LAW, RULE OR  REGU-
 LATION TO THE CONTRARY:
   1.  UNLESS  OTHERWISE PROVIDED IN THIS CHAPTER AND NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, FULLY AUTONOMOUS VEHICLES AND AUTOMATED  DRIVING
 SYSTEMS  ARE GOVERNED EXCLUSIVELY BY THIS ARTICLE. THE DEPARTMENT IS THE
 A. 9705                             4
 
 SOLE AND EXCLUSIVE STATE AGENCY THAT MAY  IMPLEMENT  THE  PROVISIONS  OF
 THIS ARTICLE;
   2.  FULLY  AUTONOMOUS VEHICLES AND AUTOMATED DRIVING SYSTEMS OPERATING
 PURSUANT TO THIS ARTICLE SHALL NOT BE SUBJECT TO SECTION TWELVE  HUNDRED
 TWENTY-SIX OF THIS CHAPTER; AND
   3.  NO  STATE  AGENCY,  POLITICAL  SUBDIVISION, MUNICIPALITY, OR LOCAL
 ENTITY MAY PROHIBIT THE OPERATION OF FULLY  AUTONOMOUS  VEHICLES,  AUTO-
 MATED  DRIVING  SYSTEMS,  OR  ON-DEMAND  AUTONOMOUS VEHICLE NETWORKS, OR
 OTHERWISE ENACT OR KEEP IN FORCE RULES OR ORDINANCES THAT  WOULD  IMPOSE
 TAXES,  FEES,  OR  OTHER  REQUIREMENTS  INCLUDING PERFORMANCE STANDARDS,
 SPECIFIC TO THE OPERATION OF FULLY AUTONOMOUS VEHICLES, AUTOMATED  DRIV-
 ING SYSTEMS, OR ON-DEMAND AUTONOMOUS VEHICLE NETWORKS IN ADDITION TO THE
 REQUIREMENTS OF THIS ARTICLE.
   §  1298. OPERATION OF A MOTOR VEHICLE WITH AN AUTOMATED DRIVING SYSTEM
 BY A HUMAN DRIVER.  1. A PERSON MAY OPERATE  A  MOTOR  VEHICLE  EQUIPPED
 WITH AN AUTOMATED DRIVING SYSTEM CAPABLE OF PERFORMING THE ENTIRE DYNAM-
 IC DRIVING TASK IF:
   (A)  SUCH  AUTOMATED  DRIVING SYSTEM WILL ISSUE A REQUEST TO INTERVENE
 WHENEVER THE AUTOMATED DRIVING SYSTEM IS NOT CAPABLE OF  PERFORMING  THE
 ENTIRE  DYNAMIC  DRIVING  TASK WITH THE EXPECTATION THAT THE PERSON WILL
 RESPOND APPROPRIATELY TO SUCH A REQUEST; AND
   (B) THE AUTOMATED DRIVING SYSTEM  IS  CAPABLE  OF  BEING  OPERATED  IN
 COMPLIANCE  WITH  TITLE  SEVEN  OF THIS CHAPTER WHEN REASONABLE TO DO SO
 UNLESS AN EXEMPTION HAS BEEN GRANTED BY THE DEPARTMENT.
   2. NOTHING IN THIS ARTICLE PROHIBITS OR RESTRICTS A HUMAN DRIVER  FROM
 OPERATING  A  FULLY AUTONOMOUS VEHICLE EQUIPPED WITH CONTROLS THAT ALLOW
 FOR THE HUMAN DRIVER TO CONTROL ALL OR PART OF THE DYNAMIC DRIVING TASK.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 383-a to read as follows:
   §  383-A.  EQUIPMENT REQUIRED FOR CERTAIN AUTOMATED MOTOR VEHICLES. 1.
 FOR PURPOSES OF THIS SECTION,  THE  TERMS  "FULLY  AUTONOMOUS  VEHICLE,"
 "AUTOMATED DRIVING SYSTEM," AND "HUMAN DRIVER" SHALL HAVE THE SAME MEAN-
 INGS AS DEFINED IN SECTION TWELVE HUNDRED NINETY OF THIS CHAPTER.
   2.  A  FULLY  AUTONOMOUS  VEHICLE  WHICH  IS DESIGNATED TO BE OPERATED
 EXCLUSIVELY BY THE AUTOMATED DRIVING SYSTEM FOR ALL TRIPS IS NOT SUBJECT
 TO MOTOR VEHICLE EQUIPMENT LAWS OR REGULATIONS OF THIS STATE  WHICH  (A)
 RELATE  TO OR SUPPORT MOTOR VEHICLE OPERATION BY A HUMAN DRIVER; AND (B)
 ARE NOT RELEVANT FOR AN AUTOMATED DRIVING SYSTEM.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 301-c to read as follows:
   §  301-C.  INSPECTION  CRITERIA FOR FULLY AUTONOMOUS VEHICLES. SECTION
 THREE HUNDRED ONE OF THIS ARTICLE AND ANY REGULATIONS PROMULGATED BY THE
 COMMISSIONER THEREWITH SHALL ONLY APPLY TO A FULLY AUTONOMOUS VEHICLE IN
 A MANNER CONSISTENT WITH THE PROVISIONS OF SECTION THREE HUNDRED  EIGHT-
 Y-THREE-A OF THIS TITLE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.