S T A T E O F N E W Y O R K
________________________________________________________________________
8468
I N S E N A T E
March 4, 2022
___________
Introduced by Sen. COONEY -- 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 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
S. 8468 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
S. 8468 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
S. 8468 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.