Bill Summary for H 469 (2017-2018)

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Summary date: 

Jun 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 469 (Public) Filed Thursday, March 23, 2017
AN ACT TO REGULATE THE OPERATION OF FULLY AUTONOMOUS MOTOR VEHICLES ON THE PUBLIC HIGHWAYS OF THIS STATE.
Intro. by Shepard, Torbett.

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Bill summary

Senate committee substitute makes the following changes to the 2nd edition.

Deletes the proposed changes to GS 20-4.01(25), GS 20-8, GS 20-49(4), GS 20-57, GS 20-135.2A(c), GS 20-135.2B(a), GS 20-137.1, GS 20-163, GS 20-166, and GS 20-166.1.

Changes the Article number of the proposed new Article 17, Regulation of Fully Autonomous Vehicles, to Article 18 of GS Chapter 20. Changes the numbering of the statutes in the proposed Article. 

Modifies and adds to the definitions set forth that apply to the Article in new GS 20-400 (was, GS 20-399). Now defines automated driving system as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether they are operating within a limited or unlimited operational design domain (was, regardless of whether they are limited to a specific operational design domain). Now defines dynamic driving task to mean all of the real-time operational and tactical control functions required to operate a motor vehicle in motion or which has the engine running (was, and tactical control functions required to operate a vehicle in on-road traffic, excluding strategic functions such as trip scheduling and the selection of destinations and waypoints), such as the previously specified examples. Now defines fully autonomous vehicle to mean a motor vehicle equipped with an automated driving system that will not at any time require an occupant to perform any portion of the dynamic driving task when the automated driving system is engaged. Adds that if equipment that allows an occupant to perform any portion of the dynamic driving task is installed, it must be stowed or made unusable in a manner that an occupant cannot assume control of the vehicle when the automated driving system is engaged (substantively similar to the previous definition). Now defines minimal risk condition to mean an operating mode in which a fully autonomous vehicle with the automated driving system engaged achieves a reasonably safe state, bringing the vehicle to a complete stop, upon experiencing a failure of the automatic driving system that renders the vehicle unable to perform any portion of the dynamic driving task (was, a low-risk operating mode in which a fully autonomous vehicle operating without a human driver achieves a reasonably safe state, such as bringing the vehicle to a complete stop, upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task). Deletes the term semi-autonomous vehicle. Adds three new defined terms: operator, operational design domain, and strategic driving functions

Modifies and adds to new GS 20-401 (was, GS 20-400), Regulation of fully autonomous vehicles. Makes organizational changes. Adds seven new subsections. Establishes that the operator of a fully autonomous vehicle with the automated driving system engaged in not required to be licensed to operate a motor vehicle. Provides that for a fully autonomous vehicle, the provisions of GS 20-49(4) and GS 20-57(c) are satisfied if the vehicle registration card is in the vehicle, physically or electronically, and readily available to be inspected by an officer or inspector. Establishes that the parent or legal guardian of a minor is responsible for a violation of GS 20-135.2B, the prohibition on children in an open bed of a pickup, or GS 20-137.1, the child restraint law, if the violation occurs in a fully autonomous vehicle. Sets the minimum age for unsupervised minors in fully autonomous vehicles at 12 years old. Provides that a person in whose name the fully autonomous vehicle is registered is responsible for a moving violation if the violation involves a fully autonomous vehicle. Clarifies that a vehicle cannot be considered unattended pursuant to GS 20-163 or any other provision of GS Chapter 20 merely because it is a fully autonomous vehicle with the automated driving system engaged. Sets forth four conditions that if met when a fully autonomous vehicle is involved in a crash, then the provisions of subsections (a) through (c2) and subsection (e) of GS 20-166, and subsections (a) and (c) of GS 20-166.1 must be considered satisfied and no violation of those provisions can be charged. The conditions include the vehicle or operator promptly contacting the appropriate law enforcement agency and promptly calling for medical assistance if appropriate, and specific criteria for the vehicle remaining at the scene until vehicle registration and insurance information is provided to the parties affected depending on whether the crash is reportable or non-reportable. 

Modifies previous subsection (a), now subsection (g), to provide that a person can operate a fully autonomous vehicle if the vehicle meets the specified requirements. Modifies those five requirements as follows. Makes organizational changes to the first requirement, and adds that the vehicle must comply with applicable federal law. Also adds compliance with Article 11 of GS Chapter 20 to the requirement. Further, specifies entities by whom the vehicle can be certified as being in compliance with applicable federal motor vehicle safety standards. Changes the second requirement to require the vehicle to have the capability to meet the requirements of subsection (f) of the statute (concerning the duty to stop in the event of a crash; previously, required to meet the requirements of GS 20-166(c3) and GS 20-166.1(c1)). Changes the fifth requirement to require that if the vehicle is registered in this State, the vehicle must be identified on the registration and registration card (previously, did not include registration card) as a fully autonomous vehicle.  Modifies previous subsection (b), now subsection (h), to expressly preempt local governments from enacting any law or ordinance related to the regulation or operation of fully autonomous vehicles or vehicles equipped with an automated driving system (previously, did not include fully autonomous vehicles), other than regulation specifically authorized in GS Chapter 153A and GS Chapter 160A that is not specifically related to those types of motor vehicles (was, except for vehicle-related regulation specifically authorized in those statutes).

Deletes the language of new GS 20-402 (was, GS 20-401) concerning vehicles other than fully autonomous vehicles, and instead expressly provides that operation of a motor vehicle equipped with an automated driving system capable of performing the entire dynamic driving task with the expectation that a human operator will respond appropriately to a request to intervene is lawful under the Chapter, and subject to the provisions of the Chapter. Defines a request to intervene to mean notification by a vehicle to the human operator that the operator should promptly begin or resume performance of part or all of the dynamic driving task.