autonomous vehicles; safety; data

SB1417 - 572R - I Ver

REFERENCE TITLE:
autonomous vehicles; safety; data

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1417

Introduced by

Senator
Bolick

AN
ACT

Amending sections 28-9701, 28-9702,
28-9703, 28-9707 and 28-9708, Arizona Revised Statutes; Amending title 28,
chapter 32, article 1, Arizona Revised Statutes, by adding sections 28-9709,
28-9710, 28-9711 and 28-9712; relating to autonomous vehicles.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-9701, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-9701.

Definitions

In this chapter, unless the context otherwise requires:

1. "Distinct roadway
participant" means a vehicle type, including a motorcycle, whose size,
acceleration, lane position or visibility profile materially differs from a
passenger motor vehicle and that requires specialized automated driving system
detection and response.

2. "Fallback-ready user"
means a human driver who is physically present in an autonomous vehicle and who
is capable of assuming manual control when presented with a request to
intervene from the automated driving system.

3. "Near-miss event" means
an incident involving an autonomous vehicle during in which a collision was
narrowly avoided as identified by a post-encroachment time of less than
two seconds or hard braking to avoid impact with a vulnerable road user or
distinct roadway participant.

1.

4.
"On-demand
autonomous vehicle network" means a passenger transportation network that
uses a digital network or software application to connect passengers to fully
autonomous vehicles for transportation, exclusively or in addition to other
vehicles, including transportation for hire and transportation for
compensation.

2.

5.
"Request
to intervene" means a notification by an automated driving system to a
human driver

fallback-ready user

that the human driver should promptly begin or resume performance of part or
all of the dynamic driving task.

6. "Vulnerable road user"
means any person who is using the roadway and not in a motor vehicle, including
a pedestrian or bicyclist.
END_STATUTE

Sec. 2. Section 28-9702, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-9702.

Operation of autonomous vehicles; quarterly report

A. Except as otherwise provided in this chapter, the
operation of autonomous vehicles with or without a human driver is subject to
all applicable federal and state laws.

B. A person may operate an autonomous vehicle with
the automated driving system engaged on public roads in this state
only:

1.
With a licensed human
driver who is able to resume part or all of the dynamic driving task or respond
to a request to intervene, if any.

2. after approval by the department
of the autonomous vehicle's operational design domain and service area,
including detailed scenario validation data that address detection and
interaction with vulnerable road users and distinct roadway participants.

C. A fully autonomous
vehicle may operate on public roads without a human driver only if a person
submits
both
all of the following
:

1. A law enforcement
interaction plan to the department of transportation and the department of
public safety that is consistent with and addresses all of the elements in the
law enforcement protocol that was issued by the department of public safety on
May 14, 2018, before beginning the operation or if the operation has already
begun, within sixty days after September 29, 2021.

2. A written statement to the department of
transportation
acknowledging
that
ACKNOWLEDGES
all of the following:

(a) When required by federal law, the fully
autonomous vehicle is equipped with an automated driving system that is in
compliance with all applicable federal laws and federal motor vehicle safety
standards
, including SAE J3016 and 49 code of federal
regulations part 571,
and bears the required certification labels
including reference to any exemption granted by the national highway traffic
safety administration under applicable federal law.

(b) 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
pursuant
to section 28-9709, including the ability to safely stop or disengage
,
the fully autonomous vehicle will achieve a minimal risk condition.

(c) The fully autonomous vehicle is capable of
complying with all applicable traffic and motor vehicle safety laws of this
state and
that
the person who submits the written
statement for the fully autonomous vehicle may be issued a traffic citation or
other applicable penalty if the vehicle fails to comply with traffic or motor
vehicle laws.

(d) The fully autonomous vehicle meets all
applicable certificate of title, registration, licensing and insurance
requirements of this title.

(
e
) The fully
autonomous vehicle bears a manufacturer or operator identifier issued by the
department pursuant to section 28-9709.

3. Valid proof of an active liability
insurance policy or proof of financial responsibility in an amount not less
than $5,000,000 per occurrence.

4. notification of any software or
mapping update that materially changes operational behavior of the autonomous
vehicle within ten days of any update. The manufacturer or operator
shall provide an updated written statement as required pursuant to paragraph 2
of this subsection that the autonomous vehicle remains compliant with safety
standards.

5. to both the department of
transportation and the department of public safety A quarterly safety
performance report that must include:

(
a
) The total
number of miles driven by the fully autonomous vehicle in this state.

(
b
) The number
and type of collisions, including any collisions involving vulnerable road
users and distinct roadway participants.

(
c
) The number
of near-miss events.

(
d
) Any
software or map updates affecting detection algorithms and boundary logic.

D. If a person fails to submit a law enforcement
interaction plan or statement prescribed by subsection C of this section, the
department may immediately issue a cease and desist letter prohibiting the
operation of a fully autonomous vehicle on public roads of this state until the
person submits the law enforcement interaction plan
and
or
statement.

E. When engaged, the
manufacturer or
operator that is designated in the department's registry of the
automated
driving system is considered the driver or operator of the autonomous vehicle
for the purpose of assessing compliance with applicable traffic or motor
vehicle laws and is both:

1. Deemed to satisfy electronically all physical
acts required by a driver or operator of the vehicle.

2. Exempt from the requirements of chapter 8 of this
title.

F. Notwithstanding any other law, a licensed human
driver is not required to operate a fully autonomous vehicle that is operated
in compliance with this chapter.

G. This chapter does not prohibit or restrict a
licensed human driver from driving a fully autonomous vehicle equipped with
controls that allow for the human driver to control all or part of the dynamic
driving task.
END_STATUTE

Sec. 3. Section 28-9703, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-9703.

Department of public safety; law enforcement protocols; law
enforcement interaction plan; rules

a.
The department of public
safety, in coordination with other relevant law enforcement agencies
and the department of transportation
, shall maintain a law
enforcement protocol for fully autonomous vehicles.� The protocol shall include
guidelines for persons who operate fully autonomous vehicles to provide
information to law enforcement agencies and other first responders on how to interact
with fully autonomous vehicles in emergency and traffic enforcement situations,
including how to provide contact information for insurance and citation
purposes and any other information needed to ensure the safe operation of fully
autonomous vehicles in this state. The department of public safety
may issue a revised law enforcement protocol after providing advance notice to
and an opportunity for comment from persons that have submitted statements
pursuant to section 28-9702, subsection C, paragraph 2.

b. The department of transportation,
in consultation with the department of public safety, shall adopt rules
necessary to implement this article. Rules adopted pursuant to this
section must:

1. Define required safety data
reporting formats.

2. Specify the structure for
independent third-party performance audits.

3. Establish standards for fully
autonomous fleet identification and emergency responder access.

c. The department of transportation
shall enter into a memorandum of understanding with the department of public
safety regarding enforcement of this article, collision investigations and
public data reporting requirements.
END_STATUTE

Sec. 4. Section 28-9707, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-9707.

Traffic or motor vehicle laws; autonomous vehicles

a.
Except as otherwise
provided by this chapter, a traffic or motor vehicle law of this state may not
prohibit the operation of an autonomous vehicle or require a human driver to
operate a fully autonomous vehicle with the automated driving system engaged, if
the fully autonomous vehicle is operated in compliance with this chapter.

b. Notwithstanding subsection A of
this section, a city or town may regulate AUTONOMOUS vehicle staging areas and
parking zones and construction detours affecting autonomous vehicles.

c. The department shall issue
guidance to cities and towns for integrating autonomous vehicle operations with
municipal traffic control and emergency response plans.

END_STATUTE

Sec. 5. Section 28-9708, Arizona Revised
Statutes, is amended to read:

START_STATUTE
28-9708.

Enforcement; violation; civil penalty

A. Except as provided in section 28-9702 and
subsection G of this section, this section provides the exclusive means by
which the department may:

1. Suspend, revoke or cancel the registration of an
autonomous vehicle for reasons related to safety.

2. Otherwise restrict the operation of an autonomous
vehicle for reasons related to safety.

B. If the department has information, data or other
evidence indicating that an autonomous vehicle is likely not in safe mechanical
condition and likely to endanger persons on the highway, the department may
issue a request for relevant information to the owner and the person who
submitted the statement required by section 28-9702 for the autonomous
vehicle.

C. The owner or the person who submitted the
statement required by
section
28-9702 shall respond
to a request for information submitted under subsection B of this section
within a reasonable time specified by the department.� The response may be in
the form of documents, a meeting with the department, a demonstration or any
other reasonable form or combination of forms.

D. After considering and evaluating all responses
provided pursuant to subsections B and C of this section, if the department
determines based on data, information or other evidence that an autonomous
vehicle is not in safe mechanical condition and endangers persons on the
highway, the department may send the vehicle owner and the person who submitted
the statement required by section 28-9702 for the autonomous vehicle a
notice of intent to suspend the registration or impose restrictions on the
operation of the autonomous vehicle.� The notice shall include:

1. A description of the department's reasons and
evidence supporting the determination.

2. A statement that a certification of correction or
adjustment shall be submitted within a specified time and that the
certification shall include an explanation of how the issues identified by the
department in the notice have been addressed, such as identifying adjustments
made to the automated driving system or operational measures implemented.

E. If the owner or person who submitted the
statement required by section 28-9702 for the autonomous vehicle that is
the subject of a notice of intent to suspend or restrict operation fails to
submit the certification required by subsection D of this section within the
time specified or the department finds that the certification is not true and
accurate, the department shall notify the person and owner that the
registration for that autonomous vehicle has been suspended or restricted as
specified in the notice. If the person or owner later submits the
required certification, the department shall remove the suspension or
restriction on receipt of the certification.
If the
department finds that the certification was intentionally falsified or an
intentional obstruction of an investigation occurred, the department shall
refer a violation OF this subsection to the department of public safety for
criminal investigation.

F. A person who disputes the department's finding
may request a hearing within ten days after the date of the notice of intent to
suspend or restrict operation issued under subsection D of this
section. A hearing requested under this subsection shall be held not
more than sixty days after the submission of a request for a
hearing. A decision to uphold the determination of the department is
subject to judicial review pursuant to title 12, chapter 7, article 6.

G. This section does not apply to a vehicle that is
subject to chapter 14 of this title and does not affect the applicability or
enforcement of chapter 14 of this title or federal laws applicable to
commercial motor vehicles as defined in
section
28-5201.

h. A manufacturer or operator that
violates this article or any rule adopted pursuant to this article is subject
to a civil penalty of not more than $25,000 per violation. Each day
a violation occurs shall constitute a separate violation.� the department shall
deposit, PURSUANT to sections 35-146 and 35-147, civil penalty in the
autonomous vehicle safety fund established by section 28-9712.
END_STATUTE

Sec. 6. Title 28, chapter 32, article 1,
Arizona Revised Statutes, is amended by adding sections 28-9709, 28-9710,
28-9711 and 28-9712, to read:

START_STATUTE
28-9709.

Operational design domains; service areas; requirements;
manufacturer or operator identifier

A. a person shall submit for approval
by the department Operational design domains and service areas for each INITIAL
submission and for each material change, including software updates, and must
include all of the following:

1. Maps showing proposed GEOGRAPHIC
operating areas.

2. Maximum speed capabilities within
each geographic area.

3. Weather tolerances that can impact
safe operations, including dust storms, rain and bright sunlight.

4. TRAFFIC density limits or lane
restrictions and shALL INCLUDE Allowances for lane filtering motorcycles, bike
lanes and traffic control devices.

5. System behavior FOR UNPROTECTED
left turns, AT four-way stops and AT signaled INTERSECTIONS.

6. Emergency fallback CAPAbilities.

B. The department shall evaluate and
APPROVE operational design domains and service areas using the following
criteria:

1. Identification of roadway
classifications that the autonomous vehicle or fully autonomous vehicle can
operate in.

2. SPECIFICATION of ENVIRONMENTAL
limitations for the AUTONOMOUS vehicle

or
fully autonomous vehicle, including PRECIPITATION, lighting, temperature and
visibility.

3. Description of disengagement
THRESHOLDS and fallback behaviors.

4. Disclosure of GEOGRAPHIC
boundaries of intended OPERATION.

5. Documentation of OPERATIONAL
restrictions relating to school zones, construction areas and vulnerable road
users and distinct roadway participants.

C. a person may alter service areas
with a formal submission pursuant to subsection A of this section and on
approval by the department of the new service area.

D. on approval of the operational
design domains and service areas, the department shall issue a manufacturer or
operator identifier. The form and size of the Manufacturer or
operator identifier shall be prescribed by the department in
rule. The Manufacturer or operator identifier shall be placed on the
AUTONOMOUS vehicle or fully autonomous vehicle in a CLEARLY visible position as
prescribed by the department in rule.
END_STATUTE

START_STATUTE
28-9710.

Data retention and access

A. Each
autonomous vehicle and fully AUTONOMOUS vehicle operating in this state shall
continuously record operational data sufficient to reconstruct events that
occur not more than thirty seconds before and after a collision or near-miss
event occurs.

b. Operational data required pursuant
to this section shall be stored in a secure, tamper-resistant system and
retained for not less than twelve months after the OCCURRENCE of a collision or
for the duration of any investigation or litigation, whichever is longer.

c. on request, a manufacturer or
operator shall provide the department of public safety and the department of
transportation, or any other authorized agencies, with access to the automatic
driving system's collision data records and mapping versions and to other
relevant logs.

d. Data collected pursuant to this
section is confidential and may be disclosed only to:

1. law enforcement agencies for
investigations into any collisions involving autonomous vehicles or fully
autonomous vehicles.

2. Courts of competent jurisdiction
pursuant to a duly issued subpoena.

3. The department for regulatory
compliance review.

E. this section does not limit a
party's right to obtain automated driving system data through lawful discovery
procedures for a civil or criminal proceeding.
END_STATUTE

START_STATUTE
28-9711.

Vulnerable road users and distinct roadway participants;
performance tests; rules

A. each fully autonomous vehicle
operating without a human driver shall demonstrate compliance with
department-certified performance tests for interactions with vulnerable road
users and distinct roadway participants, including:

1. Motorcycle detection and
classification under lowlight and occlusion conditions.

2. Prediction and response to
oncoming motorcycles during an unprotected left turn.

3. Overtaking and lane sharing
behavior when encountering bicycles.

4. pedestrian detection at
crosswalks, alleys and driveways.

b. The department shall establish by
rule the test procedures and validation criteria for the performance tests
required pursuant to subsection A of this section. test procedures
and validation criteria shall use standardized surrogate safety measures,
including post-encroachment times, time to collision and hard-braking
frequency.

C. a person may not expand a fully
autonomous vehicle service area in this state unless the person completes and
publishes vulnerability-specific scenarios validation results that are
reviewed by an independent third-party safety assessor that is recognized by
the department
.
END_STATUTE

START_STATUTE
28-9712.

Autonomous vehicle safety fund; use of fund monies

A. The autonomous vehicle safety fund
is established consisting of civil penalties collected pursuant to section 28-9708
and legislative appropriations. The department shall administer the
fund. Monies in the fund are subject to LEGISLATIVE appropriation.

B. The department shall use the
monies in the fund to:

1. Administer safety testing and
reporting programs.

2. Conduct independent audits of
autonomous vehicle performance data. The INDEPENDENT audits required
by this paragraph shall be conducted annually or on significant deviation from
operational design parameters and include:

(
a
) Collision
history and autonomous vehicle behavior immediately PRECEDING a collision.

(
b
) System
disengagement logs.

(
c
) Geographic
routing data to verify compliance with operational design domain boundaries.

(
d
) Speed and
acceleration metrics.

(
e
) System
DIAGNOSTIC data indicating SENSOR failures or computational errors.

(
f
) Human
takeover requests and fall-back user events, if applicable.

(
g
) Performance
data collected during unusual ENVIRONMENTAL CONDITIONS and weather events.

3. Support public education on
autonomous vehicle safety for riders and pedestrians.

4. Provide grants to law enforcement
officers and first responders for autonomous vehicle training and equipment.
END_STATUTE

Sec. 7.
Effective date

This act is effective from and after
December 31, 2026.

Sec. 8.
Severability

If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision of application, and to this end the provisions of
this act are severable.