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29
41-26-102.1
41-26-104
63I-1-278
78B-4-901
78B-4-902
78B-4-903
78B-4-904
78B-6-702
78B-6-703
78B-6-708
0
Autonomous Systems Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill amends and enacts provisions related to product liability for automated driving
systems.
Highlighted Provisions:
This bill:
amends and enacts definitions related to automated driving systems and product liability;
imposes a statutory limit on awards of noneconomic loss in product liability cases related
to automated driving systems;
amends provisions related to product defects and liability related to automated driving
systems and reasonably alternative technologies available at the time of manufacture;
creates an affirmative defense against product liability if certain state-of-the-art
technology standards are met;
limits liability of certain automated driving system manufacturers and developers to
certain types of claims;
requires a sunset review of provisions related to liability of automated driving systems
and vehicles; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-26-102.1
, as last amended by Laws of Utah 2022, Chapter 134
41-26-104
, as enacted by Laws of Utah 2019, Chapter 459
63I-1-278
, as last amended by Laws of Utah 2025, Chapter 26
78B-6-702
, as enacted by Laws of Utah 2008, Chapter 3
78B-6-703
, as renumbered and amended by Laws of Utah 2008, Chapter 3
ENACTS:
78B-4-901
, Utah Code Annotated 1953
78B-4-902
, Utah Code Annotated 1953
78B-4-903
, Utah Code Annotated 1953
78B-4-904
, Utah Code Annotated 1953
78B-6-708
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
41-26-102.1
is amended to read:
41-26-102.1
. Definitions.
As used in this chapter:
(1)
"ADS-dedicated vehicle" means a vehicle
:
(a)
designed to be operated exclusively by a level four
ADS
or
level
five ADS for all
trips within the given operational design domain limitations of the ADS, if any
.
; and
(b)
that conforms to all applicable U.S. federal motor vehicle safety, bumper, and theft
prevention standards in effect on the date of the vehicle's manufacture, unless an
exemption has been granted under applicable federal law.
(2)
"ADS-equipped vehicle" means a vehicle with a level three, level four, or level five
ADS that is designed for:
(a)
complete trips in driverless operation under routine or normal operating conditions
within the vehicle's operational design domain; or
(b)
operation by an in-vehicle driver.
(2)
(3)
(a)
"Automated driving system" or "ADS" means the hardware and software that
are
:
(i)
collectively capable of performing the entire dynamic driving task on a sustained
basis, regardless of whether the ADS is limited to a specific operational design
domain, if any
.
; and
(ii)
conforming to all applicable U.S. federal motor vehicle safety, bumper, and theft
prevention standards in effect on the date of the vehicle's manufacture.
(b)
"Automated driving system" or "ADS" is used specifically to describe a level three,
four, or five driving automation system.
(3)
(4)
"Commission" means the State Tax Commission as defined in Section
59-1-101
.
(4)
(5)
"Conventional driver" means a human driver who is onboard the motor vehicle and
manually performs some or all of the following actions in order to operate a vehicle:
(a)
braking;
(b)
accelerating;
(c)
steering; and
(d)
transmission gear selection input devices.
(5)
(6)
(a)
"Dispatch" means to place an ADS-equipped vehicle into service in driverless
operation by engaging the ADS.
(b)
"Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor
vehicles in driverless operation that may complete multiple trips involving pick-up
and drop-off of passengers or goods throughout a day or other pre-defined periods of
service, and which may involve multiple agents performing various tasks related to
the dispatch function.
(6)
(7)
"Division" means the Motor Vehicle Division of the commission, created in
Section
41-1a-106
.
(7)
(8)
"Driverless operation" means the operation of an ADS-equipped vehicle in which:
(a)
no on-board user is present; or
(b)
no on-board user is a human driver with a valid driver license or fallback-ready user.
(8)
(9)
"Driverless operation dispatcher" means a user who dispatches an ADS-equipped
vehicle in driverless operation.
(9)
(10)
"Driving automation system" means the hardware and software collectively
capable of performing part or all of the dynamic driving task on a sustained basis.
(10)
(11)
"Driving automation system feature" means a specific function of a driving
automation system.
(11)
(12)
(a)
"Dynamic driving task" means all of the real-time operational and tactical
functions required to operate a motor vehicle in on-road traffic, including:
(i)
lateral vehicle motion control through steering;
(ii)
longitudinal motion control through acceleration and deceleration;
(iii)
monitoring the driving environment through object and event detection,
recognition, classification, and response preparation;
(iv)
object and event response execution;
(v)
maneuver planning; and
(vi)
enhancing conspicuity with lighting, signaling, and gesturing.
(b)
"Dynamic driving task" does not include strategic functions such as trip scheduling
and selection of destinations and waypoints.
(12)
(13)
"Engage" as it pertains to the operation of a vehicle by a driving automation
system means to cause a driving automation system feature to perform part or all of the
dynamic driving task on a sustained basis.
(13)
(14)
"External event" is a situation in the driving environment that necessitates a
response by a human driver with a valid driver license or driving automation system.
(14)
(15)
"Fallback-ready user" means the user of a vehicle equipped with an engaged
level three ADS who is:
(a)
a human driver with a valid driver license; and
(b)
ready to operate the vehicle if:
(i)
a system failure occurs; or
(ii)
the ADS issues a request to intervene.
(15)
(16)
(a)
"Human driver" means a natural person who performs in real-time all or
part of the dynamic driving task.
(b)
"Human driver" includes a:
(i)
conventional driver; and
(ii)
remote driver.
(16)
"Level five automated driving system" or "level five ADS" means an ADS feature
that has the capability to perform on a sustained basis the entire dynamic driving task
under all conditions that can reasonably be managed by a human driver, as well as any
maneuvers necessary to respond to a system failure, without any expectation that a
human user will respond to a request to intervene.
(17)
"Level four automated driving system" or "level four ADS" means an ADS feature
that, without any expectation that a human user will respond to a request to intervene,
has:
(a)
the capability to perform on a sustained basis the entire dynamic driving task within
its operational design domain; and
(b)
the capability to perform any maneuvers necessary to achieve a minimal risk
condition in response to:
(i)
an exit from the operational design domain of the ADS; or
(ii)
a system failure.
(18)
"Level three automated driving system" or "level three ADS" means an ADS feature
that:
(a)
has the capability to perform on a sustained basis the entire dynamic driving task
within its operational design domain; and
(b)
requires a fallback-ready user to operate the vehicle after receiving a request to
intervene or in response to a system failure.
(17)
"Level five ADS" means a level five automated driving system as defined in SAE
International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
adopted by the National Highway Traffic Safety Administration.
(18)
"Level four ADS" means a level four automated driving system as defined in SAE
International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
adopted by the National Highway Traffic Safety Administration.
(19)
"Level three ADS" means a level three automated driving system as defined in SAE
International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
adopted by the National Highway Traffic Safety Administration.
(20)
"Level two DAS" means a level two driving automation system as defined in SAE
International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
adopted by the National Highway Traffic Safety Administration.
(19)
(21)
"Minimal risk condition" means a condition to which a user or an ADS may
bring a motor vehicle in order to reduce the risk of a crash when a given trip cannot or
should not be completed.
(20)
(22)
"Object and event detection and response" means the subtasks of the dynamic
driving task that include:
(a)
monitoring the driving environment; and
(b)
executing an appropriate response in order to perform the dynamic driving task.
(21)
(23)
"On-demand autonomous vehicle network" means a transportation service
network that uses a software application or other digital means to dispatch or otherwise
enable the prearrangement of transportation with motor vehicles that have a level four or
five ADS in driverless operation for purposes of transporting persons, including for-hire
transportation and transportation for compensation.
(22)
(24)
"Operate" means the same as that term is defined in Section
41-1a-102
.
(23)
(25)
"Operational design domain" means the operating conditions under which a
given ADS or feature thereof is specifically designed to function, including:
(a)
speed range, environmental, geographical, and time-of-day restrictions; or
(b)
the requisite presence or absence of certain traffic or roadway characteristics.
(24)
(26)
"Operator" means the same as that term is defined in Section
41-6a-102
.
(25)
(27)
"Passenger" means a user on board a vehicle who has no role in the operation of
that vehicle.
(26)
(28)
"Person" means the same as that term is defined in Section
41-6a-102
.
(27)
(29)
"Remote driver" means a human driver with a valid driver license who is not
located in a position to manually exercise in-vehicle braking, accelerating, steering, or
transmission gear selection input devices, but operates the vehicle.
(28)
(30)
"Request to intervene" means the notification by an ADS to a fallback-ready user
indicating that the fallback-ready user should promptly begin or resume operation of the
vehicle.
(29)
(31)
"Sustained operation of a motor vehicle" means the performance of part or all of
the dynamic driving task both between and across external events, including response to
external events and continued performance of part or all of the dynamic driving task in
the absence of external events.
(30)
(32)
"System failure" means a malfunction in a driving automation system or other
vehicle system that prevents the ADS from reliably performing the portion of the
dynamic driving task on a sustained basis, including the complete dynamic driving task
,
that the ADS would otherwise perform
.
(31)
(33)
"User" means a:
(a)
human driver;
(b)
passenger;
(c)
fallback-ready user; or
(d)
driverless operation dispatcher.
Section 2. Section
41-26-104
is amended to read:
41-26-104
. Licensing -- Responsibility for compliant operation of ADS-equipped
vehicles.
For the purpose of assessing compliance with applicable traffic or motor vehicle laws:
(1)
(a)
When an ADS is operating a motor vehicle, the ADS is the operator, and shall
satisfy electronically all physical acts required by a conventional driver in operation
of the vehicle.
(b)
The ADS is responsible for the compliant operation of the vehicle and is not required
to be licensed to operate the vehicle.
(2)
(a)
If a vehicle with an engaged level three ADS issues a request to intervene, the
ADS is responsible for the compliant operation of the vehicle until disengagement of
the ADS.
(b)
If a vehicle with an engaged level four or five ADS issues a request to intervene, the
ADS is responsible for the compliant operation of the vehicle until or unless a human
user begins to operate the vehicle.
(3)
The ADS is responsible for compliant operation of an
ADS-dedicated vehicle
ADS-equipped vehicle when the ADS is engaged
.
Section 3. Section
63I-1-278
is amended to read:
63I-1-278
. Repeal dates: Title 78A and Title 78B.
(1)
Subsection
78A-7-106(7)
, regarding the transfer of a criminal action involving a
domestic violence offense from the justice court to the district court, is repealed July 1,
2029.
(2)
Section
78B-3-421
, Arbitration agreements, is repealed July 1, 2029.
(3)
Section
78B-4-518
, Limitation on liability of employer for an employee convicted of an
offense, is repealed July 1, 2029.
(4)
Title 78B, Chapter 4, Part 9, Limitations on Liability for Automated Driving
System-Equipped Vehicles, is repealed on July 1, 2030.
(4)
(5)
Title
78B, Chapter 6, Part 2
, Alternative Dispute Resolution Act, is repealed July 1,
2026.
(6)
In Section
78B-6-702
, the following definitions are repealed on July 1, 2030:
(a)
"ADS-equipped vehicle";
(b)
"Automated driving system"; and
(c)
"State of the art knowledge".
(7)
Subsections
78B-6-703(3)
and
(4)
, related to product defects for automated driving
systems, are repealed on July 1, 2030.
(8)
Section
78B-6-708
, related to state of the art affirmative defense against product
liability for an automated driving system, is repealed on July 1, 2030.
(5)
(9)
Section
78B-22-805
, Interdisciplinary Parental Representation Pilot Program, is
repealed December 31, 2026.
Section 4. Section
78B-4-901
is enacted to read:
9. Limitations on Liability for Automated Driving System-Equipped Vehicles.
78B-4-901
. Definitions.
As used in this part:
(1)
"ADS-dedicated vehicle" means the same as that term is defined in Section
41-26-102.1
.
(2)
"ADS-equipped vehicle" means the same as that term is defined in Section
41-26-102.1
.
(3)
"Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(4)
"Developer" means a person that designs, creates, or produces the software or
algorithms that constitute an automated driving system.
(5)
"Driverless operation" means the operation of a motor vehicle exclusively by a level
four or level five automated driving system.
(6)
"Dynamic driving task" means the same as that term is defined in Section
41-26-102.1
.
(7)
"Level five ADS" means the same as that term is defined in Section
41-26-102.1
.
(8)
"Level four ADS" means the same as that term is defined in Section
41-26-102.1
.
(9)
"Manufacturer" means a person that manufactures, assembles, or produces an
ADS-equipped vehicle or the hardware components of an automated driving system.
(10)
"Noneconomic loss" means nonpecuniary harm that results from an injury or loss to a
person or property, including:
(a)
pain and suffering;
(b)
loss of society, consortium, companionship, care, assistance, attention, protection,
advice, guidance, counsel, instruction, training, or education;
(c)
disfigurement;
(d)
mental anguish; or
(e)
other intangible loss.
(11)
"Operational design domain" means the same as that term is defined in Section
41-26-102.1
.
Section 5. Section
78B-4-902
is enacted to read:
78B-4-902
. Limitation of award of noneconomic losses related to an automated
driving system.
(1)
Subject to Subsections
(2)
,
(3)
, and (4), in an action relating to an ADS-equipped
vehicle or an ADS-dedicated vehicle, the amount of the award for noneconomic losses,
if any, may not exceed $1,000,000.
(2)
The limit described in Subsection
(1)
does not apply to a claim for wrongful death.
(3)
In an action relating to a level four ADS or level five ADS under this chapter, punitive
damages may not be awarded.
(4)
For a claim brought under Section
78B-4-903
, the recoverable amount may not exceed
the amount described in Subsection
78B-4-903(1)(c)
.
Section 6. Section
78B-4-903
is enacted to read:
78B-4-903
. Driverless operation liability.
(1)
(a)
This section applies only to an incident that occurred related to an ADS-dedicated
vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level
five ADS while the automated driving system is engaged and performing the entire
dynamic driving task.
(b)
This section does not apply to an incident that involves any driving assistance or task
not performed by the automated driving system.
(c)
Notwithstanding Section
78B-4-902
and any other provision of law, the total amount
recoverable by a plaintiff under this section, including all damages, costs, and fees,
may not exceed $100,000.
(d)
A prevailing plaintiff may recover compensatory damages available under this
section, subject to the limitation described in Subsection
(1)(c)
.
(e)
If a plaintiff recovers damages under this section, that recovery is the exclusive civil
remedy for injury or property damage arising out of the operation of a level four ADS
or level five ADS.
(2)
(a)
A person who suffers injury or property damage directly caused by an
ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level
four ADS or level five ADS while the automated driving system is engaged and
performing the entire dynamic driving task has a right of action under this section.
(b)
A person who suffers injury or property damage directly caused by an
ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level
four ADS or level five ADS while the automated driving system is engaged and
performing the entire dynamic driving task may bring an action against:
(i)
the registered owner of the ADS-equipped vehicle; or
(ii)
a person that dispatched the ADS-equipped vehicle into driverless operation,
including a driverless operation dispatcher or an on-demand autonomous vehicle
network.
(3)
A plaintiff establishes liability under this section by proving, by a preponderance of the
evidence, that:
(a)
the automated driving system was engaged at the time of the incident; and
(b)
the automated driving system was a proximate cause of the injury or property
damage.
(4)
Any liability established under this section may be mitigated in proportion to the degree
that the claimant's or a third party's negligence, recklessness, or breach of duty of care
contributed to the occurrence of the incident or the resulting harm.
(5)
A plaintiff bringing an action under this section is not required to prove negligence,
breach of duty, or product defect.
Section 7. Section
78B-4-904
is enacted to read:
78B-4-904
. Limitation of causes of action against manufacturers and developers
of automated driving systems.
(1)
A manufacturer or developer of a level four ADS or level five ADS is not subject to
liability under a theory of negligence for personal injury, death, or property damage
arising from the operation of an ADS-dedicated vehicle or an ADS-equipped vehicle
equipped with level four ADS or level five ADS while the automated driving system is
engaged.
(2)
A manufacturer or developer of a level four ADS or level five ADS may be held liable
for personal injury, death, or property damage arising from the operation of an
automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle
only under:
(a)
Section
78B-4-903
; or
(b)
Chapter 6, Part 7, Utah Product Liability Act, if the plaintiff establishes the elements
required under that part.
(3)
Nothing in this section affects:
(a)
the liability of any person or entity other than a manufacturer or developer of a level
four ADS or level five ADS; or
(b)
the application of comparative fault under Section
78B-5-818
to reduce a plaintiff's
recovery based on the plaintiff's own conduct.
(4)
For purposes of this section, a claim alleging that a manufacturer or developer of a level
four ADS or level five ADS was negligent in the design, development, testing,
manufacture, or deployment of the automated driving system is a product liability claim
subject to Chapter 6, Part 7, Utah Product Liability Act, and not a claim for ordinary
negligence.
Section 8. Section
78B-6-702
is amended to read:
78B-6-702
. Definitions.
As used in this part, "unreasonably dangerous" means that the product was
dangerous to an extent beyond which would be contemplated by the ordinary and prudent
buyer, consumer, or user of that product in that community considering the product's
characteristics, propensities, risks, dangers, and uses together with any actual knowledge,
training, or experience possessed by that particular buyer, user, or consumer.
As used in this part:
(1)
"ADS-equipped vehicle" means the same as that term is defined in Section
41-26-102.1
.
(2)
"Automated driving system" means the same as that term is defined in Section
41-26-102.1
.
(3)
"State of the art knowledge" means the technical, mechanical, and scientific knowledge
of manufacturing, designing, testing, or labeling the same or similar products that was in
existence and reasonably feasible for use at the time of manufacture.
(4)
"Unreasonably dangerous" means that the product was dangerous to an extent beyond
which would be contemplated by the ordinary and prudent buyer, consumer, or user of
that product in that community considering the product's characteristics, propensities,
risks, dangers, and uses together with any actual knowledge, training, or experience
possessed by that particular buyer, user, or consumer.
Section 9. Section
78B-6-703
is amended to read:
78B-6-703
. Defect or defective condition making product unreasonably
dangerous -- Rebuttable presumption.
(1)
In any action for damages for personal injury, death, or property damage allegedly
caused by a defect in a product
other than an ADS-dedicated vehicle or an
ADS-equipped vehicle described in Subsections
(3)
and
(4)
, a product may not be
considered to have a defect or to be in a defective condition, unless at the time the
product was sold by the manufacturer or other initial seller, there was a defect or
defective condition in the product which made the product unreasonably dangerous to
the user or consumer.
(2)
There is a rebuttable presumption that a product
described in Subsection
(1)
is free from
any defect or defective condition where the alleged defect in the plans or designs for the
product or the methods and techniques of manufacturing, inspecting and testing the
product were in conformity with government standards established for that industry
which were in existence at the time the plans or designs for the product or the methods
and techniques of manufacturing, inspecting and testing the product were adopted.
(3)
In any action for damages for personal injury, death, or property damage allegedly
caused by a defect in the automated driving system operation of a level four ADS or
level five ADS of an ADS-equipped vehicle or an ADS-dedicated vehicle, the
automated driving system may not be considered to have a defect or to be in a defective
condition, unless the plaintiff proves by a preponderance of the evidence that:
(a)
a reasonable and feasible alternative design existed at the time the level four ADS or
level five ADS was designed and manufactured; and
(b)
the use of the automated driving system, at scale and in the aggregate, causes more
injuries to persons than would be caused by humans performing a similar task, at
scale and in the aggregate, without an automated driving system.
(4)
There is a rebuttable presumption that a level four ADS or level five ADS is free from
any defect or defective condition if the automated driving system:
(a)
conforms to all applicable U.S. federal motor vehicle safety, bumper, and theft
prevention standards in effect on the date of the vehicle's manufacture; and
(b)
was authorized for use or operation in the state.
Section 10. Section
78B-6-708
is enacted to read:
78B-6-708
. State of the art affirmative defense against product liability for an
automated driving system.
In an action based upon defective design, manufacture, or failure to warn related to the
automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle that is
equipped with a level four ADS or level five ADS brought against the manufacturer or
developer of the automated driving system, liability is precluded if:
(1)
the manufacturer or developer complied with the state of the art knowledge of scientific
and technical knowledge and other circumstances that existed at the time of
manufacture; or
(2)
the automated driving system when deployed reduces injuries to persons, in the
aggregate, as compared to humans conducting the same activity.
Section 11.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 10:02 AM