Autonomous motor vehicles

AN ACT Relating to the operation of autonomous motor vehicles; 1
amending RCW 46.30.050; adding new sections to chapter 46.92 RCW; 2
repealing RCW 46.92.010; and providing an effective date.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 46.92 5
RCW to read as follows: 6
The definitions in this section apply throughout this section and 7
sections 2 through 12 of this act unless the context clearly requires 8
otherwise. 9
(1) "Automated driving system" means the hardware and software 10
that are collectively capable of performing the entire dynamic 11
driving task on a sustained basis, regardless of whether it is 12
limited to a specific operational design domain. 13
(2) "Autonomous motor vehicle" means a motor vehicle equipped 14
with an automated driving system designed to function as a level 15
three system when the automated driving system is engaged, four 16
system, or five system under the society of automotive engineers 17
international standard J3016, as it existed on the effective date of 18
this section. 19
(3) "Dynamic driving task" means all of the real-time operational 20
and tactical functions required to operate a vehicle in on-road 21
S-4028.1
SENATE BILL 6243
State of Washington 69th Legislature 2026 Regular Session
By Senator Boehnke
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traffic, excluding the strategic functions such as trip scheduling 1
and selection of destinations and waypoints, and including:2
(a) Lateral vehicle motion control via steering;3
(b) Longitudinal motion control via acceleration and 4
deceleration; 5
(c) Monitoring the driving environment via object and event 6
detection, recognition, classification, and response preparation;7
(d) Object and event response execution; 8
(e) Maneuver planning; and 9
(f) Enhancing conspicuity via lighting, signaling, and gesturing.10
(4) "Dynamic driving task fallback" means the response by the 11
person or human driver to either perform the dynamic driving task or 12
achieve a minimal risk condition after the occurrence of any dynamic 13
driving task performance-relevant system failure or upon operational 14
design domain exit, or the response by an automated driving system to 15
achieve minimal risk condition, given the same circumstances.16
(5) "Human driver" means a natural person in the vehicle with a 17
valid driver's license to operate a motor vehicle who controls all or 18
part of the dynamic driving task. 19
(6) "Minimal risk condition" means a stable, stopped condition to 20
which a person, human driver, or an automated driving system may 21
bring a vehicle after performing the dynamic driving task fallback in 22
order to reduce the risk of a crash when a given trip cannot or 23
should not be completed. 24
(7) "On-demand autonomous vehicle network" means a transportation 25
service network that uses a software application or other digital 26
means to dispatch or otherwise enable the prearrangement of 27
transportation with autonomous motor vehicles for purposes of 28
transporting passengers or goods, including for-hire transportation 29
and transportation of passengers or goods for compensation.30
(8) "Operational design domain" means operating conditions under 31
which a given automated driving system is specifically designed to 32
function including, but not limited to, environmental, geographical, 33
and time-of-day restrictions, or the requisite presence or absence of 34
certain traffic or roadway characteristics. 35
(9) "Person" means a natural person, corporation, business trust, 36
estate, trust, partnership, limited liability company, association, 37
joint venture, governmental agency, public corporation, or any other 38
legal or commercial entity. 39
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(10) "Request to intervene" means an alert or notification by an 1
automated driving system to a human driver, that the human driver 2
should promptly begin or resume performance of part or all of the 3
dynamic driving task. 4
NEW SECTION. Sec. 2. A new section is added to chapter 46.92 5
RCW to read as follows: 6
(1) A person may operate an autonomous motor vehicle on the 7
public roadways of this state when the automated driving system is 8
engaged only if such vehicle meets the following conditions:9
(a) If a failure of the automated driving system occurs that 10
renders that system unable to perform the entire dynamic driving task 11
relevant to its intended operational design domain, the autonomous 12
motor vehicle achieves a minimal risk condition or, if the failure 13
occurs in a vehicle with an automated driving system that is a level 14
three system under the society of automotive engineers international 15
standard J3016, as it existed on the effective date of this section, 16
the automated driving system must issue a request to intervene;17
(b) The autonomous motor vehicle is capable of operating in 18
compliance with the applicable traffic and motor vehicle safety laws 19
and rules under this title when reasonable to do so, unless an 20
exemption has been granted by the department; 21
(c) When required by federal law, the autonomous motor vehicle 22
displays the required manufacturer's certification label indicating 23
that at the time of its manufacture it has been certified to be in 24
compliance with all applicable federal motor vehicle safety 25
standards, including reference to any exemption granted by the 26
national highway traffic safety administration; and27
(d) The autonomous motor vehicle is covered by liability 28
insurance under section 4 of this act. 29
(2)(a) In addition to satisfying the requirements of subsection 30
(1) of this section, a person may operate an autonomous motor vehicle 31
on the public roadways of this state when the automated driving 32
system is engaged if: 33
(i) The person receives and maintains an authorization to operate 34
the autonomous motor vehicle from the department under (b) of this 35
subsection; and 36
(ii) The department has been provided with a first responder 37
action plan. For purposes of this subsection, a "first responder 38
action plan" is a document specifying how first responders should 39
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interact with an autonomous motor vehicle that, at a minimum, 1
describes: 2
(A) How to communicate with a fleet support specialist who is 3
available during the times the autonomous motor vehicle is in 4
operation; 5
(B) How to safely remove the autonomous motor vehicle from the 6
roadway and steps to safely tow the vehicle; 7
(C) How to recognize whether the autonomous motor vehicle is in 8
autonomous mode; and 9
(D) Any additional information the person submitting the plan, 10
the manufacturer of the autonomous motor vehicle, or the manufacturer 11
of the automated driving system deems necessary regarding hazardous 12
conditions or public safety risks associated with the operation of 13
the autonomous motor vehicle. 14
(b) To receive an authorization to operate an autonomous motor 15
vehicle under (a) of this subsection, a person must provide the 16
following to the department: 17
(i) The name, address, and principal point of contact for the 18
person applying for the authorization; 19
(ii) Vehicle information for each autonomous motor vehicle used 20
for operations in the state, such as tag number and state of 21
issuance, vehicle information number, vehicle make, model, and year, 22
and proof of current vehicle registration; and 23
(iii) A written statement by the person applying for the 24
authorization or by the manufacturer of the vehicle or automated 25
driving system certifying that each autonomous motor vehicle complies 26
with subsection (1) of this section. 27
(c) Upon receipt of an application under (b) of this subsection 28
and verifying that the application is complete and accurate, the 29
department must approve the application and issue an authorization.30
(3) An authorization issued by the department under this section 31
does not expire and remains active unless suspended, revoked, or 32
canceled by the department as described under section 12 of this act.33
NEW SECTION. Sec. 3. A new section is added to chapter 46.92 34
RCW to read as follows: 35
When an automated driving system installed on an autonomous motor 36
vehicle is engaged: 37
(1) The automated driving system is considered the driver or 38
operator, for the purpose of assessing compliance with applicable 39
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traffic or motor vehicle laws under this title, and is deemed to 1
satisfy electronically all physical acts required by a driver or 2
operator of the vehicle; 3
(2) The automated driving system is considered to be licensed to 4
drive under chapter 46.20 RCW to operate the vehicle; and5
(3) The automated driving system operator or human driver may be 6
issued a traffic infraction or other applicable penalty if the 7
vehicle fails to comply with applicable traffic or motor vehicle laws 8
under this title. 9
NEW SECTION. Sec. 4. A new section is added to chapter 46.92 10
RCW to read as follows: 11
Before operating an autonomous motor vehicle on public roadways 12
in this state without a human driver, a person must submit proof of 13
financial responsibility satisfactory to the department that the 14
autonomous motor vehicle is covered by liability insurance that 15
satisfies the requirements of RCW 46.30.050. 16
NEW SECTION. Sec. 5. A new section is added to chapter 46.92 17
RCW to read as follows: 18
(1) In the event of an accident or collision involving an 19
autonomous motor vehicle: 20
(a) The autonomous motor vehicle must remain on the scene of the 21
accident or collision when required under RCW 46.52.020, consistent 22
with its capability under section 2 of this act. 23
(b) The autonomous motor vehicle's authorization holder, or a 24
person on behalf of the authorization holder, must report the 25
accident or collision consistent with RCW 46.52.030(1). Submission of 26
a report under subsection (2) of this section is authorized in lieu 27
of the requirement under this subsection (1)(b). 28
(2) Copies of any national highway traffic safety administration 29
standing general order collision reports for any reportable collision 30
that occurs in Washington state must be provided to the department 31
within one day of the provision to the national highway traffic 32
safety administration, unless such reports are otherwise made 33
available to the state pursuant to federal law. 34
NEW SECTION. Sec. 6. A new section is added to chapter 46.92 35
RCW to read as follows: 36
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(1) It is the intent of the legislature to provide uniformity of 1
laws governing on-demand autonomous motor vehicle networks throughout 2
the state, and that an on-demand autonomous motor vehicle network be 3
considered a stand-alone service as solely regulated under this 4
section. 5
(2) An on-demand autonomous vehicle network may transport 6
passengers or goods, including the for-hire transportation of 7
passengers, including minors, or goods in the state pursuant to this 8
section. 9
(3)(a) An on-demand autonomous vehicle network must disclose to 10
the passenger the fare or fare calculator method on its website or 11
within the online-enabled technology application service before the 12
beginning of any prearranged ride. 13
(b) Within a reasonable period after the completion of a ride, an 14
on-demand autonomous vehicle network must transmit an electronic 15
receipt to the passenger that lists: 16
(i) The origin and destination of the ride; 17
(ii) The total time and distance of the ride; and18
(iii) The total fare paid. 19
(4)(a) An on-demand autonomous vehicle network is governed 20
exclusively by state law, and by any local jurisdiction that enacted 21
ordinances or created rules governing autonomous motor vehicles prior 22
to the effective date of this section. A county, municipality, 23
special purpose district, airport authority, or other local 24
governmental entity or subdivision may not require a license or 25
permit for, impose reporting requirements on, or otherwise impose 26
operational restrictions on an on-demand autonomous vehicle network 27
company within the entity's jurisdiction. 28
(b) A county, municipality, special district, airport authority, 29
or other local governmental entity or subdivision may only impose a 30
tax on or subject an on-demand autonomous vehicle network company to 31
a rate or fee within the entity's jurisdiction if the tax, rate, or 32
fee is equivalent to those charged to transportation network 33
companies in the entity's jurisdiction. 34
(c) This subsection does not prohibit an airport or port 35
authority from: 36
(i) Charging reasonable fees consistent with any fees charged to 37
companies that provide similar services within the airport or port 38
authority for its use of the airport or port authority's facilities; 39
or 40
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(ii) Designating locations for staging, pickup, or other similar 1
operations at the airport or port authority facility; however, such 2
designated locations must be reasonably equivalent to those required 3
of other passenger transportation services. 4
NEW SECTION. Sec. 7. A new section is added to chapter 46.92 5
RCW to read as follows: 6
An autonomous motor vehicle must be properly registered in 7
accordance with chapter 46.16A RCW, and identified on the certificate 8
of title and registration as an autonomous motor vehicle.9
NEW SECTION. Sec. 8. A new section is added to chapter 46.92 10
RCW to read as follows: 11
(1) A person may operate an autonomous motor vehicle equipped 12
with an automated driving system capable of performing the entire 13
dynamic driving task if the automated driving system is capable of 14
being operated in compliance with this title when reasonable to do so 15
unless an exemption has been granted by the department.16
(2) This section does not prohibit or restrict a human driver 17
from operating an autonomous motor vehicle equipped with controls 18
that allow for the human driver to control all or part of the dynamic 19
driving task. 20
NEW SECTION. Sec. 9. A new section is added to chapter 46.92 21
RCW to read as follows: 22
An autonomous motor vehicle that is also a commercial motor 23
vehicle as defined in RCW 46.16A.010 may operate on the public 24
roadways of this state, except that any provision under this title 25
that reasonably applies only to a human driver does not apply to such 26
a vehicle operating with the automated driving system engaged.27
NEW SECTION. Sec. 10. A new section is added to chapter 46.92 28
RCW to read as follows: 29
An autonomous motor vehicle that is designed to be operated 30
exclusively by the automated driving system for all trips is not 31
subject to motor vehicle equipment laws or rules pursuant to chapter 32
46.37 RCW that: (1) Relate to or support motor vehicle operation by a 33
human driver seated in the vehicle; and (2) are not relevant for an 34
automated driving system. 35
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NEW SECTION. Sec. 11. A new section is added to chapter 46.92 1
RCW to read as follows: 2
(1) Unless otherwise provided in this chapter, autonomous motor 3
vehicles and automated driving systems are governed exclusively under 4
this chapter. The department is the sole and exclusive state agency 5
that may implement the provisions of this chapter. 6
(2) No state agency, political subdivision, municipality, or 7
local entity may prohibit the operation of autonomous motor vehicles, 8
automated driving systems, or on-demand autonomous vehicle networks, 9
or otherwise enact or keep in force rules or ordinances that would 10
impose taxes, fees, or other requirements, including performance 11
standards, specific to the operation of autonomous motor vehicles, 12
automated driving systems, or on-demand autonomous vehicle networks 13
in addition to the requirements of this chapter. 14
(3) This section does not limit or preempt the existing authority 15
of a municipality or other local government to regulate, license, or 16
tax transportation network companies, ride-hail services, or other 17
for-hire passenger services utilizing nonautonomous motor vehicles, 18
or to manage the use of public rights-of-way, consistent with state 19
law. 20
(4) This chapter does not exempt the in-state purchase of 21
autonomous motor vehicles from the requirements of chapter 46.96 RCW, 22
where such requirements apply to all motor vehicles.23
NEW SECTION. Sec. 12. A new section is added to chapter 46.92 24
RCW to read as follows: 25
(1)(a) If the department determines that an autonomous motor 26
vehicle operating under an authorization issued under section 2 (2) of 27
this act is not in safe operational condition and the operation of 28
the vehicle on public roadways of the state endangers the public, the 29
department must provide to the authorization holder a notice of 30
intent to: 31
(i) Suspend, revoke, or cancel the authorization; or32
(ii) Impose restrictions on the operation of the vehicle.33
(b) For purposes of (a) of this subsection, the operation of an 34
autonomous motor vehicle endangers the public when the operation 35
creates a substantial risk of death or has caused death, serious 36
permanent disfigurement, or protracted loss or impairment of the 37
function of any bodily member or organ. 38
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(2) A notice of intent under subsection (1)(a) of this section 1
must: 2
(a) Include a summary of the department's determination and any 3
evidence supporting the determination; and 4
(b) Provide the authorization holder a reasonable period in which 5
to: 6
(i) Correct the issues identified in the department's 7
determination; 8
(ii) Provide to the department the certification described under 9
subsection (3)(a) of this section; and 10
(iii) Specify which enforcement actions described in subsection 11
(1)(a) of this section the department will take if the authorization 12
holder fails to provide the required certification within the 13
specified period. 14
(3)(a) Before the expiration of the period specified in a notice 15
of intent under subsection (2)(b) of this section, the authorization 16
holder must: 17
(i) Ensure the issues identified by the department in the notice 18
are corrected; and 19
(ii) Provide to the department a certification acknowledging that 20
the issues identified by the department in the notice have been 21
corrected and explaining how the issues have been corrected, such as 22
identifying operational measures implemented. 23
(b) The department may extend the period specified in a notice of 24
intent under subsection (2)(b) of this section if the authorization 25
holder requests an extension in writing and the department determines 26
the extension is reasonable. 27
(4)(a) If the authorization holder fails to comply with 28
subsection (3)(a) of this section, the department must issue a 29
decision that: 30
(i) Suspends, revokes, or cancels the authorization or imposes 31
restrictions on the operation of the vehicle; and 32
(ii) Promptly notify the authorization holder of the decision.33
(b) Within 10 days of receiving a notice of a decision issued 34
under (a) of this subsection, an authorization holder may submit a 35
written request to the department for review of the decision. Within 36
10 days of the department receiving such a request for review, the 37
department must review the decision and issue a final determination 38
to the authorization holder either upholding or rescinding the 39
decision. 40
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(c) If the department upholds the decision under (b) of this 1
subsection, an authorization holder may submit a written request for 2
a hearing. Such a request must be submitted within 10 days of the 3
department issuing a final determination. The department must set a 4
hearing date within 10 days of the hearing request and provide the 5
authorization holder, the manufacturer of the autonomous motor 6
vehicle, and the manufacturer of the automated driving system the 7
opportunity to present evidence at the hearing. The hearing must be 8
conducted by an administrative law judge within the office of 9
administrative hearings and be conducted within 30 days of the 10
department issuing a final determination. If a hearing is not held 11
within such time period, the authorization issued under section 2 (2) 12
of this act must be automatically reinstated or the restriction 13
imposed automatically removed, as applicable. 14
(5) The department must promptly rescind an authorization 15
suspension, revocation, or cancellation or remove an imposed 16
restriction on operation of the autonomous motor vehicle if the 17
authorization holder satisfies the requirements under subsection 18
(3)(a) of this section. 19
Sec. 13. RCW 46.30.050 and 2020 c 182 s 1 are each amended to 20
read as follows: 21
(1) ((No entity may test an autonomous motor vehicle on any 22
public roadway under the department's autonomous vehicle self-23
certification testing pilot program unless:24
(a) The entity holds an umbrella )) (a) A person operating an 25
autonomous motor vehicle on any public road of this state without a 26
human driver shall hold a liability insurance policy that covers the 27
entity in an amount not less than ((five million dollars)) $1,000,000 28
per occurrence for damages by reason of bodily injury or death or 29
property damage, caused by the operation of an autonomous motor 30
vehicle ((for which information is provided under the autonomous 31
vehicle self-certification testing pilot program; and32
(b) The entity maintains)).33
(b) Financial responsibility requirements under (a) of this 34
subsection may be satisfied by:35
(i) An insurance policy issued by an insurer licensed in 36
Washington state; or37
(ii) An insurance policy issued by a licensed surplus line broker 38
authorized under RCW 48.15.040.39
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(c) No higher limits of insurance or additional coverages may be 1
required solely due to a vehicle's use of an automated driving system 2
other than the financial responsibility minimum requirements under 3
this subsection (1).4
(2) A person operating an autonomous motor vehicle on public 5
roads in this state without a human driver shall maintain proof of 6
this policy with the department in a form and manner specified by the 7
department. 8
(((2))) (3) Requirements related to proof of motor vehicle 9
insurance under RCW 46.30.020 and penalties for providing false 10
evidence of motor vehicle insurance under RCW 46.30.040 are 11
applicable to this section. 12
NEW SECTION. Sec. 14. RCW 46.92.010 (Testing— Self-certification 13
pilot program — Information to be provided — Unique identification 14
number— Notice— Fee— Public access — Operation) and 2021 c 193 s 1 & 15
2020 c 182 s 2 are each repealed.16
NEW SECTION. Sec. 15. This act takes effect October 1, 2026.17
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