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21LSO-0012
2021
STATE OF WYOMING
21LSO-0012
ENGROSSED
3.0
SENATE FILE NO. SF0007
Autonomous vehicles.
Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
A BILL
for
AN ACT relating to motor vehicles; providing for the regulation, registration and licensing of vehicles equipped with an automated driving system; providing for liability for the operation of vehicles equipped with automated driving systems; providing definitions; authorizing a fee; creating an account; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 31
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21
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101 through 31
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21
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111 are created to read:
CHAPTER 21
AUTONOMOUS MOTOR VEHICLES
ARTICLE 1
AUTOMATED DRIVING SYSTEM REGULATION
31
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21
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101.
Definitions.
(a)
As used in this chapter:
(i)
"Automated driving system data recorder" or "ADS data recorder" means a mechanism, in addition to and separate from, any other mechanism required by law, installed in an ADS to record technical information about the status and operation of the vehicle's ADS for thirty (30) seconds before a collision and at least five (5) seconds after a collision or until the vehicle comes to a complete stop, whichever is later;
(ii)
"Automated driving system" or "ADS" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the system is limited to a specific operational design domain. An ADS is used specifically to describe a level 3, 4 or 5 system as the
standards of driving automation are defined in the SAE J3016 standard. A vehicle equipped with an ADS is not a vehicle that is equipped with systems that enhance safety or provide the human driver assistance, but where the collision avoidance systems are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human driver;
(iii)
"Department" means the department of transportation;
(iv)
"Dispatching entity" means an entity that dispatches an ADS equipped vehicle in driverless operation;
(v)
"Dynamic driving task" or "DDT" means all of the real
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time operational and tactical functions required to operate a vehicle in on
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road traffic, excluding strategic functions such as trip scheduling and selection of destinations and waypoints, and including at least all of the following:
(A)
Lateral vehicle motion control via steering;
(B)
Longitudinal motion control via acceleration and deceleration;
(C)
Monitoring the driving environment via object and event detection, recognition, classification and response preparation;
(D)
Object and event response execution;
(E)
Maneuver planning;
(F)
Enhancing conspicuity via lighting, signaling and gesturing.
(vi)
"Dynamic driving task fallback" or "DDT fallback" means the response after a DDT performance relevant system failure or after an operational design domain exit:
(A)
By the fallback ready user to perform the DDT or to achieve a minimal risk condition; or
(B)
By an ADS to achieve minimal risk condition.
(vii)
"Fallback ready user" means the user of a vehicle equipped with an engaged level 3 ADS who is able to operate the vehicle and is receptive to ADS issued requests to intervene and to evident DDT performance relevant system failures in the vehicle compelling the user to perform the DDT fallback;
(viii)
"Highway" means as defined in W.S. 31
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1
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101(a)(viii);
(ix)
"Human driver" means a natural person in the vehicle with a valid class of license for the type of motor vehicle being operated who controls all or part of the dynamic driving task;
(x)
"Minimal risk condition" means a condition to which a fallback ready user, a dispatch entity or an ADS may bring a vehicle after performing the DDT fallback to reduce the risk of a crash when a given trip cannot or should not be completed;
(xi)
"On demand autonomous vehicle network" means a network used to dispatch or otherwise enable the provision of transportation services with vehicles equipped with an ADS for purposes of transporting persons or goods, including for hire transportation and transportation for compensation;
(xii)
"Operational design domain" or "ODD"
means the operating conditions under which a given driving automation system or feature thereof is specifically designed to function, including environmental, geographical, and time
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of
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day restrictions or the requisite presence or absence of certain traffic or roadway characteristics;
(xiii)
"Operate" means collectively, the activities performed by a human driver (with or without support from one (1) or more level 1 or 2 driving automation features) or by an ADS to perform the entire DDT for a vehicle during a trip;
(xiv)
"Request to intervene" means notification by an ADS to a fallback ready user indicating that the user should promptly perform the DDT fallback, which may entail resuming manual operation of the vehicle or achieving a minimal risk condition if the vehicle is not drivable;
(xv)
"SAE J3016" means the Taxonomy and Definitions for Terms Related to Driving Automation Systems for On
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Road Motor Vehicles published by SAE International in June 2018 and any amendments thereto and any successor standard publication.
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21
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102.
Operation of a vehicle equipped with an ADS without a human driver; safety at railroad crossings.
(a)
A person may operate a vehicle equipped with an ADS on the highways of this state without a human driver provided that an operational automated driving system is engaged and the vehicle meets all of the following conditions:
(i)
If a failure of the ADS occurs that renders the system unable to perform the entire dynamic driving
task relevant to its intended operational design domain, the vehicle equipped with an ADS will achieve a minimal risk condition;
(ii)
The vehicle equipped with an ADS is capable of and subject to operating in compliance with all applicable traffic and motor vehicle laws and regulations of this state, unless an exemption has been granted by department rules;
(iii)
The vehicle is in compliance with all applicable federal motor vehicle safety standards for the vehicle's model year or has a
United States department of transportation or other relevant agency approved exemption from specific compliance;
(iv)
The vehicle is in compliance with all applicable safety standards and performance requirements required by state and federal law including applicable equipment safety standards under W.S.
31
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5
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901 through 31
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5
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970 unless a waiver has been granted by the relevant regulating agency;
(v)
While in driverless operation, the vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and rules of this state that govern the performance of the dynamic driving task, including safely negotiating railroad crossings, unless an exemption has been granted by the department. When considering an exemption that affects vehicle operations at railroad crossings, no exemption shall be granted without an onsite diagnostic at a railroad crossing involving the department and all railroad companies that operate at the crossing, resulting in a joint concurrence among the railroad companies and the department.
(b)
It is the responsibility of the person who originally manufactures a vehicle and equips the vehicle with an ADS or, in the case of a vehicle not originally equipped with an ADS, the person who modifies the vehicle by installing an ADS to convert it after the vehicle is originally manufactured, to certify that a vehicle equipped with an ADS meets the conditions in subsection (a) of this section.
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21
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103.
Licensing.
(a)
When an automated driving system installed on a motor vehicle is engaged:
(i)
The automated driving system is considered the driver for the purpose of assessing compliance with applicable traffic or motor vehicle laws; and
(ii)
The automated driving system is considered to be licensed to operate the vehicle if the dispatching entity has a valid class of license for the type of motor vehicle being operated if the vehicle is equipped with level 3 or 4 automation as the standards of driving automation are defined in the SAE J3016 standard. If a vehicle is equipped with a level 5 automation as defined in the SAE J3016 standard, the automated driving system is considered to be licensed to operate independently and does not require the dispatching entity to have a valid class of license.
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21
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104.
Insurance.
Before operating a vehicle equipped with an ADS on highways in this state without a human driver, the vehicle owner shall submit proof of financial responsibility to the county treasurer in the county where the vehicle is registered that the vehicle is covered by insurance, proof of self
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insurance or a bond that satisfies the requirements of W.S.
31
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2
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225(e) and uninsured motorist coverage as required by W.S. 31
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10
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101.
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21
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105.
Duties after crashes involving vehicles equipped with an ADS; liability for crashes and traffic violations.
(a)
In the event of a crash involving a vehicle equipped with an ADS:
(i)
The vehicle equipped with an ADS shall remain on the scene of the crash when required by W.S. 31
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5
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1101 and 31
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5
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1102, but only where the vehicle achieves a minimal risk condition as required by W.S. 31
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21
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102(a)(i);
(ii)
The vehicle owner or person acting on behalf of the owner shall report the crash consistent with W.S. 31
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5
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1104, 31
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5
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1105 and 31
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5
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1107 and shall provide the information required in W.S.
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5
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1103, or if the vehicle has the capability of promptly alerting law enforcement or emergency services, the vehicle shall alert law enforcement or emergency services to the crash.
(b)
The dispatching entity, manufacturer, vehicle owner, or any combination thereof, of a vehicle equipped with an ADS that is involved in a crash or a violation of a traffic law shall be liable if any or a combination of those persons or entities are at fault for any crash or violation of a traffic law, each according to the same applicable local and state laws that determine liability for a crash or violation of a traffic law involving a vehicle with a human driver.
(c)
The information from a vehicle equipped with an ADS shall be accessible to law enforcement in relation to a crash, traffic violation or any other circumstance wherein law enforcement would obtain the information from a human
driver operating a vehicle who is subject to W.S. 31
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5
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1101 through 31
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5
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1108 and 31
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5
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1201 through 31
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5
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1214.
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21
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106.
On
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demand autonomous vehicle network; commercial vehicles equipped with an ADS.
(a)
An on
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demand autonomous vehicle network shall be permitted to operate pursuant to applicable state laws.
(b)
Commercial vehicles equipped with an ADS shall be permitted to operate pursuant to state laws governing the operation of commercial vehicles, except that any statutory provision that reasonably applies only to a human driver would not apply to the operation of vehicles with the automated driving system engaged.
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21
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107.
Registration and title of vehicles equipped with an ADS.
(a)
A vehicle equipped with an ADS shall be properly registered in accordance with W.S.
31
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2
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201 and 31
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18
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201, if applicable. If a vehicle equipped with an ADS is
registered in this state, the vehicle shall be identified on the registration as a vehicle equipped with an ADS.
(b)
A vehicle equipped with an ADS shall be properly titled in accordance with W.S.
31
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2
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101. If a vehicle equipped with an ADS is titled in this state, the vehicle shall be identified on the title as a vehicle equipped with an ADS.
(c)
In the case of a vehicle not originally equipped with an automated driving system but later modified by installing an automated driving system to convert it to a vehicle equipped with an ADS after the vehicle is originally manufactured, the vehicle's annual registration due immediately following the modification shall identify the vehicle as a vehicle equipped with an ADS and the vehicle's title shall be amended to identify the vehicle as a vehicle equipped with an ADS. After the modification and on or before the date that the annual registration is due, the owner of record shall notify the county clerk and county treasurer in the county in which the vehicle is:
(i)
Registered that the vehicle is now a vehicle equipped with an ADS and the registration shall reflect the modification; and
(ii)
Titled that the vehicle is now a vehicle equipped with an ADS and the title shall be amended to reflect the modification.
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21
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108.
Controlling authority; rights and obligations of manufacturers.
(a)
Unless otherwise provided in this chapter, vehicles equipped with an ADS are governed exclusively by this chapter, applicable federal laws and department rules and are subject to state and federal laws governing traffic on highways and equipment. The department is the sole and exclusive state agency that may implement the provisions of this chapter. The department may impose any additional requirements necessary to ensure the safe operation of vehicles equipped with an ADS. The department shall provide for the administration and enforcement of this chapter by its divisions.
(b)
Except as provided in subsection (a) of this section, no state agency, political subdivision, county, municipality or local entity may prohibit the operation of vehicles equipped with an ADS or on
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demand autonomous vehicle networks.
(c)
Nothing in this chapter shall expand or restrict the respective rights or obligations of, or limitations upon, motor vehicle manufacturers and licensed motor vehicle dealers as set forth in W.S.
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16
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101 through 31
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16
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127. To the extent that this chapter conflicts with title 31, chapter 16 of the Wyoming statutes then chapter 16 of this title shall control.
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21
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109.
Operation by a human driver of a vehicle equipped with an ADS.
(a)
A human driver may operate a vehicle equipped with an automated driving system capable of performing the entire dynamic driving task if all of the following conditions are true:
(i)
The human driver holds the appropriate class of license for the type of motor vehicle being operated;
(ii)
The human driver will respond appropriately to a request to intervene and then operate the vehicle as if the automated driving system is not capable of performing the entire dynamic driving task or the vehicle exits its operational design domain;
(iii)
The automated driving system is capable of being operated in compliance with all applicable traffic and motor vehicle laws and regulations of this state, unless an exemption has been granted by department rules.
(b)
A vehicle equipped with an automated driving system and driven pursuant to subsection (a) of this section shall allow the human driver to take control, and the vehicle shall alert the human driver that the automated driving system has been disengaged.
(c)
Nothing in this chapter prohibits or restricts a human driver from operating a vehicle equipped with an ADS
that allows for the human driver to control all or part of the dynamic driving task.
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21
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110.
Temporary ADS operating permits.
(a)
The department may develop a process by which entities involved in the demonstration or testing in the state of vehicles equipped with an ADS shall notify the department. The information required as part of the notification process may be established by the department.
(b)
Before demonstrating or testing any vehicle equipped with an automated driving system, the manufacturer shall file with the department proof that the manufacturer maintains liability insurance in the amount of not less than five million dollars ($5,000,000.00) that insures against losses for which the manufacturer is responsible and that are caused by the vehicle equipped with an automated driving system.
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111.
Rulemaking; fee; autonomous vehicle account.
(a)
Consistent with this chapter and other applicable state and federal laws, the department shall promulgate rules and shall provide any forms necessary to implement this chapter.
(b)
If federal rules regulating vehicles equipped with an ADS conflict with this chapter or any rules promulgated pursuant to this chapter, the federal regulations shall be given precedence over the provisions of this chapter or any rules promulgated pursuant thereto.
(c)
The department may assess an additional fee upon an owner of a vehicle equipped with an ADS in an amount necessary to recover all costs reasonably incurred by the department attributable to regulation and administration to accommodate the vehicle. Once established, the department may annually increase the fee authorized under this section to recover costs reasonably incurred for regulation and administration but not to exceed the percentage increase as shown by the Wyoming cost
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of
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living index as determined by the division of economic analysis of the department of administration and information unless authorized by the legislature.
(d)
The funds the department receives from the fee authorized in subsection (c) of this section shall be deposited into an account, hereby created as the autonomous vehicle account. Funds in the autonomous vehicle account are continuously appropriated to the department and shall only be used for costs attributable to regulation and administration of vehicles equipped with an ADS. Any funds within the account, including any additional funds appropriated by the legislature, shall not lapse or revert until directed by the legislature. Earnings on funds in the account shall accrue to the account.
Section 2.
W.S. 31
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5
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102(a)(x) is amended to read:
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5
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102.
Definitions.
(a)
Except as otherwise provided, as used in this act:
(x)
"Driver" means every person who drives or is in actual physical control of a vehicle
. The automated driving system as regulated in W.S.
31
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21
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101 through
31
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21
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111 is considered the driver for the purpose of assessing compliance with applicable traffic or motor vehicle laws
;
Section 3.
Not later than January 1, 2022, the department shall promulgate rules to administer this act.
Section 4
.
(a)
Except as provided in subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
.
(b)
Section 1 of this act is effective January 1, 2022.
(END)
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SF0007