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22LSO-0099
2022
STATE OF WYOMING
22LSO-0099
Introduced
2.0
SENATE FILE NO. SF0016
Vehicles equipped with automated driving systems.
Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
A BILL
for
AN ACT relating to motor vehicles; providing for the regulation of vehicles equipped with an automated driving system; defining terms; authorizing fees; creating an account; creating penalties; requiring rulemaking; requiring reports; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 31
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101 through 31
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109 are created to read:
CHAPTER 21
AUTONOMOUS MOTOR VEHICLES
ARTICLE 1
VEHICLES EQUIPPED WITH AN AUTOMATED DRIVING SYSTEM
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101.
Definitions.
(a)
As used in this article:
(i)
"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 driving automation system as the standards of driving automation are defined in the SAE J3016 standard. An ADS equipped vehicle shall not include a motor vehicle that is equipped with systems that enhance safety or provide the human driver assistance, such as collision avoidance systems, which are not capable, collectively or singularly, of driving the motor vehicle without the active control or monitoring of a human driver;
(ii)
"Commercial vehicle" means as defined in W.S. 31
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18
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101(a)(iii), unless specified otherwise;
(iii)
"Department" means the department of transportation;
(iv)
"Dispatching entity" means a human who dispatches an ADS equipped vehicle in driverless operation;
(v)
"Dynamic driving task" means all of the real
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time operational and tactical functions required to operate a motor vehicle in on
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road traffic, including any specific functions identified in department rules, and excluding strategic functions such as trip scheduling and selection of destinations and waypoints;
(vi)
"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;
(vii)
"Operate" or "operation" means the activities collectively performed by a human driver with or without support from one (1) or more SAE J3016 driving automation level 1 or 2 system features or by a dispatching
entity and an ADS to perform the entire dynamic driving task for a motor vehicle;
(viii)
"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 Society of Automotive Engineers International in June 2018.
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102.
Operation of a vehicle equipped with an automated driving system; safety at railroad crossings.
(a)
A vehicle equipped with an ADS may be operated on the highways of this state provided:
(i)
The ADS equipped vehicle is registered pursuant to this title;
(ii)
The dispatching entity, or human driver if applicable, causes the ADS equipped vehicle to comply with all applicable traffic, motor vehicle and equipment laws and rules of this state, unless an exemption has been granted under department rules;
(iii)
While in driverless operation, the ADS equipped vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and rules of this state;
(iv)
The ADS equipped vehicle is in compliance with all applicable safety standards, equipment requirements and performance requirements of state and federal law, unless a waiver has been granted by the relevant regulating agency;
(v)
The ADS equipped 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 federal agency approved exemption from specific compliance.
(b)
The department may impose by rule any additional requirements necessary to ensure the safe operation of ADS equipped vehicles. Additional requirements may include rules for safely crossing railroad grade crossings. When promulgating rules that affect ADS equipped vehicle operations at railroad crossings, no exemption from
department rules shall be granted for a vehicle model without having performed not less than one (1) onsite diagnostic at a railroad crossing involving the department and all railroad companies that operate at the crossing. Nothing in this subsection shall supersede the requirements in W.S. 31
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511.
(c)
The department may by rule require notice from any entity demonstrating or testing new technology or operating conditions of a vehicle equipped with an ADS in the state. The information required as part of the notification process may be established by rule of the department.
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103.
Valid license; requirements of dispatching entities and human drivers.
(a)
A dispatching entity operating a vehicle equipped with an ADS shall have a valid class of license for the type of motor vehicle being operated.
(b)
Nothing in this article prohibits or restricts a human driver from operating a vehicle equipped with an ADS
that allows the human driver to control all or part of the dynamic driving task provided that the human driver holds the appropriate class of license for the type of motor vehicle being operated.
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104.
Signage for commercial vehicles, registration and title of vehicles equipped with an automated driving system; insurance; reporting.
(a)
A commercial vehicle equipped with an ADS shall be clearly marked on the front, back and each side with appropriate signage notifying the public and law enforcement that it is operating autonomously. The markings shall include conspicuous contact information written in a size and font readable from not less than fifteen (15) feet away, to reach the dispatching entity.
(b)
A vehicle equipped with an ADS shall be properly registered in accordance with W.S. 31
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201, 31
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201 if applicable, and department rules.
(c)
A vehicle equipped with an ADS shall be properly titled in accordance with W.S. 31
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101 and department rules.
(d)
At the time of registration and annual renewal of registration of a vehicle equipped with an ADS the following shall be submitted to the county treasurer in the county where the vehicle is registered:
(i)
Any update to the contact information of the dispatching entity;
(ii)
Verification the motor vehicle is covered in an aggregate amount of not less than five million dollars ($5,000,000.00) by a motor vehicle liability policy in full force and effect, or a bond on file with the department or self
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insurance pursuant to W.S. 31
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414 in the same amount, either of which satisfies the requirements of W.S. 31
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225(e);
(iii)
Verification of the uninsured motorist coverage as required by W.S. 31
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101;
(iv)
For a commercial vehicle equipped with an ADS, an annual year
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end report for the previous year, submitted to the department, of the number of miles operated, safety issues encountered, any collisions, the amount of damages caused to any person or property, any injury to any human requiring medical attention and any striking of a big game animal.
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105.
Requirements for commercial vehicles equipped with an automated driving system; prohibition of double, triple trailers and oversize or overweight loads.
(a)
In addition to all other requirements and fees under this article applicable to vehicles equipped with an ADS, a commercial vehicle equipped with an ADS shall:
(i)
Obtain a commercial permit specific to commercial vehicles equipped with an ADS and any mandated inspections or certificates specific to commercial vehicles equipped with an ADS according to rules and fees set by the department to recover a proportionate share of the department's infrastructure and administrative expenses incurred attributable specifically to regulation of
commercial vehicles equipped with an ADS. Once established, the department may annually adjust the fees authorized under this paragraph not to exceed the percentage increase in 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;
(ii)
Obtain an annual public safety communications system authorization and connection (WyoLink or other department approved method of communication), together with the payment of an annual fee of ten thousand dollars ($10,000.00), that will allow any Wyoming peace officer, public safety dispatch or the department to communicate directly with the dispatching entity, or human driver if applicable, and give that dispatching entity, or human driver if applicable, real
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time commands. The connection information may be coded so that only law enforcement, public safety dispatch or the department may contact the dispatching entity.
(b)
A dispatching entity shall comply with all licensing, training for hazardous materials, hours of
service, drug testing, communication and other requirements that a Wyoming based commercial vehicle driver is required to comply with for operation in this state.
(c)
No commercial vehicle equipped with an ADS in any combination of two (2) or more single vehicles or trailers and no oversize or overweight vehicles equipped with an ADS shall operate on the highways of this state.
(d)
As used in this section, "commercial vehicle" means as defined in W.S.
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201(a)(vii).
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106.
Duties after crashes involving vehicles equipped with an automated driving system; vehicle operating data.
(a)
In the event of a crash involving a motor 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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1101 and 31
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1102;
(ii)
The dispatching entity, human driver if applicable, or the ADS if the vehicle has the capability, shall promptly alert law enforcement or emergency services to the crash;
(iii)
The dispatching entity or human driver if applicable shall provide all requested operating data from before and during the accident to Wyoming law enforcement and any victim or victim's representative. If the dispatching entity or human driver if applicable wishes to protect proprietary data, the dispatching entity or human driver may request that a judge in the district where the collision occurred perform an in camera inspection and rule on the redaction of proprietary data.
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107.
Rulemaking; fees; autonomous vehicle account.
(a)
Consistent with this article and other applicable state and federal laws, the department shall promulgate rules and shall develop and provide any forms necessary to implement this article.
(b)
For registration of a vehicle equipped with an ADS, in addition to the fees under W.S. 31
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101, the department may assess an additional fee in an amount necessary to recover a proportionate share of the department's infrastructure and administrative expenses reasonably incurred attributable to regulation of motor vehicles equipped with an ADS. Once established, the department may annually adjust the fee authorized under this subsection not to exceed the percentage increase in 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.
(c)
All funds the department receives from the fees authorized in subsection (b) of this section and W.S. 31
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105(a) shall be deposited into the state highway fund.
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108.
Penalties.
Any person who violates any provision of this article or rule of the department pursuant to this article is guilty
of a misdemeanor and subject to a fine of not more than seven hundred fifty dollars ($750.00) per day for the first occurrence and not more than one thousand dollars ($1,000.00) per day for a subsequent offense.
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109.
Annual report.
(a)
Not later than October 1 of each year, the department shall submit a report to the joint transportation, highways and military affairs interim committee. The annual report shall contain the following information for all registered vehicles equipped with an ADS to the extent that it is available and shall separately report the information for commercial vehicles equipped with an ADS:
(i)
A summary of operations in Wyoming;
(ii)
The total number of ADS equipped vehicles registered in Wyoming and ADS equipped commercial vehicles permitted in Wyoming;
(iii)
Miles driven for the past year and projected miles driven for the next year;
(iv)
Collision statistics;
(v)
A brief description of all moving violations and registration, title or permit violations;
(vi)
Recommendations for safety related legislation or legislation concerning other aspects of ADS equipped vehicles;
(vii)
Other data necessary to summarize fairly and accurately the annual operations of ADS equipped vehicles in Wyoming.
Section 2.
Not later than September 1, 2022, the department shall promulgate rules to administer this act.
Section 3
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(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
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(b)
Section 1 of this act is effective September 1, 2022.
(END)
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SF0016