28-9702. Operation of autonomous vehicles

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 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.

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

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 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 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, 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 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.

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 statement.

E. When engaged, 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.