ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DP 9-1-0-0

HB 2813: autonomous vehicles

Sponsor:  Representative Weninger, LD 17

Caucus & COW

Overview

Establishes procedures for autonomous vehicle use, accident reporting and equipment standards.

History

Autonomous vehicles, including fully autonomous vehicles, are regulated through Executive Order 2018-04, Advancing Autonomous Vehicle Testing and Operating; Prioritizing Public Safety. This executive order subjects testing and operation of autonomous vehicles to all applicable laws, including A.R.S. Title 28 (Transportation) and rules published by the Department of Transportation (ADOT) and the Department of Public Safety (DPS). Pursuant to the executive order, DPS published a protocol on fully autonomous vehicles on May 14, 2018. The protocol establishes guidelines for peace officers when interacting with fully autonomous vehicles.

An individual involved in a motor vehicle accident is legally obligated to take certain actions following the accident, depending on the severity. For example, a driver involved in an accident that results in injury or death must stop the vehicle and remain at the scene of the accident to provide information, display one's driver license and render reasonable assistance to the injured person (A.R.S. §§ 28-661; 28-663).

Motor vehicles must possess specified equipment and parts in order to be driven on a highway (A.R.S. § 28-921). In addition to headlamps, mirrors and windshield wipers are among the required parts of a vehicle required. Furthermore, vehicles made after 1972 must be equipped with a lap and shoulder belt or a lap belt. A peace officer may cite a driver for an individual under 16 years of age failing to wear a seat belt or failure to properly secure a child under five in a child restraint system (A.R.S. §§ 28-907; 28-909).

Provisions

Accidents

1.   Requires a fully autonomous vehicle operating without a human driver that is involved in an accident involving death or physical injury to stop at or as near as possible to the scene of the accident and remain stopped until certain information requirements are met. (Sec. 2)

2.   Requires a fully autonomous vehicle that is involved in a vehicle that only involves vehicular damage to:

a)   Immediately stop at or as near as possible to the scene of the accident;

b)   Remain stopped until certain information requirements are met; and

c)   Make the stop without obstructing more traffic than necessary. (Sec. 3)

3.   Specifies the information requirements are met if both: a) the contact of a law enforcement agency by the fully autonomous vehicle or its owner; and b) the transfer of the owner's name, address, and the vehicle's registration number to the person struck by the vehicle or occupants of the vehicle involved in the accident. (Sec. 4)

4.   Specifies that a fully autonomous vehicle which collides with an unattended vehicle must stop and its owner must provide notice by either locating the owner or leaving a written notice in an obvious place. (Sec. 5)

5.   Directs the owner or person acting on the behalf of the owner of a fully autonomous vehicle to take reasonable steps to notify property owners if the vehicle is involved in an accident resulting to damage to highway fixtures or adjacent property. (Sec. 6)

6.   Permits either the vehicle owner or a person acting on behalf of the owner to provide notice to the nearest law enforcement agency for an accident resulting in death of or injury to a person. (Sec. 7)

Restraints

7.   Allows a citation to be issued to the parent, guardian or other accompanying adult in a fully autonomous vehicle if:

a)   A child under five is not secured in a child restraint when the vehicle is on a highway; or

b)   A child under 16 does not have a seat belt fastened when the vehicle is in motion. (Sec. 8, 9)

Equipment

8.   Exempts a fully autonomous vehicle which cannot be operated by a human driver from being equipped with:

a)   A headlamp beam indicator;

b)   Mirrors;

c)   Windshield wipers; and

d)   Windshields. (Sec. 10, 11, 12, 13)

Autonomous Vehicle Provisions

9.   Allows a licensed individual to operate an autonomous vehicle on public roads if the individual can resume part of the driving task or respond to requests to intervene. (Sec. 17)

10.  Permits a fully autonomous vehicle to operate on public roads without a human driver if a person submits both:

a)   A law enforcement interaction plan which addresses DPS's protocol issued on May 14, 2018; and

b)   A statement to ADOT certifying that the vehicle meets certain standards and is titled, registered, licensed and insured. (Sec. 17)

11.  Permits ADOT to issue a cease and desist letter for failure to submit a law enforcement interaction plan or statement. (Sec. 17)

12.  Deems the automated driving system as the driver or operator of the autonomous vehicle for the purpose of assessing compliance with applicable traffic laws. (Sec. 17)

13.  Specifies a licensed human driver is not required nor prohibited from operating a fully autonomous vehicle, provided the vehicle is operated in compliance with law or equipped with functional controls. (Sec. 17)

14.  Directs DPS to maintain a protocol for people who operate fully autonomous vehicles, including interactions with law enforcement and other first responders. (Sec. 17)

15.  Grants an on-demand autonomous vehicle network the ability to operate under the same rules as transportation network companies. (Sec. 17)

16.  Adopts existing commercial motor vehicle rules for fully autonomous vehicles which are also classified as commercial motor vehicles. (Sec. 17)

17.  Prohibits a county or municipality from imposing further taxes or requirements on automated driving systems or autonomous vehicles or their operators, except for a public airport operator or airport. (Sec. 17)

18.  Establishes procedures for suspension of an autonomous vehicle registration, to consist of:

a)   ADOT gathering evidence and issuing a request for information of the vehicle owner;

b)   A notice of intent to suspend registration with certain reporting requirements; and

c)   A hearing by ADOT which is subject to judicial review. (Sec. 17)

Miscellaneous

19.  Exempts a fully autonomous vehicle which cannot be operated by a human driver from statutory requirements relating to displaying a notice of the operational restrictions of the vehicle. (Sec. 14,15)

20.  Defines automated driving system, autonomous vehicle, dynamic driving task, fully autonomous vehicle, human driver, minimal risk condition, operational design domain, SAE J3016, on-demand autonomous vehicle network, and request to intervene. (Sec. 1, 17)

21.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1-10, 13, 16)

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25.                    HB 2813

26.  Initials PRB/AF     Page 0 Caucus & COW

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