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A01037 Summary:

Add 100-e, 100-f, 379, 507-a & 1212-a, V & T L; add Art 9 Title 3 9-301 & 9-303, Gen Ob L
Provides for and regulates the operation and testing of motor vehicles with autonomous technology.
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A01037 Actions:

01/10/2017referred to transportation
01/03/2018referred to transportation
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A01037 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          the  testing  and  operation  of autonomous motor vehicles upon public
          highways; to amend the general obligations law,  in  relation  to  the
          liability  of  motor  vehicle  manufacturers for vehicles converted to
          autonomous motor vehicles; and directing  the  commissioner  of  motor
          vehicles  to  make recommendations upon additional legislative actions
          relating to autonomous vehicles
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   Legislative intent. The legislature hereby declares that
     2  it intends to encourage and support the safe  development,  testing  and
     3  operation  of  motor vehicles with autonomous technology upon the public
     4  highways of the state. This state, while not prohibiting the testing and
     5  operation of motor vehicles with autonomous technology, hereby regulates
     6  such testing and operation.
     7    § 2.   The vehicle and traffic  law  is  amended  by  adding  two  new
     8  sections 100-e and 100-f to read as follows:
     9    § 100-e. Autonomous technology.  Technology installed on a motor vehi-
    10  cle that has the capability to drive the vehicle on which the technology
    11  is  installed without the active control or monitoring by a human opera-
    12  tor. Such term excludes a  motor  vehicle  enabled  with  active  safety
    13  systems  or  driver assistance systems, including, without limitation, a
    14  system to provide electronic blind  spot  assistance,  crash  avoidance,
    15  emergency  braking,  parking  assistance,  adaptive cruise control, lane
    16  keep assistance, lane departure warning,  or  traffic  jam  and  queuing
    17  assistant,  unless  any  such  system alone or in combination with other
    18  systems enables the motor vehicle on which the technology  is  installed
    19  to drive without the active control or monitoring by a human operator.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1037                             2
     1    §  100-f. Autonomous vehicle. A motor vehicle equipped with autonomous
     2  technology.
     3    §  3.  The  vehicle and traffic law is amended by adding a new section
     4  379 to read as follows:
     5    § 379. Autonomous vehicles. 1. Autonomous vehicles registered in  this
     6  state shall comply with all federal standards and regulations applicable
     7  to motor vehicles. In addition, each autonomous vehicle shall:
     8    (a)  have  a  means  to engage and disengage the autonomous technology
     9  therein which is easily accessible to the  operator  of  the  autonomous
    10  vehicle;
    11    (b)  have  the means, inside such vehicle, to indicate to the operator
    12  thereof when the autonomous vehicle is operating in autonomous mode;
    13    (c) have a means to alert the operator thereof if a technology failure
    14  affecting the ability of such vehicle to safely operate autonomously  is
    15  detected  while  the autonomous vehicle is operating autonomously, so as
    16  to direct the vehicle operator to resume control of the  motor  vehicle;
    17  and
    18    (d)  be capable of being operated in compliance with the provisions of
    19  this chapter and any rules and regulations promulgated pursuant thereto.
    20    2. All federal regulations promulgated by the National Highway Traffic
    21  Safety Administration shall  supersede  any  inconsistent  provision  of
    22  subdivision one of this section.
    23    §  4.  The  vehicle and traffic law is amended by adding a new section
    24  507-a to read as follows:
    25    § 507-a. Operation of autonomous vehicles. 1. Any person who  holds  a
    26  class  D  license or its equivalent may operate an autonomous vehicle in
    27  autonomous mode upon a public highway.
    28    2. For the purposes of this chapter, a person shall be  deemed  to  be
    29  operating  an  autonomous vehicle operating in autonomous mode when such
    30  person causes such vehicle's autonomous technology to engage, regardless
    31  of whether such person is physically present in the autonomous vehicle.
    32    § 5. The vehicle and traffic law is amended by adding  a  new  section
    33  1212-a to read as follows:
    34    §  1212-a.  Testing  of  autonomous  vehicles.  1. Motor vehicles with
    35  autonomous technology are authorized to be operated on  public  highways
    36  by  employees, contractors or other persons designated by a manufacturer
    37  of autonomous technology for the purpose  of  testing  such  technology.
    38  Provided,  however, that for the purposes of this section a human opera-
    39  tor shall be present within the motor vehicle such  that  such  operator
    40  has  the  ability  to monitor such vehicle's performance and resume full
    41  control of the motor vehicle, if necessary.
    42    2. Prior to the commencement of any testing pursuant to this  section,
    43  the  entity  shall  submit to the department an instrument of insurance,
    44  surety bond or proof of self-insurance acceptable to the commissioner in
    45  an amount of not less than five million dollars.
    46    § 6. Article 9 of the general obligations law is amended by  adding  a
    47  new title 3 to read as follows:
    48                                   TITLE 3
    49                             AUTONOMOUS VEHICLES
    50  Section 9-301. Definitions.
    51          9-303. Liability  of original manufacturer, distributor or deal-
    52                   er.
    53    § 9-301. Definitions.  As used in this title:
    54    1. "Autonomous vehicle" shall have the same  meaning  as  provided  in
    55  section one hundred-f of the vehicle and traffic law.

        A. 1037                             3
     1    2.  "Motor vehicle" shall have the same meaning as provided in section
     2  one hundred twenty-five of the vehicle and traffic law.
     3    §  9-303.  Liability  of original manufacturer, distributor or dealer.
     4  The original manufacturer, distributor or  dealer  of  a  motor  vehicle
     5  converted to be an autonomous vehicle by a third party after delivery of
     6  such  motor  vehicle  by such manufacturer, distributor or dealer, shall
     7  not be liable in, shall  have  an  absolute  defense  to  and  shall  be
     8  discharged  from any cause of action commenced by any person for damages
     9  due to an alleged motor vehicle defect caused by the conversion of  such
    10  vehicle  to  an autonomous vehicle, or by any equipment installed upon a
    11  motor vehicle by the person who converted such vehicle to an  autonomous
    12  vehicle, unless such defect is alleged to have been present in the motor
    13  vehicle as originally manufactured.
    14    §  7. The commissioner of motor vehicles shall study the operation and
    15  testing of autonomous vehicles, and shall, on  or  before  February  12,
    16  2019, report his or her findings and recommendations to the governor and
    17  the  legislature.  Such  report  shall  include recommendations and such
    18  legislative proposals as shall be deemed necessary for the safe  testing
    19  and operation of motor vehicles equipped with autonomous technology.
    20    §  8.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.
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