99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3136

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Vehicle Code and creates a new Chapter on autonomous vehicles. Defines the terms, "autonomous technology", "autonomous vehicle", "Secretary", "operator", and "manufacturer". Provides for the operation of autonomous vehicles on public roads for testing purposes. Provides that an autonomous vehicle shall not be driven for other than testing purposes unless the manufacturer submits an application meeting certain requirements, and that application is approved by the Secretary of State. Requires the Secretary to adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance, and the submission and approval of an application to operate an autonomous vehicle. Provides that the Secretary shall approve an application if the applicant has submitted all information and completed testing necessary to satisfy the Secretary that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the Secretary. Allows the Secretary to establish additional requirements by the adoption of regulations that he or she deems necessary to ensure the safe operation of autonomous vehicles on public roads. Allows the Secretary to promulgate regulations to assess a fee upon a manufacturer that submits an application to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the Secretary.

LRB099 06124 RJF 26180 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3136

LRB099 06124 RJF 26180 b

1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Vehicle Code is amended by adding

5 the headings of Chapter 12a and Article I and Sections 12a-100,

6 12A-101, 12a-102, 12a-103, 12a-104, and 12a-105 and the heading

7 of Article II and Sections 12a-201 and 12a-202 as follows:

8 (625 ILCS 5/Ch. 12a heading new)

9 CHAPTER 12a. AUTONOMOUS VEHICLES

10 (625 ILCS 5/ Ch. 12a Art. I heading new)

11 ARTICLE I. DEFINITIONS

12 (625 ILCS 5/12a-100 new)

13 Sec. 12a-100. Definition of words and phrases. For the

14 purposes of this Chapter, the following words and phrases shall

15 have the meanings ascribed to them.

16 (625 ILCS 5/12a-101 new)

17 Sec. 12a-101. Autonomous technology. "Autonomous

18 technology" means technology that has the capability to drive a

19 vehicle without the active physical control or monitoring by a

20 human operator.

HB3136

- 2 -

LRB099 06124 RJF 26180 b

1 (625 ILCS 5/12a-102 new)

2 Sec. 12a-102. Autonomous vehicle. "Autonomous vehicle"

3 means any vehicle equipped with autonomous technology that has

4 been integrated into that vehicle. An autonomous vehicle does

5 not include a vehicle that is equipped with one or more

6 collision avoidance systems, including, but not limited to,

7 electronic blind spot assistance, automated emergency braking

8 systems, park assist, adaptive cruise control, lane keep

9 assist, lane departure warning, traffic jam and queuing assist,

10 or other similar systems that enhance safety or provide driver

11 assistance, but are not capable, collectively or singularly, of

12 driving the vehicle without the active control or monitoring of

13 a human operator.

14 (625 ILCS 5/12a-103 new)

15 Sec. 12a-103. Secretary. "Secretary" means the Secretary

16 of State.

17 (625 ILCS 5/12a-104 new)

18 Sec. 12a-104. Operator. An "operator" of an autonomous

19 vehicle is the person who is seated in the driver's seat, or if

20 there is no person in the driver's seat, causes the autonomous

21 technology to engage.

22 (625 ILCS 5/12a-105 new)

HB3136

- 3 -

LRB099 06124 RJF 26180 b

1 Sec. 12a-105. Manufacturer. A "manufacturer" of autonomous

2 technology is the person that originally manufactures a vehicle

3 and equips autonomous technology on the originally completed

4 vehicle or, in the case of a vehicle not originally equipped

5 with autonomous technology by the vehicle manufacturer, the

6 person that modifies the vehicle by installing autonomous

7 technology to convert it to an autonomous vehicle after the

8 vehicle was originally manufactured.

9 (625 ILCS 5/Ch. 12a Art. II heading new)

10 ARTICLE II. OPERATION OF AUTONOMOUS VEHICLES

11 (625 ILCS 5/12a-201 new)

12 Sec. 12a-201. Road testing autonomous vehicles.

13 (a) An autonomous vehicle may be operated on public roads

14 for testing purposes by a driver who possesses the proper class

15 of license for the type of vehicle being operated if all of the

16 following requirements are met:

17 (1) The autonomous vehicle is being operated on roads

18 in this State solely by employees, contractors, or other

19 persons designated by the manufacturer of the autonomous

20 technology.

21 (2) The driver shall be seated in the driver's seat,

22 monitoring the safe operation of the autonomous vehicle,

23 and capable of taking over immediate manual control of the

24 autonomous vehicle in the event of an autonomous technology

HB3136

- 4 -

LRB099 06124 RJF 26180 b

1 failure or other emergency.

2 (3) Prior to the start of testing in this State, the

3 manufacturer performing the testing shall obtain an

4 instrument of insurance, surety bond, or proof of

5 self-insurance in the amount of $5,000,000, and shall

6 provide evidence of the insurance, surety bond, or

7 self-insurance to the Secretary in the form and manner

8 required by the Secretary pursuant to the regulations

9 adopted under subsection (a) of Section 12a-202.

10 (b) Except as provided in subsection (a), an autonomous

11 vehicle shall not be operated on public roads until the

12 manufacturer submits an application to the Secretary, and that

13 application is approved by the Secretary under the regulations

14 adopted in subsection (a) of Section 12a-202. The application

15 shall contain, at a minimum, all of the following

16 certifications:

17 (1) A certification by the manufacturer that the

18 autonomous technology satisfies all of the following

19 requirements:

20 (A) The autonomous vehicle has a mechanism to

21 engage and disengage the autonomous technology that is

22 easily accessible to the operator;

23 (B) The autonomous vehicle has a visual indicator

24 inside the cabin to indicate when the autonomous

25 technology is engaged;

26 (C) The autonomous vehicle has a system to safely

HB3136

- 5 -

LRB099 06124 RJF 26180 b

1 alert the operator if an autonomous technology failure

2 is detected while the autonomous technology is

3 engaged, and when an alert is given, the system shall

4 do either of the following:

5 (i) require the operator to take control of the

6 autonomous vehicle; or

7 (ii) if the operator does not or is unable to

8 take control of the autonomous vehicle, the

9 autonomous vehicle shall be capable of coming to a

10 complete stop;

11 (D) The autonomous vehicle shall allow the

12 operator to take control in multiple manners,

13 including, without limitation; through the use of the

14 brake, the accelerator pedal, or the steering wheel,

15 and it shall alert the operator that the autonomous

16 technology has been disengaged.

17 (E) The autonomous vehicle's autonomous technology

18 meets Federal Motor Vehicle Safety Standards for the

19 vehicle's model year and all other applicable safety

20 standards and performance requirements set forth in

21 State and federal law and the regulations promulgated

22 pursuant to those laws.

23 (F) The autonomous technology does not make

24 inoperative any Federal Motor Vehicle Safety Standards

25 for the vehicle's model year and all other applicable

26 safety standards and performance requirements set

HB3136

- 6 -

LRB099 06124 RJF 26180 b

1 forth in State and federal law and the regulations

2 promulgated pursuant to those laws.

3 (G) The autonomous vehicle has a separate

4 mechanism, in addition to, and separate from, any other

5 mechanism required by law, to capture and store the

6 autonomous technology sensor data for at least 30

7 seconds before a collision occurs between the

8 autonomous vehicle and another vehicle, object, or

9 natural person while the vehicle is operating in

10 autonomous mode. The autonomous technology sensor data

11 shall be captured and stored in a read-only format by

12 the mechanism so that the data is retained until

13 extracted from the mechanism by an external device

14 capable of downloading and storing the data. The data

15 shall be preserved for three years after the date of

16 the collision. The manufacturer of the autonomous

17 technology installed on the vehicle shall provide a

18 written disclosure to the purchaser of an autonomous

19 vehicle that describes what information is collected

20 by the autonomous technology equipped on the vehicle.

21 (2) A certification that the manufacturer has tested

22 the autonomous technology on public roads and has complied

23 with the testing standards, if any, established by the

24 Secretary under subsection (a) of Section 12a-202; and

25 (3) A certification that the manufacturer will

26 maintain a surety bond, or proof of self-insurance as

HB3136

- 7 -

LRB099 06124 RJF 26180 b

1 specified in regulations adopted by the Secretary under

2 subsection (a) of Section 12a-202, in an amount of

3 $5,000,000.

4 (625 ILCS 5/12a-202 new)

5 Sec. 12a-202. Insurance, applications, and adoption of

6 regulations for autonomous vehicle operation.

7 (a) As soon as practicable, the Secretary shall adopt

8 regulations setting forth requirements for the submission of

9 evidence of insurance, surety bond, or self-insurance required

10 by subsection (a) of Section 12a-201, and the submission and

11 approval of an application to operate an autonomous vehicle

12 under subsection (b) of Section 12a-201.

13 (b) The regulations adopted by the Secretary shall include

14 any testing, equipment, and performance standards, in addition

15 to those established for purposes of subsection (a) of Section

16 12a-201, that the Secretary concludes are necessary to ensure

17 the safe operation of autonomous vehicles on public roads, with

18 or without the presence of a driver inside the vehicle. In

19 developing these regulations, the Secretary may consult with

20 the Illinois State Police or any other entity identified by the

21 Secretary that has expertise in automotive technology,

22 automotive safety, and autonomous system design.

23 (c) The Secretary may establish additional requirements by

24 the adoption of regulations, which it determines, in

25 consultation with the Illinois State Police, are necessary to

HB3136

- 8 -

LRB099 06124 RJF 26180 b

1 ensure the safe operation of autonomous vehicles on public

2 roads, including, but not limited to:

3 (1) regulations regarding the aggregate number of

4 deployments of autonomous vehicles on public roads;

5 (2) special rules for the registration of autonomous

6 vehicles;

7 (3) new license requirements for operators of

8 autonomous vehicles; and

9 (4) rules for revocation, suspension, or denial of any

10 license or any approval issued under this Chapter.

11 (d) The Secretary shall approve an application submitted by

12 a manufacturer under subsection (b) of Section 12a-201 if it

13 finds that the applicant has submitted all information and

14 completed testing necessary to satisfy the Secretary that the

15 autonomous vehicles are safe to operate on public roads and the

16 applicant has complied with all requirements specified in the

17 regulations adopted by the Secretary under subsections (a),

18 (b), and (c).

19 (e) If an application seeks approval for autonomous

20 vehicles capable of operating without the presence of a driver

21 inside the vehicle, the Secretary may impose additional

22 requirements and shall hold public hearings on the adoption of

23 any regulation it deems necessary to ensure the safe operation

24 of those vehicles. The Secretary may require the presence of a

25 driver in the driver's seat of the vehicle if it is determined

26 that such a requirement is necessary to ensure the safe

HB3136

- 9 -

LRB099 06124 RJF 26180 b

1 operation of those vehicles on public roads. The Secretary

2 shall notify the General Assembly of the receipt of an

3 application from a manufacturer seeking approval to operate an

4 autonomous vehicle capable of operating without the presence of

5 a driver inside the vehicle, and shall also notify the General

6 Assembly upon approval of the application. Approval of the

7 application shall be effective no sooner than 180 days after

8 the date the application is submitted.

9 (f) The Secretary may promulgate regulations to assess a

10 fee upon a manufacturer that submits an application to operate

11 autonomous vehicles on public roads in an amount necessary to

12 recover all costs reasonably incurred by the Secretary.

13 (g) Nothing in this Section shall limit or expand the

14 existing authority to operate autonomous vehicles on public

15 roads, until 120 days after the Secretary adopts the

16 regulations required by subsection (a). After adoption of any

17 regulations for autonomous vehicle operation, federal

18 regulations promulgated by the National Highway Traffic Safety

19 Administration shall supersede the provisions of this Section

20 when found to be in conflict.

HB3136

- 10 -

LRB099 06124 RJF 26180 b

INDEX

Statutes amended in order of appearance