Bill Text - HB314 (2018)

(Third New Title) relative to licensing requirements for autonomous vehicle testing and establishing an automated and connected vehicle testing and deployment commission.


Revision: Jan. 30, 2017, 10:24 a.m.

HB 314 - AS INTRODUCED

 

 

2017 SESSION

17-0411

03/01

 

HOUSE BILL 314

 

AN ACT relative to autonomous vehicles.

 

SPONSORS: Rep. Steven Smith, Sull. 11; Rep. D. Thomas, Rock. 5

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill establishes equipment requirements and operating restrictions for autonomous vehicles.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0411

03/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to autonomous vehicles.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subparagraph; Rulemaking Authority; Commissioner of Safety.  Amend RSA 21-P:14, V by inserting after subparagraph (u) the following new subparagraph:

(v)  Regulating autonomous vehicles, in accordance with RSA 266:118.

2  New Sections; Motor Vehicles; Words and Phrases Defined.  Amend RSA 259 by inserting after section 5-a the following new sections:

259:5-b  Autonomous Technology.  "Autonomous technology'' means technology installed on a motor vehicle that provides the motor vehicle with the capability to drive without the direct active control or monitoring by a human operator.  The term excludes a motor vehicle equipped with active safety systems or driver assistance systems, including, without limitation, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warning, or traffic jam and queuing assistant, unless any such system alone or in combination with other systems enables the vehicle on which the technology is installed to drive without the direct active control or monitoring by a human operator.

259:5-c  Autonomous Vehicle.  "Autonomous vehicle” means any motor vehicle installed with autonomous technology.

3  New Subdivision; Autonomous Vehicles.  Amend RSA 266 by inserting after section 116 the following new subdivision:

Autonomous Vehicles

266:117  Autonomous Vehicles.

I.  An autonomous vehicle shall:

(a)  Comply with all federal standards and regulations applicable to motor vehicles;

(b)  Have a means to engage and disengage the autonomous technology which is easily accessible to the operator;

(c)  Have a means, inside the vehicle, to visually indicate when the vehicle is operating in autonomous mode;

(d)  Have a means to alert the operator of the vehicle if a technology failure affecting the ability of the vehicle to safely operate autonomously is detected while the vehicle is operating autonomously in order to indicate to the operator to take control of the vehicle; and

(e)  Be capable of being operated in compliance with the uniform rules of the road of this state.

II.  Vehicles equipped with autonomous technology may be operated on roads in this state by employees, contractors, or other persons designated by manufacturers of autonomous technology solely for purposes of testing the technology.  For testing purposes, a human operator with a valid driver's license shall be present in the autonomous vehicle to monitor the vehicle's performance and intervene, if necessary, unless the vehicle is being tested or demonstrated on a closed course.  Prior to the start of testing in this state, the entity performing the testing shall submit to the department of safety, division of motor vehicles, a surety bond or documentation of liability insurance coverage of at least $5 million.

III.  The commissioner shall adopt rules under RSA 541-A implementing this section; provided, that such rules may include:

(a)  Additional requirements that an autonomous vehicle and any person authorized to test such vehicles under this section must meet before operating such vehicles.

(b)  Minimum safety standards for autonomous vehicles and their operation, including, but not limited to, any geographic areas in which autonomous vehicles may not be operated.

IV.  The original manufacturer of a vehicle converted by a third party to an autonomous vehicle shall not be liable in, and shall have a defense to and be dismissed from, any legal action brought against the original manufacturer by any person injured due to an alleged vehicle defect caused by the conversion of the vehicle, unless the manufacturer participated in or facilitated the adaption of the vehicle to autonomous technology or unless the alleged defect was present in the vehicle as originally manufactured.

V.  Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede this section when found to be in conflict with this section.

4  Effective Date.  This act shall take effect January 1, 2018.