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: June 7, 2018, 9:16 a.m.

HB 314 - VERSION ADOPTED BY BOTH BODIES

 

3Jan2018... 2447h

05/02/2018   1646s

05/02/2018   1832s

23May2018... 2058-CofC

23May2018... 2102-EBA

2018 SESSION

17-0411

03/01

 

HOUSE BILL 314

 

AN ACT relative to licensing requirements for autonomous vehicle testing and establishing an automated and connected vehicle testing and deployment commission.

 

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

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill establishes licensing requirements for autonomous vehicle operation and testing.  This bill also establishes an automated and connected vehicle testing and deployment commission.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jan2018... 2447h

05/02/2018   1646s

05/02/2018   1832s

23May2018... 2058-CofC

23May2018... 2102-EBA 17-0411

03/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to licensing requirements for autonomous vehicle testing and establishing an automated and connected vehicle testing and deployment commission.

 

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

 

1  New Subdivision; Autonomous Vehicle Testing License.  Amend RSA 261 by inserting after section 140-d the following new subdivision:

Autonomous Vehicle Testing License

261:140-e  Autonomous Vehicle Testing License.

I.  A person may make application to the department, upon blanks furnished by it for that purpose, for an autonomous vehicle testing license.  The application shall be accompanied by:

(a)  Notice to the department that includes the date that research or testing will begin and the general geographic location where research and testing will occur.  Testing may move to other areas with prior notice.

(b)  Evidence that the owner of the vehicle has obtained an instrument of insurance, surety bond, or proof of self-insurance in the amount of at least $10,000,000.

(c)  A signed affidavit that the vehicle will be operated only for the purpose of research or testing.

(d)  Certification that, prior to testing on public roads, the autonomous vehicle has been tested under controlled conditions that simulate, as closely as practicable, the real world conditions that the autonomous vehicle will be subject to during testing.

(e)  Certification that the testing complies with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.

(f)  Certification that the autonomous vehicle used for testing complies with all applicable federal motor vehicle safety standards or written evidence that the National Highway Traffic Safety Administration has granted the autonomous vehicle an exemption from compliance with the relevant standards.

(g)  Proof that a law enforcement interaction plan has been created to instruct the law enforcement agencies that have jurisdiction over a testing area on how to interact with an autonomous vehicle in emergency and traffic enforcement situations.

(h)  The vehicle's registration and information, including license plate information.  If no registration exists, the division shall issue a temporary plate good for one year upon approval of the application.  This plate shall be displayed on the rear of the test vehicle.

II.  The annual fee for an autonomous vehicle testing license shall be $500.  All licenses issued pursuant to the provisions of this section shall expire annually in the month designated by the director.

III.  The director may suspend, revoke, deny, or refuse to renew an autonomous vehicle testing license for any of the following reasons:

(a)  Failure to comply with the rules of the road of this state.

(b)  Any material misstatement on the application for the issuance or renewal of a license.

(c)  A finding that the operation of an autonomous vehicle by the person would create a danger to the public.

(d)  Failure to comply with the other requirements of this section.

IV.  The licensee shall maintain records related to the safety and efficacy of each vehicle operated under the authority of a licensed granted under this section and shall provide periodic summaries of the records to the department, to the New Hampshire department of transportation, and to the National Highway Traffic Safety Administration.

2  New Subdivisions; Special Rules for Autonomous Vehicles; Automated and Connected Vehicle Testing and Deployment Commission.  Amend RSA 265 by inserting after section 161 the following new subdivisions:

Special Rules for Autonomous Vehicles

265:162  Autonomous Vehicles.  No person shall operate or cause the operation of a vehicle using SAE level 5 full automation technology unless the person is licensed for autonomous vehicle testing under RSA 261:140-e, the person is testing the vehicle in conformity with the license, and the tested vehicle is accompanied by an escort vehicle.

Automated and Connected Vehicle Testing and Deployment Commission

265:163  Automated and Connected Vehicle Testing and Deployment Commission.

I.  There is established an automated and connected vehicle testing and deployment commission.

II.  The members of the commission shall be as follows:

(a)  The director of the office of strategic initiatives, or designee.

(b)  The commissioner of the department of transportation, or designee.

(c)  The commissioner of the department of safety, or designee.

(d)  The commissioner of the insurance department, or designee.

(e)  The director of the division of economic development, or designee.

(f)  The director of the division of state police, or designee.

(g)  The director of the division of motor vehicles, or designee.

(h)  Three members of the house of representatives, one of whom shall be a member of the minority party, appointed by of the speaker of the house of representatives.

(i)  One member of the senate, appointed by the president of the senate.

III.  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV.  To prepare the state for the use of automated vehicle technologies on public roadways, the commission shall:

(a)  Follow developments in the testing and deployment of automated and connected vehicle technology, including both federal and state laws, regulations, and guidance on the subject.

(b)  Identify all agencies with pertinent jurisdiction to support the testing and deployment of automated and connected vehicles.

(c)  Consider avenues to encourage the development of automated and connected vehicles technologies and their component hardware and software in New Hampshire, and to that end, shall work with both universities and companies in the sector to support innovation and development.

(d)  Examine ways to educate residents on the benefits of automated and connected vehicle technologies, including enhanced mobility, increased safety, more efficient land use, expanded roadway capacity, and reduced environmental impact.

(e)  Review existing state statues and administrative rules and identify existing statues or rules that impede the testing and deployment of automated and connected vehicles; such review shall include, but not be limited to, existing laws pertaining to vehicle registration and titling, vehicle insurance requirements, drivers' licenses, and general rules of the road.

(f)  Solicit input from representatives of:

(1)  New Hampshire colleges and universities.

(2)  Disabled communities.

(3)  Elder communities.

(4)  Public transportation providers.

(5)  Automated and connected vehicle manufacturers.

(6)  Automated and connected vehicle technology suppliers.

(7)  Automobile dealers.

(8)  The trucking industry.

(9)  Urban planning professionals.

(10)  Any other relevant actors with expertise or interest in the area of automated and connected vehicle technologies.

V.  The commission shall be chaired by the director of the office of strategic initiatives, or his or her designee.  The first meeting of the commission shall be called by the chairperson and shall be held within 45 days of the effective date of this section.  Six members of the commission shall constitute a quorum.

VI.  The commission shall report its initial findings and any recommendations to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2018, and provide annual reports thereafter every November 1.  Such annual reports shall include a summary of commission activities during the period, and may include recommendations for legislative and regulatory consideration.

3  Repeal.  RSA 265:163, relative to the automated and connected vehicle testing and deployment commission, is repealed.

4  Effective Date.

I.  Section 1 of this act and RSA 265:162 as inserted by section 2 of this act shall take effect January 1, 2019.

II.  Section 3 of this act shall take effect December 2, 2022.

III.  The remainder of this act shall take effect upon its passage.

 

LBAO

17-0411

Amended 3/15/18

 

HB 314- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2017-2447h)

 

AN ACT relative to autonomous vehicles.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$49,000

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Other - Reflectorized Plate Fund and Restricted Cost of Collections*

*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.

 

METHODOLOGY:

This bill establishes a license for autonomous vehicle operation and testing.  Licenses will be valid for one year at a cost of $500 and include temporary license plates.  It is unknown how many licenses will be applied for and issued and therefore this bill's impact on state revenue is indeterminable.  The Department of Safety estimates required system programming and testing costs will total $49,000.

 

AGENCIES CONTACTED:

Department of Safety