Rep. Michael J. Zalewski

Filed: 3/24/2017

 

 


 

 


 
10000HB2747ham001LRB100 10521 AXK 23959 a

1
AMENDMENT TO HOUSE BILL 2747

2    AMENDMENT NO. ______. Amend House Bill 2747 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Autonomous Vehicle Act.
 
6    Section 5. Definitions. For purposes of this Act, the
7following definitions apply:
8    "Automated driving system" means hardware and software
9that are collectively capable of performing the entire dynamic
10driving task on a sustained basis, regardless of whether it is
11limited to a specific operational design domain.
12    "Dynamic driving task" means all of the real-time
13operational and tactical functions, as defined in SAE J3016,
14required to operate a vehicle in on-road traffic, except for
15strategic functions, including, but not limited to, trip
16scheduling and the selection of destinations and waypoints.

 

 

10000HB2747ham001- 2 -LRB100 10521 AXK 23959 a

1    "Fully autonomous vehicle" means a vehicle equipped with an
2automated driving system designed to function without a human
3operator as a level 4 or level 5 system under SAE J3016.
4    "Human operator" means a natural person in a vehicle with
5the capability to perform the entire dynamic driving task.
6    "Operational design domain" means a description of the
7specific operating domain in which an automated driving system
8is designed to properly operate, including, but not limited to,
9types of roadways, speed range, environmental conditions, and
10other domain constraints.
11    "SAE J3016" means "Taxonomy and Definitions for Terms
12Related to Driving Automation Systems for On-Road Motor
13Vehicles" published by SAE International in September, 2016.
14    "Secretary" means the Secretary of State.
 
15    Section 10. Operation of automated driving system equipped
16vehicles; requirements. Subject exclusively to the provisions
17of this Act, a fully autonomous vehicle may operate upon the
18highways of this State, regardless of whether a human operator
19is physically present in the fully autonomous vehicle. A fully
20autonomous vehicle shall be capable of operating in compliance
21with applicable traffic and motor vehicle laws of this State
22and shall bear the required manufacturer's certification label
23indicating that at the time the vehicle was manufactured, it
24had been certified to be in compliance with all applicable
25federal motor vehicle safety standards.
 

 

 

10000HB2747ham001- 3 -LRB100 10521 AXK 23959 a

1    Section 15. Traffic and motor vehicle laws.
2    (a) When engaged, the automated driving system shall be
3considered the driver or operator for purposes of assessing
4conformance to applicable traffic or motor vehicle laws.
5    (b) When engaged, an automated driving system shall be
6deemed to satisfy any physical acts required of a driver or
7operator including, but not limited to, those required under
8Section 6-112 of the Illinois Vehicle Code. No motor vehicle
9laws of this State shall prohibit an automated driving system
10from being the operator or driver of a motor vehicle.
11    (c) No motor vehicle laws of this State shall require a
12licensed human driver to operate a fully autonomous vehicle.
13    (d) Section 6-101 of the Illinois Vehicle Code shall not
14apply to an engaged automated driving system or to a person
15operating a fully autonomous vehicle with the automated driving
16system engaged.
17    (e) Fully autonomous vehicles shall be insured as required
18under the Illinois Vehicle Code.
19    (f) Liability for incidents involving a fully autonomous
20vehicle shall be determined under existing product liability
21law or common law negligence principles. Nothing in this Act is
22intended to affect, alter, or amend any right, obligation,
23liability, or damage apportionment mechanism under existing
24product liability law, common law negligence, or other
25applicable law related to liability, or to otherwise contravene

 

 

10000HB2747ham001- 4 -LRB100 10521 AXK 23959 a

1or alter rights and duties concerning liability under any
2existing law, agreement, rule, regulation, or treaty.
3    (g) An automated driving system shall be deemed to be in
4compliance with all applicable requirements under Sections
511-401, 11-402, 11-403, 11-404, and 11-407 of the Illinois
6Vehicle Code if the vehicle owner or person on behalf of the
7vehicle owner promptly contacts a law enforcement agency to
8report a crash or if the fully autonomous vehicle has the
9capability of alerting a law enforcement agency of the crash.
10    (h) The requirements under Section 12-603.1 of the Illinois
11Vehicle Code shall be the responsibility of and apply only to
12human occupants of a motor vehicle. The requirements of the
13Child Passenger Protection Act shall be the responsibility of
14and apply only to the parent or guardian of the child or, if
15the child's parent or guardian is not present, the person
16accompanying the child.
17    (i) The provisions of Section 11-1401 of the Illinois
18Vehicle Code shall not apply to an automated driving system or
19fully autonomous vehicle when the automated driving system is
20engaged.
21    (j) Except as otherwise provided in this Act, automated
22driving systems, fully autonomous vehicles, and any commercial
23use of a fully autonomous vehicle are governed exclusively by
24this Act.
 
25    Section 20. Home rule. The regulation of fully autonomous

 

 

10000HB2747ham001- 5 -LRB100 10521 AXK 23959 a

1vehicles is the exclusive power and function of the State. A
2home rule unit may not regulate fully autonomous vehicles that
3otherwise comply with all laws of the home rule unit. This
4Section is a denial and limitation of home rule powers and
5functions under subsection (h) of Article VII of the Illinois
6Constitution.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".