101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2575

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Autonomous Vehicle Act. Defines terms. Provides that a fully autonomous vehicle may drive or operate upon the highways of this State, regardless of whether a human operator is physically present in the vehicle. Provides that when engaged, the automated driving system shall be considered the driver or operator for purposes of assessing conformance to applicable traffic or motor vehicle laws and shall be deemed to satisfy any physical acts required of a driver or operator. Provides that liability for incidents involving a fully autonomous vehicle shall be determined under existing product liability law or common law negligence principles. Preempts home rule powers. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2575LRB101 05553 TAE 50569 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
17    "Fully autonomous vehicle" means a vehicle equipped with an
18automated driving system designed to function without a human
19operator as a level 4 or level 5 system under SAE J3016.
20    "Human operator" means a natural person in a vehicle with
21the capability to perform the entire dynamic driving task.
22    "Operational design domain" means a description of the
23specific operating domain in which an automated driving system

 

 

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1is designed to properly operate, including, but not limited to,
2types of roadways, speed range, environmental conditions, and
3other domain constraints.
4    "SAE J3016" means "Taxonomy and Definitions for Terms
5Related to Driving Automation Systems for On-Road Motor
6Vehicles" published by SAE International in September 2016.
7    "Secretary" means the Secretary of State.
 
8    Section 10. Operation of automated driving system equipped
9vehicles; requirements. Subject exclusively to the provisions
10of this Act, a fully autonomous vehicle may operate upon the
11highways of this State, regardless of whether a human operator
12is physically present in the fully autonomous vehicle. A fully
13autonomous vehicle shall be capable of operating in compliance
14with applicable traffic and motor vehicle laws of this State
15and shall bear the required manufacturer's certification label
16indicating that at the time the vehicle was manufactured, it
17had been certified to be in compliance with all applicable
18federal motor vehicle safety standards.
 
19    Section 15. Traffic and motor vehicle laws.
20    (a) When engaged, the automated driving system shall be
21considered the driver or operator for purposes of assessing
22conformance to applicable traffic or motor vehicle laws.
23    (b) When engaged, an automated driving system shall be
24deemed to satisfy any physical acts required of a driver or

 

 

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1operator including, but not limited to, those required under
2Section 6-112 of the Illinois Vehicle Code. No motor vehicle
3laws of this State shall prohibit an automated driving system
4from being the operator or driver of a motor vehicle.
5    (c) No motor vehicle laws of this State shall require a
6licensed human driver to operate a fully autonomous vehicle.
7    (d) Section 6-101 of the Illinois Vehicle Code does not
8apply to an engaged automated driving system or to a person
9operating a fully autonomous vehicle with the automated driving
10system engaged.
11    (e) Fully autonomous vehicles shall be insured as required
12under the Illinois Vehicle Code.
13    (f) Liability for incidents involving a fully autonomous
14vehicle shall be determined under existing product liability
15law or common law negligence principles. Nothing in this Act is
16intended to affect, alter, or amend any right, obligation,
17liability, or damage apportionment mechanism under existing
18product liability law, common law negligence, or other
19applicable law related to liability, or to otherwise contravene
20or alter rights and duties concerning liability under any
21existing law, agreement, rule, regulation, or treaty.
22    (g) An automated driving system shall be deemed to be in
23compliance with all applicable requirements under Sections
2411-401, 11-402, 11-403, 11-404, and 11-407 of the Illinois
25Vehicle Code if the vehicle owner or person on behalf of the
26vehicle owner promptly contacts a law enforcement agency to

 

 

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1report a crash or if the fully autonomous vehicle has the
2capability of alerting a law enforcement agency of the crash.
3    (h) Section 12-603.1 of the Illinois Vehicle Code applies
4only to human occupants of a motor vehicle. The Child Passenger
5Protection Act applies only to the parent or guardian of the
6child or, if the child's parent or guardian is not present, the
7person accompanying the child.
8    (i) Section 11-1401 of the Illinois Vehicle Code does not
9apply to an automated driving system or fully autonomous
10vehicle when the automated driving system is engaged.
11    (j) Except as otherwise provided in this Act, automated
12driving systems, fully autonomous vehicles, and any commercial
13use of a fully autonomous vehicle are governed exclusively by
14this Act.
 
15    Section 20. Home rule. The regulation of fully autonomous
16vehicles is the exclusive power and function of the State. A
17home rule unit may not regulate fully autonomous vehicles that
18otherwise comply with all laws of the home rule unit. This
19Section is a denial and limitation of home rule powers and
20functions under subsection (h) of Article VII of the Illinois
21Constitution.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.