SB229 By Senator Allen RFD Transportation and Energy Rd 1 25-FEB-20

SYNOPSIS: This bill would further provide for the operation of automated commercial motor vehicles and commercial motor vehicles with teleoperation systems. The bill would require any automated motor vehicle or commercial motor vehicle with a teleoperation system to be approved by the Alabama State Law Enforcement Agency and the Department of Transportation and would provide criminal penalties and authorize impoundment or immobilization of the vehicle. The bill would also require routes that a vehicle uses to be approved by the Department of Transportation. The bill would specify that the Alabama State Law Enforcement Agency, the Department of Revenue, and the Department of Transportation could adopt rules for the operation of automated commercial motor vehicles and teleoperation systems.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

To amend Sections 1, 2, 3, 6, and 7 of Act 2019-496 of the 2019 Regular Session, now appearing as Sections 32-9B-1, 32-9B-2, 32-9B-3, 32-9B-6, and 32-9B-7, Code of Alabama 1975, to further provide for the operation of automated commercial motor vehicles and commercial motor vehicles with teleoperation systems.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 1, 2, 3, 6, and 7 of Act 2019-496 of the 2019 Regular Session, now appearing as Sections 32-9B-1, 32-9B-2, 32-9B-3, 32-9B-6, and 32-9B-7, Code of Alabama 1975, are amended to read as follows:

§32-9B-1.

"For the purposes of this chapter, the following words shall have the following meanings:

"(1) AUTOMATED COMMERCIAL MOTOR VEHICLE. A commercial motor vehicle equipped with an automated driving system.

"(2) AUTOMATED DRIVING SYSTEM. The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.

"(3) COMMERCIAL MOTOR VEHICLE. A commercial motor vehicle as defined in Section 32-9A-1.

"(4) CONVENTIONAL DRIVER. A driver who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle.

"(5) DYNAMIC DRIVING TASK. All of the real-time operational and tactical functions required to operate a vehicle in on-road traffic excluding strategic functions such as trip scheduling, and selection of destinations, and waypoints, and navigation of all infrastructure, roadway variations, and roadway hazards.

"(6) MINIMAL RISK CONDITION. A condition to which a user or an automated driving system may bring a vehicle in order to reduce the risk of a crash upon experiencing a failure of the vehicle's automated driving system or subsystem that renders the vehicle unable to perform the entire dynamic driving task by removing the automated commercial motor vehicle out of the lane of travel, bringing the vehicle to a stop out of the lane of travel, and summoning law enforcement.

"(7) OPERATE. Exercising full operational command and control of vehicle functions, including, but not limited to, steering, accelerating, braking, and issuing instructions to the vehicle.

"(7)(8) OPERATIONAL DESIGN DOMAIN. A description of the specific operating domain in which an automated commercial motor vehicle is designed to properly operate, including, but not limited to, roadway types, speed, environmental conditions, and other domain constraints.

"(8)(9) REMOTE DRIVER. A natural person who is not seated in a commercial motor vehicle, but is able to perform the entire dynamic driving task.

"(9)(10) TELEOPERATION SYSTEM. Hardware and software installed on a commercial motor vehicle that allow a remote driver to operate the motor vehicle.

§32-9B-2.

"(a) Unless otherwise provided by this chapter, an automated commercial motor vehicle and a teleoperation system, including any commercial use or operation of either, are governed exclusively by this chapter.

"(b) Notwithstanding any other provision of law, the Alabama State Law Enforcement Agency, Department of Revenue, and the Department of Transportation is the sole and exclusive state agency with jurisdiction over shall have authority to individually adopt rules relating to each agency's or department's existing regulatory authority or to jointly adopt rules for the operation of automated commercial motor vehicles and teleoperation systems that may implement this chapter and the enforcement of this chapter, except the Department of Transportation shall continue to have exclusive authority to adopt rules relating to the oversize and overweight permitting of automated commercial motor vehicles and commercial motor vehicles with teleoperation systems operating in this state.

"(c) A political subdivision of this state or a state agency may not impose requirements, including taxes or performance standards, related specifically to the operation of a teleoperation system or automated commercial motor vehicle in addition to the requirements of this chapter.

"(c) (1) Prior to operation in this state, an automated commercial motor vehicle or commercial motor vehicle with a teleoperation system shall be tested and approved by the Alabama State Law Enforcement Agency and the Department of Transportation.

"(2) Any person violating this subsection, upon conviction, shall be fined one hundred dollars ($100) for each violation and the automated commercial motor vehicle or commercial motor vehicle equipped with a teleoperation system may be impounded or immobilized by a law enforcement officer.

"(3) Upon adoption of comprehensive federal law relating to the operation of an automated commercial motor vehicle and a commercial motor vehicle equipped with a teleoperation system, the testing provided in this subsection shall not be required.

§32-9B-3.

"(a) Notwithstanding any other provision of law, an An automated commercial motor vehicle may operate in this state without a conventional driver physically present in the vehicle if the vehicle meets all of the following criteria:

"(1) The automated commercial motor vehicle is capable of operating in compliance with applicable federal law and the traffic and motor vehicle laws of this state, including without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.

"(2) The automated commercial motor vehicle is registered and titled in accordance with the laws of this state.

"(3) The automated commercial motor vehicle is certified in accordance with 49 C.F.R. Part 567 as being in compliance with federal motor vehicle safety standards and bears the required certification label or labels, including reference to any exemption granted under applicable federal law.

"(4) The automated commercial motor vehicle can achieve a minimal risk condition if a failure occurs rendering the vehicle unable to perform the dynamic driving task relevant to its intended operational design domain or if the vehicle exits its operational design domain.

"(5) The automated commercial motor vehicle is covered by motor vehicle liability coverage in an amount not less than two million dollars ($2,000,000).

"(b) An automated commercial motor vehicle shall only be operated on a route that is chosen and permitted for use by the Department of Transportation.

"(6)(c) The registration of an automated commercial motor vehicle shall not be interpreted to abrogate or amend any statutory or regulatory provisions or any aspects of common law pertaining to liability for any harm or injury caused.

§32-9B-6.

"(a) Notwithstanding any other provision of this chapter, a A commercial motor vehicle equipped with a teleoperation system may operate without a conventional driver physically present in the vehicle if a remote driver located in this state is operating the vehicle and if the remote driver only operates one commercial motor vehicle equipped with a teleoperation system at any given time.

"(b) When a remote driver is operating a commercial motor vehicle, the remote driver is considered to be the operator of the vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws, including the rules of the road, and for the purpose of any charge for a violation of Title 13A or this title. Extradition of a person charged pursuant to this section shall be governed by Chapter 9 of Title 15.

"(c) The remote driver shall hold the proper class of license required for a conventional driver to operate the vehicle.

"(d) When an accident occurs involving a commercial motor vehicle equipped with a teleoperation system, the requirements of Chapter 10 of this title shall be deemed satisfied if the vehicle remains on the scene of the accident and the owner or remote driver promptly contacts appropriate law enforcement entities and communicates the information required by Chapter 10 of this title.

"(e) In the event of an accident involving a commercial motor vehicle equipped with a teleoperation system, the remote driver who is operating the vehicle shall be subject to Section 32-6-49.13, regardless of the jurisdiction in which the remote driver is physically present. A remote driver is deemed to have given consent, subject to provisions of Section 32-5-192, to take a test or tests of the remote driver's blood, breath, or urine for the purpose of determining that person's alcohol concentration, or the presence of other drugs. Subdivision (1) of subsection (b) of Section 32-6-49.13 shall be deemed satisfied if the test or tests are administered in cooperation with local law enforcement officials in the jurisdiction where a remote driver is present. The results of any test shall be provided to Alabama law enforcement agencies.

§32-9B-7.

"(a) A commercial motor vehicle equipped with a teleoperation system registered in this state shall meet all of the following requirements:

"(1) Is in compliance with applicable federal law.

"(2) Is certified in accordance with federal regulations in 49 C.F.R. Part 567 as being in compliance with applicable federal motor vehicle safety standards and shall bear the required certification label or labels, including reference to any exemption granted under applicable federal law.

"(3) Is capable of being operated in compliance with the applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operated by a remote driver, including, without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.

"(4) Is covered by motor vehicle liability coverage in an amount of not less than two million dollars ($2,000,000).

"(5) Is able to achieve a reasonably safe state minimum risk condition, such as bringing the vehicle to a stop, if a failure of the teleoperation system occurs that renders the remote driver unable to perform the entire dynamic driving task for the vehicle.

"(b) A commercial motor vehicle with a teleoperation system shall only be operated on a route that is chosen by and permitted for use by the Department of Transportation."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Transportation Department

Automated Vehicles

Revenue Department

Alabama State Law Enforcement Agency

Highways, Roads, and Bridges

Acts Amended

Code Amended