77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1424
House Bill 2428
Sponsored by Representative GELSER; Representatives BAILEY,
FREDERICK (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes process for issuance of certificate of approval for
operating autonomous vehicles on highways of state. Prescribes
vehicle and operator requirements for autonomous vehicles.
A BILL FOR AN ACT
Relating to autonomous vehicles.
Whereas development of new technology is being actively pursued
that, through the use of computers, sensors and other systems,
permits a motor vehicle to operate without the active control and
continuous monitoring of a human operator; and
Whereas motor vehicles with this technology, referred to as
autonomous vehicles, offer significant potential safety, mobility
and commercial benefits to individuals and businesses in this
state and elsewhere; and
Whereas autonomous vehicles have been operated safely on public
roads in California by entities developing and testing this
technology; and
Whereas the State of Oregon, which presently does not prohibit
or specifically regulate the operation of autonomous vehicles,
desires to encourage the development, testing and operation of
autonomous vehicles on the highways of this state; and
Whereas the State of Oregon seeks to avoid hindering these
activities while at the same time creating appropriate rules to
ensure that autonomous vehicles are operated in a safe manner;
and
Whereas the Legislative Assembly finds it appropriate to
authorize the establishment of specific safety requirements for
the testing and operation of autonomous vehicles, and to require
that future testing and operation of autonomous vehicles in this
state comply with these requirements; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 8 of this 2013 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + Definitions. As used in sections 2 to 8 of
this 2013 Act:
(1) 'Autonomous system' means a system that enables the
operation of a motor vehicle without active physical control or
monitoring by a human operator.
(2) 'Autonomous vehicle' means a motor vehicle equipped with an
autonomous system.
(3) 'Manufacturer' means any person that builds autonomous
vehicles or installs autonomous systems in motor vehicles that
were not originally built as autonomous vehicles. + }
SECTION 3. { + Certificate of approval. (1) A manufacturer of
autonomous vehicles may test the autonomous vehicles on the
highways of this state and sell autonomous vehicles for use on
the highways of this state only if the manufacturer has been
issued a certificate of approval by the Department of
Transportation.
(2) A manufacturer of autonomous vehicles may apply to the
Department of Transportation for certification under this
section. The application shall be in such form as may be
specified by the department. The application must establish that:
(a) The autonomous vehicle and the autonomous system meet all
requirements of section 4 of this 2013 Act; and
(b) The autonomous vehicle will be operated only in the manner
prescribed by section 5 of this 2013 Act.
(3) The department shall adopt rules for the testing of
autonomous vehicles under sections 2 to 8 of this 2013 Act. The
rules shall establish requirements for applications under this
section. The rules shall establish standards for equipment and
for the performance of autonomous vehicles that the department
determines are necessary to ensure the safe operation of
autonomous vehicles on the highways of this state. The rules may
limit the number of autonomous vehicles on the highways of this
state, impose special license requirements for operators of
autonomous vehicles and provide for revocation, suspension or
denial of certification under this section.
(4) A manufacturer of autonomous vehicles must submit proof of
liability insurance with an application made under this section.
The policy must be in an amount of not less than $5 million.
(5) The department may approve an application under this
section only if the department determines the autonomous vehicles
covered by the application are safe to operate on the highways of
this state.
(6) The department by rule shall establish fees for
applications under this section. The fees shall be in an amount
adequate to pay all administrative costs incurred by the
department in administering sections 2 to 8 of this 2013 Act. + }
SECTION 4. { + Vehicle requirements. (1) An autonomous
vehicle may be tested and used on the highways of this state only
if:
(a) The autonomous vehicle has a mechanism to engage and
disengage the autonomous system that is easily accessible to the
operator;
(b) The autonomous vehicle has a visual indicator inside the
autonomous vehicle to indicate when the autonomous system is
engaged;
(c) The autonomous vehicle has a failure alert system to notify
the operator if a system failure is detected;
(d)(A) The failure alert system allows the operator to take
immediate manual control of the autonomous vehicle when a failure
of the autonomous system or other emergency is detected; or
(B) The failure alert system stops the autonomous vehicle if
the operator does not or is unable to take immediate manual
control of the vehicle when a failure of the autonomous system or
other emergency is detected;
(e) The operator may take manual control of the autonomous
vehicle in more than one manner, including but not limited to,
using the brake, the accelerator or the steering wheel; and
(f) The failure alert system must clearly indicate when the
autonomous system is disengaged.
(2) An autonomous vehicle may be operated on the highways of
this state only if the autonomous vehicle and its autonomous
system meet Federal Motor Vehicle Safety Standards for its model
year and meet all other applicable safety standards and
performance requirements established by state and federal law.
(3) An autonomous vehicle may be operated on the highways of
this state only if the autonomous vehicle has a system that
captures and stores the autonomous system sensor data for the
vehicle for at least 30 seconds before a collision occurs. The
system described in this subsection must store data in a
read-only format for a period of not less than three years after
the date of the collision. + }
SECTION 5. { + Operating requirements. An autonomous vehicle
may be tested and used on the highways of this state only if:
(1) The on-board operator possesses the proper class of license
for the type of autonomous vehicle being tested; and
(2) The on-board operator is in the driver's seat of the
autonomous vehicle, is monitoring the operation of the autonomous
vehicle, and is capable of taking over immediate manual control
of the autonomous vehicle in the event of a failure of the
autonomous system or other emergency. + }
SECTION 6. { + Mandatory disclosure by manufacturer of
autonomous vehicle. The manufacturer of an autonomous vehicle
must provide a written discloser to a retail purchaser of the
autonomous vehicle that describes the information that will be
collected by the autonomous system installed in the vehicle and
any use of that information that may be made by the manufacturer
or other persons. + }
SECTION 7. { + Liability of manufacturer. If an autonomous
system is installed in a motor vehicle by a person other than the
person that originally manufactured the motor vehicle, the person
that manufactured the motor vehicle is not liable to any person
for injury or death resulting from a failure of the autonomous
system. + }
SECTION 8. { + Applicability. Sections 2 to 8 of this 2013
Act do not apply to a motor vehicle solely by reason that the
motor vehicle has systems for collision avoidance, electronic
blind spot assistance, automated emergency braking, park assist,
adaptive cruise control, lane keep assist, lane departure warning
or other similar systems that enhance safety or provide driver
assistance but that are not capable of operating the motor
vehicle without the active control or monitoring of a driver. + }
SECTION 9. { + Captions. The section captions used in this
2013 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2013 Act. + }
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