PRIOR PRINTER'S NO. 1306
PRINTER'S NO. 1354
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
965
Session of
2022
INTRODUCED BY LANGERHOLC, SCAVELLO, FONTANA, STEFANO, PITTMAN,
SCHWANK, MENSCH, DiSANTO, AUMENT, ROBINSON, COSTA AND VOGEL,
JANUARY 5, 2022
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, JANUARY 26, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in certificate of title and security interests,
further providing for content and effect of certificate of
title; in rules of the road in general, further providing for
platooning; in miscellaneous provisions, further providing
for accidents involving death or personal injury, for
accidents involving damage to attended vehicle or property,
for duty to give information and render aid, for accidents
involving damage to unattended vehicle or property and for
immediate notice of accident to police department; in
equipment standards, further providing for promulgation of
vehicle equipment standards; in inspection of vehicles,
further providing for requirement for periodic inspection of
vehicles; in size, weight and load, further providing for
width of vehicles; and, in highly automated vehicles, further
providing for definitions and, providing for construction,
FURTHER PROVIDING FOR HIGHLY AUTOMATED VEHICLE ADVISORY
COMMITTEE AND PROVIDING for operation of highly automated
vehicles without a highly automated vehicle driver on board,
for operation of highly automated vehicles with a highly
automated motor vehicle driver on board, for operation of
highly automated motor carrier vehicles, for operation of
highly automated transportation network service, for
licensing and registration, for insurance, for control and
for regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
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Consolidated Statutes is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Automated driving system" or "ADS." The hardware and
software collectively capable of performing the entire dynamic
driving task on a sustained basis, regardless of whether it is
limited within a specific operational design domain. The term
describes a Level 3, 4 or 5 driving automation system under SAE
J3016.
* * *
"Highly automated vehicle." A motor vehicle equipped with an
ADS AND OWNED BY A FIRM, COPARTNERSHIP, ASSOCIATION, CORPORATION
OR RESEARCH INSTITUTION .
"Highly automated vehicle driver." An individual who:
(1) Drives or is in actual physical control of a highly
automated vehicle located on board the PERFORMS ALL OR PART
OF THE DYNAMIC DRIVING TASK FOR A highly automated vehicle
LOCATED ON BOARD in the driver's position or in a remote
location.
(2) Is an authorized affiliate, employee or contractor
of the owner of the highly automated vehicle.
* * *
"SAE J3016." Surface Vehicle Recommended Practice Taxonomy
and Definitions for Terms Related to Driving Automation Systems
for On-Road Motor Vehicles published by the Society of
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Automotive Engineers (SAE) International in April 2021.
* * *
Section 2. Section 1106(b)(10) and (11) of Title 75 are
amended and the subsection is amended by adding a paragraph to
read:
§ 1106. Content and effect of certificate of title.
* * *
(b) Indication of special use or condition.--No person shall
assign a certificate of title to any vehicle unless the
certificate clearly contains notice of the use or condition if
the vehicle is or has been:
* * *
(10) bearing a VIN plate differing from its original;
[or]
(11) a motor vehicle returned to a vehicle dealer or
manufacturer pursuant to the act of March 28, 1984 (P.L.150,
No.28), known as the Automobile Lemon Law[.]; or
(12) a highly automated vehicle.
Indication of the use or condition shall be deemed part of the
description of the vehicle. Any person violating this subsection
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $200.
* * *
Section 3. Section 3317(d)(4) and (e) of Title 75 are
amended and subsection (d) is amended by adding a paragraph to
read:
§ 3317. Platooning.
* * *
(d) Restrictions.--A platoon shall observe the following
restrictions:
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* * *
(4) [A] Except as provided under paragraph (5), a driver
shall be in each vehicle of a platoon.
(5) Consistent with applicable Federal and State laws,
the lead vehicle may operate with a driver and one nonlead
vehicle may operate with an ADS engaged, with a highly
automated vehicle driver or without a highly automated
vehicle driver.
(e) Plan for general platoon operations.--A person may
operate a platoon on a highway of this Commonwealth if the
person files and reviews a plan for general platoon operations
with the department[. The department shall review the plan] in
consultation with the Pennsylvania State Police and the
Pennsylvania Turnpike Commission, as applicable. [If the plan is
not rejected by the department within 30 days after receipt of
the plan, the person may operate the platoon.]
Section 4. Sections 3742, 3743, 3744, 3745, 3746, 4103, 4702
and 4921 of Title 75 are amended by adding subsections to read:
§ 3742. Accidents involving death or personal injury.
* * *
(a.1) Highly automated vehicles.--If a vehicle under
subsection (a) is a highly automated vehicle operating with an
ADS engaged or without a highly automated vehicle driver on
board, the requirements of this section are satisfied if the
highly automated vehicle stops at the scene of an accident or as
close thereto as possible and remains at the scene of the
accident until the requirements of section 3744 have been
fulfilled.
* * *
§ 3743. Accidents involving damage to attended vehicle or
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property.
* * *
(a.1) Highly automated vehicles.--The following shall apply:
(1) If a vehicle under subsection (a) is a highly
automated vehicle operating with an ADS engaged or without a
highly automated vehicle driver on board, the requirements of
this section are satisfied if the highly automated vehicle
stops at the scene of the accident or as close thereto as
possible and the owner or registrant of the highly automated
vehicle, a person on behalf of the owner or registrant or the
highly automated vehicle immediately contacts the nearest
office of a duly authorized police department to report the
accident.
(2) The highly automated vehicle shall remain at the
scene of the accident or as close thereto as possible until
the owner or registrant of the highly automated vehicle or a
person on behalf of the owner or registrant is informed by a
police officer that the requirements of section 3744 are
fulfilled.
* * *
§ 3744. Duty to give information and render aid.
* * *
(a.1) Highly automated vehicles.--The following shall apply:
(1) If a vehicle under subsection (a) is a highly
automated vehicle operating with an ADS engaged or without a
highly automated vehicle driver on board, the requirements of
this section are satisfied if the owner or registrant of the
highly automated vehicle, a person on behalf of the owner or
registrant or the highly automated vehicle immediately
contacts the nearest office of a duly authorized police
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department to report the accident and communicates the
registration and financial responsibility information for the
highly automated vehicle to the police department.
(2) The highly automated vehicle shall remain at the
scene of the accident or as close thereto as possible until a
police officer confirms to the owner or registrant of the
highly automated vehicle, or a person on behalf of the owner
or registrant, that the requirements of this section are
fulfilled.
* * *
§ 3745. Accidents involving damage to unattended vehicle or
property.
* * *
(a.1) Highly automated vehicles.--The following shall apply:
(1) If a vehicle under subsection (a) is a highly
automated vehicle operating with an ADS engaged or without a
highly automated vehicle driver on board, the requirements of
this section are satisfied if the highly automated vehicle
immediately stops at the scene of the accident or as close
thereto as possible and the owner or registrant of the highly
automated vehicle, a person on behalf of the owner or
registrant or the highly automated vehicle immediately
contacts the nearest office of a duly authorized police
department to report the accident and communicates the
registration and financial responsibility information for the
highly automated vehicle to the police department.
(2) The highly automated vehicle shall remain at the
scene of the accident or as close thereto as possible until a
police officer confirms to the owner or registrant of the
highly automated vehicle, or a person on behalf of the owner
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or registrant, that the requirements of section 3744 are
fulfilled.
* * *
§ 3746. Immediate notice of accident to police department.
* * *
(a.1) Highly automated vehicles.-- If a vehicle under
subsection (a) is a highly automated vehicle operating with an
ADS engaged or without a highly automated vehicle driver on
board, the requirements of this section are satisfied if the
owner or registrant of the highly automated vehicle, a person on
behalf of the owner or registrant or the highly automated
vehicle immediately contacts the nearest office of a duly
authorized police department to report the accident.
* * *
§ 4103. Promulgation of vehicle equipment standards.
* * *
(f) Highly automated vehicles.--A highly automated vehicle
that is designed to operate exclusively by the ADS or a highly
automated driver in a remote location for all trips is not
subject to motor vehicle equipment laws or regulations of this
Commonwealth which:
(1) relate to or support motor vehicle operation by a
driver seated in the vehicle; and
(2) are not relevant for an ADS.
§ 4702. Requirement for periodic inspection of vehicles.
* * *
(c.2) Safety inspection criteria for highly automated
vehicles.--The standards established by the department under
subsection (a) shall apply to highly automated vehicles only in
a manner consistent with the provisions of section 4103(f)
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(relating to promulgation of vehicle equipment standards).
* * *
§ 4921. Width of vehicles.
* * *
(e.3) Highly automated vehicles.--If a highly automated
vehicle is operating on highways of this Commonwealth, a rear
visibility system comprised of a set of devices or components,
which together perform the function of producing the rearview
image, shall be considered a mirror or a similar device to a
mirror, and shall be excluded from the measurement of the width
of the highly automated vehicle consistent with applicable
Federal and State laws.
* * *
Section 5. Section 8501 of Title 75 is amended by adding
definitions to read:
§ 8501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"DDT fallback." The response by a highly automated vehicle
driver or ADS to either perform the DDT or achieve a minimal
risk condition after occurrence of a DDT performance-relevant
system failure or upon operational design domain exit.
"Dynamic driving task" or "DDT." The real-time operational
and tactical functions required to operate a motor vehicle on a
highway, excluding strategic functions, such as trip scheduling
and selection of destinations and waypoints, and including,
without limitation:
(1) Lateral vehicle motion control via steering.
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(2) Longitudinal motion control via acceleration and
deceleration.
(3) Monitoring the driving environment via object and
event detection, recognition, classification and response
preparation.
(4) Object and event response execution.
(5) Maneuver planning.
(6) Enhancing conspicuity via lighting, signaling and
gesturing.
"Minimal risk condition." A stable, stopped condition to
which an individual, a highly automated vehicle driver or ADS
may bring a highly automated vehicle after performing the DDT
fallback in order to reduce the risk of a crash when a given
trip cannot or should not be continued.
"Operational design domain" or "ODD." Operating conditions
under which a given ADS is specifically designed to function,
including, but not limited to, environmental, geographical and
time-of-day restrictions and the requisite presence or absence
of certain traffic or highway characteristics.
"Request to intervene." Notification by an ADS to a highly
automated vehicle driver that the highly automated vehicle
driver should promptly begin or resume performance of part or
all of the DDT or achieve a minimal risk condition.
Section 6. Title 75 is amended by adding sections A SECTION
to read:
§ 8501.1. Construction.
Nothing in this chapter shall be construed to p rohibit a
EXCEPT FOR THE PROVISIONS OF SECTION 8510.1 (RELATING TO
REGULATIONS), NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO:
(1) PROHIBIT A highly automated vehicle driver from
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operating a highly automated vehicle to control all or part
of the DDT . ; OR
(2) PROHIBIT A HIGHLY AUTOMATED VEHICLE FROM OPERATING
WITHOUT A HIGHLY AUTOMATED VEHICLE DRIVER.
SECTION 6.1. SECTION 8503 OF TITLE 75 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 8503. HIGHLY AUTOMATED VEHICLE ADVISORY COMMITTEE.
* * *
(J) SPECIAL REPORTS.--BEGINNING AS SOON AS PRACTICABLE, BUT
NO LATER THAN 18 MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE ADVISORY COMMITTEE SHALL PROVIDE SPECIAL REPORTS TO
THE GENERAL ASSEMBLY, AND POST THE REPORTS ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE, THAT:
(1) EVALUATE THE BENEFITS AND IMPLICATIONS TO THE
COMMONWEALTH'S WORKFORCE.
(2) EVALUATE IMPROVEMENTS TO ACCESSIBILITY AND MOBILITY
FOR PERSONS WITH DISABILITIES.
SECTION 6.2. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
§ 8504. Operation of highly automated vehicles without a highly
automated vehicle driver on board .
A highly automated vehicle with an ADS engaged or without ,
INCLUDING a highly automated vehicle WITHOUT A HIGHLY AUTOMATED
VEHICLE driver on board may operate on highways if the following
apply:
(1) The highly automated vehicle is capable of operating
in compliance with the applicable provisions of and
regulations promulgated under this title, unless an exemption
has been granted by the department or the National Highway
Traffic Safety Administration.
(2) If required under Federal law, the highly automated
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vehicle bears the required manufacturer's certification label
indicating that the highly automated vehicle has been
certified to be in compliance with all applicable Federal
Motor Vehicle Safety Standards, including reference to any
exemption granted by the National Highway Traffic Safety
Administration.
(3) If a failure of an ADS occurs which renders the ADS
unable to perform the entire DDT relevant to its intended
ODD, the highly automated vehicle will achieve or a highly
automated vehicle driver will cause the highly automated
vehicle to achieve a minimal risk condition.
(4) The highly automated vehicle driver in a remote
location is licensed to operate a motor vehicle under this
title.
§ 8505. Operation of highly automated vehicles with a highly
automated vehicle driver on board .
The highly automated vehicle driver on board OR IN A REMOTE
LOCATION must be properly licensed under this title to operate
the appropriate type and class of motor vehicle on highways.
§ 8506. Operation of highly automated motor carrier vehicles.
A highly automated vehicle that is also a motor carrier
vehicle requiring a commercial driver's license under section
1606 (relating to requirement for commercial driver's license)
may operate on highways with an ADS engaged or without a highly
automated vehicle driver on board. The highly automated vehicle
shall operate under Federal and State laws governing commercial
drivers AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES , except
any provision which by its nature reasonably applies only to a
driver shall not apply to a highly automated vehicle with an ADS
engaged or without a highly automated vehicle driver on board .
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This section shall not apply to a school bus.
§ 8507. Operation of highly automated transportation network
service.
If a transportation network service is authorized under the
laws of this Commonwealth, a highly automated vehicle with an
ADS engaged or without a highly automated vehicle driver on
board may operate in a transportation network service or in
combination with other authorized vehicles in the transportation
network service. Any provision of law which by its nature
reasonably applies only to a driver shall not apply to a highly
automated vehicle with an ADS engaged or without a highly
automated vehicle driver on board while logged onto a digital
network of a transportation network service.
§ 8508. Licensing and registration.
The following shall apply:
(1) The ADS is considered the driver of a highly
automated vehicle when the ADS is engaged for the purpose of
assessing compliance under this title and is considered to be
a driver licensed to operate the motor vehicle under section
1501 (relating to drivers required to be licensed). If a
police officer must issue a citation, a police officer shall
cite the owner or registrant of the highly automated vehicle.
(2) The highly automated vehicle driver in a remote
location is considered the driver of a highly automated
vehicle for the purpose of assessing compliance under this
title and is considered to be a driver licensed to operate
the motor vehicle under section 1501. If a police officer
issues a citation, a police officer shall cite the highly
automated vehicle driver.
(3) The requirements under this title relating to
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exhibiting a driver's license and registration card are
satisfied if a vehicle registration card is in the highly
automated vehicle, physically or electronically and available
for inspection by a police officer.
§ 8509. Insurance.
Before a highly automated vehicle with an ADS engaged or
without a highly automated vehicle driver on board operates on
highways, the owner of the highly automated vehicle shall submit
proof of financial responsibility to the department self-
certifying that the highly automated vehicle is covered by
insurance or proof of self-insurance in an amount not to exceed
$5,000,000 THE MINIMUM AMOUNT OF $1,000,000 , which shall satisfy
the applicable laws of this Commonwealth.
§ 8510. Control.
In accordance with section 6101 (relating to applicability
and uniformity of title), this chapter preempts and supersedes
all ordinances relating to highly automated vehicles. A
political subdivision of the Commonwealth may not adopt or
enforce a policy, rule or ordinance that sets standards or
otherwise burdens, prohibits, limits or regulates the operation
of a highly automated vehicle.
§ 8510.1. Regulations.
(a) General rule.--In order to facilitate the prompt
implementation of this subchapter, the department may promulgate
regulations or publish guidelines which are consistent with this
title . THAT INCLUDES THE FOLLOWING:
(1) THE PROCESS FOR RECEIPT REVIEW, AND APPROVAL OF A
REQUEST FOR A HIGHLY AUTOMATED VEHICLE TESTING AUTHORIZATION
WITH OR WITHOUT A HIGHLY AUTOMATED VEHICLE DRIVER ON BOARD.
(2) THE PROCESS FOR RECEIPT AND REVIEW OF A SELF-
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CERTIFICATION PRIOR TO COMMERCIAL DEPLOYMENTS OF A HIGHLY
AUTOMATED VEHICLE. THE DEPARTMENT MUST PROVIDE A RESPONSE
WITHIN 30 DAYS.
(3) THE TYPE AND AMOUNT OF INFORMATION THAT IS NECESSARY
FOR ADEQUATE REVIEW OF AND RESPONSE TO EACH STAGE OF REQUEST
FOR TESTING APPROVAL OR COMMERCIAL DEPLOYMENT.
(4) THE PROCESS AN EMERGENCY SERVICE RESPONDER MUST
FOLLOW WHEN A HIGHLY AUTOMATED VEHICLE WITHOUT A HIGHLY
AUTOMATED VEHICLE DRIVER ON BOARD IS INVOLVED IN AN EMERGENCY
RESPONSE AREA.
(A.1) GUIDELINES.--THE DEPARTMENT SHALL CONSULT WITH THE
ADVISORY COMMITTEE BEFORE PUBLISHING GUIDELINES UNDER SUBSECTION
(A).
(b) Temporary regulations.--Notwithstanding any other
provision of law, regulations promulgated by the department
under this subchapter during the two years following the
effective date of this section shall be deemed temporary
regulations, which shall expire no later than three years
following the effective date of this section or upon
promulgation of final regulations. The temporary regulations
shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Publication.--The department shall transmit any
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temporary regulations promulgated under subsection (b) to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
Section 7. This act shall take effect in 90 days.
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