HB 270 — AUTONOMOUS VEHICLES

the vehicle or combination shall have only one e e h n d d i declared gross weight for all operating considerations;

= = o h l ] b ,d i a º e D.

"department" means the taxation and revenue r i = r t e w d department, the secretary of taxation and revenue or any memployee aof nthe odepartment dexercising mauthority :lawfully delegated to that employee by the secretary;

b e d s º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 6 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 employee of the department exercising authority lawfully delegated to that employee by the secretary;

"designated accessible parking space for persons with significant mobility limitation" means any space, including an access aisle, that is marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard with the international symbol of access issued in accordance with Section 66-3-16 NMSA 1978 and that is designated by a conspicuously posted sign bearing the international symbol of access and, if the parking space is paved, by a clearly visible depiction of this symbol painted in blue on the HF1/HCEDC/HB 270 Page 6 pavement of the space;

"distinguishing number" means the number assigned by the department to a vehicle whose identifying h u » r number has been destroyed or obliterated or the number assigned t h g e by the department to a vehicle that has never had an l i h r identifying number;

i s h , e h I.

"distributor" means a person who distributes or t u g e b l sells new or used motor vehicles to dealers and who is not a e e , gh n d d i manufacturer;

= = o h l ] b ,d i a º r J.

"division", without further specification, e r = t e w d "division of motor vehicles" or "motor vehicle division" means mthe adepartment; n o d m :

b r e t º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 7 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 the department;

"driver" means every person who drives or is in actual physical control of a motor vehicle, including a motorcycle, upon a highway, who is exercising control over or steering a vehicle being towed by a motor vehicle or who HF1/HCEDC/HB 270 Page 7 operates or is in actual physical control of an off-highway motor vehicle;

[and ] M.

[M.] N.

"driver's license" means any license, permit or driving authorization card issued by a state or other jurisdiction recognized under the laws of New Mexico pertaining h u » r to the authorizing of persons to operate motor vehicles and t h g e includes a REAL ID-compliant driver's license and a standard l i h r driver's license;

and i s h , e h O.

"dynamic driving task" means all of the t u g e b l real-time operational and tactical functions required to e e , gh n d d i operate a vehicle in on-road traffic, excluding the strategic = = o h l ] b ,d i a º r functions such as trip scheduling and selection of destinations e r = t e w d and waypoints." mSECTION a3. n o d m :

b r e t º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 8 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 SECTION 3.

"off-highway motor vehicle" means any motor vehicle operated or used exclusively off the highways of this HF1/HCEDC/HB 270 Page 8 state and that is not legally equipped for operation on the highways of this state;

"official printout" means any record supplied by the division or a similar agency or government entity that indicates the lienholders of record or owners of record of a vehicle or motor vehicle registered within that government's h jurisdiction or indicates information about a driver's license g o or identification card, including traffic violation history or t hr g e status;

i k h r i s D.

"official traffic-control devices" means all h , t, signs, signals, markings and devices [not inconsistent ] e u g e b l consistent with the Motor Vehicle Code placed or erected, by e e h n d d i authority of a public body or official having jurisdiction, for = = o h l ] b ,d i a º e the purpose of regulating, warning or guiding traffic;

r i = r t e w d E.

"operational design domain" means the specific mconditions under which a ngiven oautomated ddriving msystem :or feature of the system is designed to function;

bF. e d s º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 9 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 conditions under which a given automated driving system or feature of the system is designed to function;

[E.] F.

and [F.] G.

"owner" means a person who holds the legal title of a vehicle and may include a conservator, guardian, personal representative, executor or similar fiduciary, or, in the event that a vehicle is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and HF1/HCEDC/HB 270 Page 9 with an immediate right of possession vested in the conditional vendee or lessee, or, in the event that a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor." SECTION 4.

h "66-1-4.14.

DEFINITIONS.--As used in the Motor Vehicle g o Code:

t hr g e A.

"park" or "parking" means the standing of a i k h r i s vehicle, whether occupied or not, other than temporarily for h , t, the purpose of and while actually engaged in loading and e u g e b l unloading;

e e h n d d i B.

"parking lot" means a parking area provided for = = o h l ] b ,d i a º e the use of patrons of any office of state or local government r i = r t e w d or of any public accommodation, retail or commercial mestablishment; a n o d m :

b e d s º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 10 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 establishment;

"person" means every natural person, firm, copartnership, association, corporation or other legal HF1/HCEDC/HB 270 Page 10 entity;

"placard" or "parking placard" means a card-likecard- hlike u » r device that identifies the vehicle as being currently in use to t h g e transport a person with severe mobility impairment and issued l i h r pursuant to Section 66-3-16 NMSA 1978 to be displayed inside a i s h , e h motor vehicle so as to be readily visible to an observer t u g e b l outside the vehicle;

e e , gh n d d i H.

"platoon" means a series of motor vehicles that = = o h l ] b ,d i a º r are traveling in a unified manner by means of being connected e r = t e w d with wireless communications or other technology allowing for mcoordinated amovement; n o d m :

bI. r e t º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 11 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 coordinated movement;

[H.] I.

[I.J.

]"pole J.trailer" means any vehicle without motive power, designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and HF1/HCEDC/HB 270 Page 11 ordinarily used for transporting long or irregularly shaped loads such as poles, structures, pipes and structural members capable, generally, of sustaining themselves as beams between the supporting connections;

"poleK. trailer" means any vehicle without motive power, designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, structures, pipes and structural members capable, generally, of sustaining themselves as beams between the supporting connections;

[J.

] K.

[K.L.

]"private L.road or driveway" means every way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner, but not other persons;

"private road or driveway" means every way or place in private ownership used for vehicular travel by the h owner and thoseM. having express or implied permission from the g o owner, but not other persons;

and"property towner" hrmeans gthe eowner [L.of a piece of land or the agent of that property owner." SECTION 5.

]Section M.66-7-206 NMSA 1978 (being Laws 1953, Chapter 139, Section 44, as amended) is amended to read:

"property"66-7-206. owner" means the owner of a piece i k h r i s of land or the agent of that property owner." h , t, SECTION 5.

SectionIMMEDIATE 66-7-206NOTICE NMSAOF 1978ACCIDENTS.--The (beingdriver Lawsof 1953,a evehicle, uthe gautonomous emotor bvehicle loperator Chapteror 139,the Sectionautonomous 44,commercial asmotor amended)vehicle isoperator, amendedif applicable, involved in an accident resulting in bodily injury to read:or death of any person or property damage to an apparent extent of five hundred dollars ($500) or more shall immediately, by the quickest means of communication, give notice of the accident to the police department if the accident occurs within a municipality;

e e h n d d i "66-7-206.

IMMEDIATE NOTICE OF ACCIDENTS.--The driver of = = o h l ] b ,d i a º e a vehicle, the autonomous motor vehicle operator or the r i = r t e w d autonomous commercial motor vehicle operator, if applicable, m a n o d m :

b e d s º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 12 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 involved in an accident resulting in bodily injury to or death of any person or property damage to an apparent extent of five hundred dollars ($500) or more shall immediately, by the quickest means of communication, give notice of the accident to the police department if the accident occurs within a municipality;

HF1/HCEDC/HB 270 Page 12 In the case of an autonomous motor vehicle or autonomous commercial motor vehicle operating without a human driver, the owner of that motor vehicle or person working on behalf of the vehicle owner shall be responsible for providing the notice required by this section." SECTION 6.

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, h u » r having due regard for the speed of [such ] the vehicles and the t h g e traffic upon and the condition of the highway.

l i h r B.

The driver of any motor truck or motor vehicle i s h , e h drawing another vehicle when traveling upon a roadway outside t u g e b l of a business or residentresidence district shall not follow another e e , gh n d d i motor truck or motor vehicle drawing another vehicle within = = o h l ] b ,d i a º r three hundred feet, except that this shall not prevent a motor e r = t e w d truck or motor vehicle drawing another vehicle from overtaking mand apassing nany olike dvehicle mor :other vehicle.

b r e t º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 13 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 and passing [by ] any like vehicle or other vehicle.

(1) funeral processions nor shall it apply HF1/HCEDC/HB 270 Page 13 within or outside of a business or residence district to motor vehicle escort vehicles of a motor vehicle escort service, which may, if necessary to maintain the continuity of the escorted unit or units, precede or follow at a distance closer than three hundred feet to the escorted unit or units;

"[NEW"AUTONOMOUS MATERIAL] AUTONOMOUS MOTOR VEHICLES--NOTIFICATION h u » r AND REGULATION OF TESTING.-- t h g e A.

Prior to testing an autonomous motor vehicle or l i h r an autonomous commercial motor vehicle on a public highway in i s h , e h New Mexico, a person owning or operating such a motor vehicle t u g e b l shall notify the department of transportation at least five e e , gh n d d i calendar days in advance of such operation on a form provided = = o h l ] b ,d i a º r by rule by the department of at least the following e r = t e w d information:

m(1) athe nserial onumber dand mtype :of each motor vehicle to be tested;

b r e t º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e - 14 - e a n e d r e l u [ A d HFl/HCEDC/HB 270 (1) the serial number and type of each motor vehicle to be tested;

and HF1/HCEDC/HB 270 Page 14 (4) such additional information as may be required by the department of transportation by rule.

A new section of the Motor Vehicle Code is h enacted to read:

g"AUTONOMOUS o "[NEW MATERIAL] AUTONOMOUS MOTOR VEHICLES--STANDARDS--VEHICLES--STANDARDS--LOCAL t hr g e LOCAL REGULATION.-- i k h r i s A.

Autonomous motor vehicles and autonomous h , t, commercial motor vehicles shall meet all applicable federal e u g e b l motor vehicle safety standards.

Additionally, autonomous motor e e h n d d i vehicles and autonomous commercial motor vehicles shall be = = o h l ] b ,d i a º e capable of being operated in compliance with applicable traffic r i = r t e w d and motor vehicle laws in New Mexico.

mB. a n o d m :

bNo epolitical dsubdivision sof ºthe ostate tmay, nby =ordinance, .220412.2AICresolution Marchor 20,any 2021other (9:27am)means, sprohibit kthe mtesting eor -operation 15of -an eautonomous amotor nvehicle eor dautonomous rcommercial emotor lvehicle uwithin [the Ajurisdictional dboundaries HFl/HCEDC/HBof the political subdivision solely on the basis of the motor vehicle being equipped with an automated driving HF1/HCEDC/HB 270 B.Page 15 system." SECTION 9.

NoEFFECTIVE politicalDATE.--The subdivisioneffective ofdate the state may, by ordinance, resolution or any other means, prohibit the testing or operation of an autonomous motor vehicle or autonomous commercial motor vehicle within the jurisdictionalprovisions boundaries of thethis politicalact subdivisionis solelyJuly on1, the2022. basis of the motor vehicle being equipped with an automated driving system." SECTION 9.

EFFECTIVEHF1/HCEDC/HB DATE.--The270 effectivePage date16 of5 the7 provisions9 of25 this act is Sfl1º STBTCºJuly 1, 2022»STBTC STBTCºJanuary 1, 2023»STBTC»Sfl1 Sfl1ºJuly 1, 2022»Sfl1 .

- 16 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .220412.2AIC March 20, 2021 (9:27am) s k m e e a n e d r e l u [ A d