S 1677 — Establishes fully autonomous vehicle pilot program.*

     a.    f.     beWhen equippedthe withautomated driving system installed on a redundantvehicle safetyis engaged:       (1)   the automated driving system toshall ensurebe aconsidered controlledthe stophuman indriver caseof the vehicle for the purpose of systemassessing failurecompliance with applicable traffic or motor vehicle laws and shall be equippedcapable withof technologyperforming thatall ensuresphysical appropriateacts motorrequired vehicleby control;a human driver of a vehicle;

and      b.   (2)   allow the operatorautomated ordriving emergencysystem respondersshall tobe overrideconsidered autonomouslicensed functions through manual controls of an emergency stop mechanism and allow operators to takeoperate control at any time through various methods, including but not limited to, use of the brake,vehicle. the accelerator pedal, or steering wheel;

     c.    g.    alertIn operatorsaddition whento satisfying the requirements of this section, a person shall not operate a fully autonomous vehicle technologyon hasthe beenpublic disengagedroads andof this State to transport property or passengers in furtherance of a commercial enterprise without a human driver unless:       (1)   the operatorperson isreceives requiredand maintains authorization to takeoperate overfully controlautonomous ofvehicles from the motordepartment vehicle;pursuant to subsection b.

of this section;

and      (2)   the person has provided the New Jersey Division of State Police with a first responder interaction plan.

     However, pursuant to subsection a.

of this section, nothing in this subsection shall be construed to permit the testing or operation under the pilot program of a fully autonomous vehicle that requires a person, pursuant to federal or State law, to possess a commercial driver license.

     h.    Upon receipt of an application pursuant to subsection b.

of this section that is complete and accurate, the department shall approve the application and thereby authorize the applicant to operate a fully autonomous vehicle pursuant to this section.  This authorization shall not expire unless suspended or revoked by the department.  However, prior to receiving this authorization, a person shall provide to the department:       (1)   the name, address, and principal contact information for the person applying for authorization;

     (2)   the vehicle information for the fully autonomous vehicle used for operations;

and      (3)   a written statement certifying that each fully autonomous vehicle complies with subsection d.

of this section.

     i.     The authorization holder shall provide to the department an update to the information required pursuant to subsection h.

of this section no later than 30 days after the information materially changes.  The commissioner may immediately suspend or revoke the authorization if the authorization holder fails to comply with this subsection.  The commissioner shall promptly rescind the suspension or revocation upon receiving the updated information.

     j.     The commissioner may immediately prohibit a human driver or autonomous vehicle tester from operating a fully autonomous vehicle if the commissioner determines that the operation of a fully autonomous vehicle by the human driver or autonomous vehicle tester poses a risk to public safety or that the human driver or autonomous vehicle tester fails to comply with the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     k.    The commissioner shall establish guidelines that prohibit the operation of fully autonomous vehicles in the event of extreme weather, emergency service situations, power outages, and any other circumstances as determined by the commissioner.

     l.     An autonomous vehicle tester that participates in the pilot program shall provide information to the commissioner that the commissioner deems to be appropriate for measuring the performance of the pilot program.  The autonomous vehicle tester may withhold any commercially valuable, confidential, or proprietary information.  However, the withholding of such information shall not impede the department’s ability to measure the performance of the pilot program.

       3.    a.  If the commissioner determines that the fully autonomous vehicle operated by an authorization holder is not in safe operational condition and poses a risk to public safety, the commissioner shall provide the authorization holder for the vehicle with a notice of intent to:       (1)   suspend or revoke the authorization;

or      (2)   impose restrictions on the operation of the vehicle.

     b.    For the purposes of this section, the operation of a fully autonomous vehicle shall be deemed a risk to public safety when the operation creates a substantial risk of death or has caused death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

     c.     The notice of intent issued pursuant to subsection a.

of this section shall:       (1)   summarize the commissioner’s determination and supporting evidence for the determination;

     (2)   provide the authorization holder with a reasonable period of time to:       (a)   correct the issues identified in the commissioner’s determination;

and      (b)   provide to the commissioner the certification required by subsection d.

of this section;

and      (3)   specify which enforcement actions the commissioner will take if the authorization holder fails to provide the required certification within the specified time period.  During this period, the authorization holder may not operate the autonomous vehicle.

     d.    Before the time period specified in a notice of intent expires, the authorization holder shall:       (1)   correct the issues identified by the commissioner in the notice;

and      (2)   provide to the commissioner a certification acknowledging that the issues identified by the commissioner in the notice have been corrected along with an explanation of how the issues have been corrected, such as identifying any operational measures that were implemented.

     e.     The commissioner may extend the period specified in a notice of intent upon a written request for an extension if the commissioner determines that the extension request is reasonable.

     f.     If the authorization holder fails to comply with subsection d.

of this section, the commissioner shall:       (1)   issue a decision, as specified in the notice of intent, that suspends or revokes the authorization, or that imposes restrictions on the operation of the vehicle;

and      (2)   notify the authorization holder of the decision issued by the commissioner.

     g.    Within 10 days of receiving notice of a decision issued by the commissioner pursuant to subsection f.

of this section, an authorization holder may submit a written request to the commissioner for review of the decision.  Within 10 days of the commissioner receiving such a request, the commissioner shall review the decision and issue a final determination to the authorization holder either upholding or rescinding the decision.

     h.    If the commissioner issues a final determination that upholds the decision, an authorization holder may submit a written request for a hearing.  The request shall be submitted within 10 days of the commissioner upholding the commissioner’s decision.  The commissioner shall set a hearing within 10 days of the hearing request and provide the authorization holder, the autonomous vehicle manufacturer, and the manufacturer of the automated driving system the opportunity to present evidence at the hearing.  The hearing shall be conducted by an administrative law judge of the Office of Administrative Law and shall be conducted within 30 days of the commissioner’s final determination upholding the commissioner’s decision.  If a hearing is not held during this period, the authorization issued shall be automatically reinstated or the restriction imposed automatically removed, as applicable.

     i.     The commissioner shall promptly rescind a suspension or revocation, or remove a restriction, if the authorization holder takes the necessary actions, as verified by the commissioner, to comply with subsection d.

of this section.

     4.    A fully autonomous vehicle operated under the pilot program shall:       a.     be equipped with a redundant safety system to ensure a controlled stop in case of system failure and technology that ensures appropriate motor vehicle control;

     b.    allow the human driver or emergency responders to override autonomous functions through manual controls of an emergency stop mechanism and allow human drivers to take control at any time through various methods, including, but not limited to, use of the brake, the accelerator pedal, or steering wheel;

     c.     alert human drivers when the fully autonomous vehicle technology has been disengaged and the human driver is required to take control of the motor vehicle;

     e.     be equipped with crash-avoidance systems, including a camera system and two distinct sensing modalities that are capable of detecting and tracking obstacles in the event of failure of the camera system so that the automated driving system can avoid obstacles while bringing the vehicle to a minimal risk condition, which systems shall be capable of pedestrian detection, automatic emergency braking, and lane keep assist systems;

and      h.    bear a marker that is visible to other drivers and pedestrians to indicate the motor vehicle is a fully autonomous vehicle.vehicle;

       4.   i.     Allbe fullycapable of achieving a minimal risk condition or, when operated by a human driver, issue a request for the autonomous vehicle collisionstester shallto beintervene reported,in alongthe withevent anythe relevantautomated data,driving system fails such that the automated driving system is unable to perform the departmententire withindynamic 48driving hours.task relevant to its intended operational design domain;

       5.   j.     a. be Thecovered departmentby shallmotor establishvehicle newliability fullycoverage autonomousor vehicleself-insurance testingin environments,an includingamount closedequal testbedsto andor open-roadgreater testbeds,than andthe shallamount alsoof makecoverage userequired under the laws of anythis existingState, autonomousand vehicleproof testingof environments.such insurance is submitted to the commission, in a manner and form determined by the commission;

     b.   k.    Thecomply departmentwith shallany identifyapplicable fundingprovision sourcesof toTitle invest39 inof andthe shallRevised coordinateStatutes withor countiesany andother municipalitiesapplicable tolaw deployof smartthis infrastructureState forconcerning fullythe autonomousoperation vehiclesof includingmotor sensorvehicles; equipped roads, communication systems, and real-time traffic management technology.

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     b.   m.   Fullywhen autonomousrequired vehiclesby operatingfederal aslaw, commercialbear trucksthe shallrequired operatemanufacturer’s oncertification designatedlabel highwaysindicating underthat, specificat speedthe andtime weightof restrictionsits setmanufacture, by the departmentvehicle andwas shallcertified requireto appropriatecomply licensingwith forall operatorsapplicable ensuringFederal operatorsMotor areVehicle capableSafety ofStandards, manuallyincluding controllingreference to any exemption granted by the vehicle,National ifHighway needed.Traffic Safety Administration;

and      c.    n.    Platooningsatisfy isany authorizedother forrequirements fullydetermined autonomousby vehiclesthe operatingcommissioner, asin commercialconsultation trucks on highways with athe leadchief vehicleadministrator, controlledas bynecessary anto operator. ensure Trucksthe thatsafe employoperation synchronizedof brakingfully andautonomous accelerationvehicles thatin follow the leadState. vehicle may operate at a level five automation and without a human driver.

       7.   5.    Noa.  laterAn thanautonomous sixvehicle monthstester aftershall completionreport ofa thecrash three-yearinvolving pilotany program,of theits commissionfully shallautonomous submitvehicles to the Governordepartment and,no pursuantlater tothan sectionfive 2calendar ofdays P.L.1991,after c.164receiving (C.52:14-19.1),notice toof the Legislature a reportcrash thatif:  evaluates     the(1)   pilot program and includes recommendations for the safecrash integrationoccurred ofon fullya autonomouspublicly-accessible vehiclesroad onin the highwaysState; of this State.

       8.   (2)   Thethe commissionautomated shalldriving adopt,system in consultation with the department,fully andautonomous pursuantvehicle towas theengaged “Administrativefor Procedureany Act,”amount P.L.1968,of c.410time (C.52:14B-1beginning et30 seq.),seconds rulesprior and regulations to effectuate the purposescommencement of P.L.    ,the c.   crash (C.        )through (pending before the Legislatureconclusion asof thisthe bill).crash;

       9.   (3)   This act shall take effect immediately and shall expire upon the submissioncrash ofresulted thein reporta requiredfatality, toany beindividual submittedbeing pursuanttransported to sectiona 7hospital offor P.L.    ,medical c.   treatment, (C.        )an (pendingairbag beforedeployment, theor Legislatureimpact aswith thisa bill).pedestrian;

 and   STATEMENT        This(4)   bill requires the Newnotice Jerseyof Motor Vehicle Commission (commission), in consultation with the Departmentcrash ofis Transportationreceived (department),at toleast establish10 acalendar three-yeardays pilotafter program to allow autonomous vehicle testers (testers) to operate fully autonomous vehicles (AVs) in the State. effective     date The bill requires the pilot program to be overseen by a task force made up of sevenP.L.    , membersc.    composed(C.        ) of(pending abefore public safety official, a transportation expert, an AV developer, an automobile insurance industry representative, a consumer advocate, and two representatives of the commission. Legislature The task force members are to be appointed by the commission, in consultation with the department.  The bill establishes certain responsibilities for the task force, as outlinedthis inbill). the bill.

     Underb.    theThe bill,report testersrequired areby notsubsection permitteda. to operate AVs in the State unless certain conditions are met, as outlined in the bill.  Additionally, the Chief Administrator of the commission (chief administrator) is permitted to immediately prohibit an operator or tester from operating an AV if the chief administrator determines that such operation poses a risk to public safety or that the operator or AV tester fails to comply with the provisions of the bill.

    of Thethis billsection requiresshall acontain testerall participatingapplicable ininformation therequired pilotby program to provide the chiefThird administratorAmended withStanding certainGeneral informationOrder appropriate2021-01 forissued measuringby the performanceNational ofHighway theTraffic pilotSafety program,Administration butand isshall permittedbe tosubmitted withholdin commerciallya valuable,format confidential,consistent orwith proprietarythe information. requirements The bill further provides that an AV that is operated as part of the pilotorder. program is required to be equipped with certain features and capabilities, as outlined in the bill.

     Underc.     theThe bill,department allshall AVcompile collisionsand arepost toon be reported to the departmentdepartment’s withinInternet 48website hours.  Additionally, the billcrash requiresdata thesubmitted departmentpursuant to establishsubsection newa. AV testing environments and to utilize existing AV testing environments.  The department is required to identify funding sources to invest in and to coordinate with counties and municipalities to deploy smart infrastructure for AVs.

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     Finally,d.    theAn billautonomous requiresvehicle thetester commissionthat tofails submit to thereport Governor and to the Legislature a reportcrash thatpursuant evaluatesto thesubsection pilota. program and includes recommendations for the safe integration of AVs on State highways no later than six months after completion of the three-year pilot program.

of this section to the department shall be liable to the department for a civil penalty, in an amount to be determined by the department, per violation per day.

       6.    A fully autonomous vehicle operated under the pilot program shall not operate in a school zone, a construction zone, or an area with high rates of pedestrian collisions, as determined by the department.

     7.    a.  A motor vehicle dealer or manufacturer that sells, leases, or otherwise transfers a new passenger vehicle that is equipped with a partial automated driving system shall provide the buyer, lessee, or transferee, at or before the time of sale, lease, or transfer, a written disclosure that:       (1)   identifies each partial automated driving system feature installed on the vehicle by its official name;

and      (2)   describes in clear and conspicuous language the function, capabilities, and limitations of each partial automated driving system feature, including the requirement for the driver to remain attentive and in control of the vehicle at all times.

     b.    A manufacturer or dealer shall not use marketing materials, labels, advertisements, or representations that imply or would lead a reasonable person to believe that a partial automated driving system feature renders the vehicle capable of fully autonomous operation or negates the need for a responsible driver.

     c.     A violation of this section shall be considered a violation of the New Jersey consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and shall be subject to enforcement by the Attorney General.

       8.    a.  The department shall establish new fully autonomous vehicle testing environments, including closed testbeds and open-road testbeds, and shall also make use of any existing autonomous vehicle testing environments.

     b.    The department shall identify funding sources to invest in and shall coordinate with counties and municipalities to deploy smart infrastructure for fully autonomous vehicles, including sensor-equipped roads, communication systems, and real-time traffic management technology.

       9.    Fully autonomous vehicles operating as autocabs or taxis, as those terms are defined in R.S.48:16-1, shall only be permitted to operate on designated highways, pursuant to those provisions of State law governing the operation of taxis that can reasonably apply to the operation of fully autonomous vehicles with the automated driving system engaged.  Such vehicles shall be identifiable as fully autonomous vehicles, shall be continuously monitored through data reporting, and shall have communication systems for emergency overrides by law enforcement or other emergency responders.

       10.  In the absence of a human driver, the autonomous vehicle tester shall be liable for:       a.     any property damages sustained due to improper operation of a fully autonomous vehicle;

     b.    traffic law violations, including, but not limited to, improper operations of a fully autonomous vehicle that illegally block access on streets, illegally park on or otherwise block sidewalks or bicycle lanes, violate anti-idling regulations, and illegally pass stop signs or intersection red-lights;

and      c.     crash injuries or fatalities sustained due to improper operation of a fully autonomous vehicle.

       11.  No later than six months after the completion of the three-year pilot program, the department shall submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature a report that evaluates the pilot program and includes recommendations for the safe integration of fully autonomous vehicles on the highways of this State.

       12.  a.  Unless otherwise provided in P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and notwithstanding any other provision of law to the contrary, fully autonomous vehicles and automated driving systems shall be governed exclusively by P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  The department shall be the sole and exclusive State agency that may implement the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     b.    No State agency, political subdivision, municipality, or local entity may prohibit the operation of fully autonomous vehicles or automated driving systems or otherwise enact or keep in force rules or ordinances that would impose taxes, fees, or other requirements specific to the operation of fully autonomous vehicles or automated driving systems in addition to the requirements of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

       13.  The department shall adopt, in consultation with the commission, and pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations strictly necessary to effectuate the purposes of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

       14.  This act shall take effect immediately and shall expire upon the submission of the report required pursuant to section 11 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).