HB 2069 — Establishes provisions relating to autonomous vehicles

SECOND REGULAR SESSION [PERFECTED] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NOS.

2069 & 2208 103RD GENERAL ASSEMBLY 4899H.02C4899H.02P JOSEPH ENGLER, Chief Clerk AN ACT To amend chapter 304, RSMo, by adding thereto nineeight new sections relating to autonomous vehicles.

Chapter 304, RSMo, is amended by adding thereto nineeight new sections, to be known as sections 304.920, 304.923, 304.926, 304.927, 304.928, 304.929, 304.930, 304.931, and 304.932, to read as follows:

(3) "Dynamic driving task fallback", the response by the person or human driver to either perform the dynamic driving task or achieve a minimal risk condition EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.

HCS HBs 2069 & 2208 2 (3) "Dynamic driving task fallback", the response by the person or human driver to either perform the dynamic driving task or achieve a minimal risk condition after occurrence of a dynamic driving task performance-relevant system failure or failures or upon operational design domain exit, or the response by an automated driving system to achieve minimal risk condition, given the same circumstances;

(9) "Request"Person", toa intervene",natural notificationperson, bycorporation, anbusiness automatedtrust, drivingestate, systemtrust, topartnership, alimited humanliability drivercompany, thatassociation, thejoint humanventure, drivergovernmental shouldagency, promptlypublic begincorporation, or resumeany performanceother oflegal part or allcommercial ofentity; the dynamic driving task;

(10) "SAE"Request J3016B",to theintervene", "Taxonomynotification andby Definitionsan forautomated Termsdriving Relatedsystem to Drivinga Automationhuman Systemsdriver forthat On-Roadthe Motorhuman Vehicles",driver publishedshould bypromptly SAEbegin Internationalor inresume Aprilperformance 2021.of part or all of the dynamic driving task;

(11) "SAE J3016B", the "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles", published by SAE International in April 2021.

HCS HBs 2069 & 2208 3 (1) If a failure of the automated driving system occurs that renders the system unable to perform the entire dynamic driving task relevant to its intended operational design domain, the fully autonomous vehicle will achieve a minimal risk condition;

(2) The fully autonomous vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state when reasonable to do soso, including, but not limited to, safely negotiating railroad crossings, unless an exemption has been granted by the department of public safety;safety.

HCSThe HBsdepartment 2069of &public 2208safety 3shall (3)consult Whenwith requiredany byrailroad federalcompany law,operating thein vehiclethis bearsstate thewhen requiredconsidering manufacturer'san certificationexemption labelunder indicatingthis section that ataffects the timeoperation of itsa manufacturefully itautonomous hasvehicle beenat certifiedrailroad tocrossings. be in compliance with all applicable Federal Motor Vehicle Safety Standards, including reference to any exemption granted by the National Highway Traffic Safety Administration.

Any exemption that is granted shall comply with the most recently published edition of the federal highway administration's manual on uniform traffic control devices and any regulations promulgated by the federal motor carrier safety administration;

(3) When required by federal law, the vehicle bears the required manufacturer's certification label indicating that at the time of its manufacture it 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.

Prior to operating a fully autonomous vehicle on the public roads of this state without a human driver, a person shall submit a law enforcement interaction plan to the department of public safety that describes:

3.

A natural person who is not physically situated in the driver's seat of a fully autonomous vehicle and who provides real-time operational and tactical function performance data related to the dynamic driving task fallback, including, but not limited to, real-time braking, steering, acceleration, and transmission shifting, shall be physically present in the United States of America and maintain a validly issued driver's license from a state, territory, or possession of the United States of America.

HCS HBs 2069 & 2208 4 (1) The automated driving system is considered the driver or operator, for the purpose of assessing compliance with applicable traffic or motor vehicle laws and shall be deemed to satisfy electronically all physical acts required by a driver or operator of the vehicle;

An on-demand autonomous vehicle network shall be permitted to operate pursuant to state laws governing the operation of transportation network companies, taxis, or any other ground transportation for-hire of passengers, with the exception that any provision of this chapter that reasonably applies only to a human HCS HBs 2069 & 2208 4 driver would not apply to the operation of fully autonomous vehicles with the automated driving system engaged on an on-demand autonomous vehicle network.

3.

Any corporation or other business entity subject to the provisions of this section shall be subject to personal jurisdiction of the courts of this state consistent with section 506.500.

(1) Such automated driving system will issue a request to intervene whenever the automated driving system is not capable of performing the entire dynamic driving task with the exceptionexpectation that the person will respond appropriately to such a request;

and (2) The automated driving system is capable of being operated in compliance with thisapplicable chapterlaw when reasonable to do so unless an exemption has been granted by the department of public safety.

HCS HBs 2069 & 2208 5 2.

304.930.3.

A(1) fullyThe autonomousowner vehicleof that is also a commercialfully autonomous vehicle asshall definedbe inresponsible sectionfor 301.010any maycivil operateliability pursuantresulting tofrom statethe lawsacts governingor theomissions operation of commercial motor vehicles, except that any provision that by its nature reasonably applies only to a human driver does not apply to such a vehicle operating with the automated driving systemsystem; engaged.

(2) When an automated driving system is engaged in the operation of a motor vehicle and performing the dynamic driving task, the automated driving system shall be deemed a driver for purposes of determining compliance with traffic laws and for civil liability arising from the operation of the motor vehicle;

(3) For the purposes of any civil action alleging negligence arising out of the operation of a motor vehicle while an automated driving system was engaged, the automated driving system shall be evaluated under the careful and prudent person standard applicable to drivers of motor vehicles under section 304.012;

(4) The performance of an automated driving system shall be measured on whether the automated driving system operated the vehicle in a manner consistent with a careful and prudent driver under the same or similar circumstances;

(5) Nothing in this subsection shall be construed to confer legal personhood upon an automated driving system.

The provisions of this subsection solely establish the standard of care applicable to the operation of the vehicle when the automated driving system is engaged.

Unless otherwise provided in this chapter and notwithstanding any other provision of law,law to the contrary, fully autonomous vehicles and automated driving systems are governed exclusively by sections 304.920 to 304.932.

The department shall be the sole agency that may implement the provisions of these sections.sections, except as provided in sections 304.926 to 304.928.

Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies HCS HBs 2069 & 2208 5 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul HCS HBs 2069 & 2208 6 a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.