SB 292 — Autonomous Systems Amendments

- 3 - SB0292 compared with SB0292S02 (i) a marker that clearly identifies the name and contact information of the eligible entity operating the personal delivery device and a unique identification number;

(ii) a braking system that enables the personal delivery device to come to a controlled stop;

and (iii) if the personal delivery device is being operated between sunset and sunrise, a light on both the front and rear of the personal delivery device that is visible on all sides of the personal delivery device in clear weather from a distance of at least 500 feet to the front and rear of the personal delivery device when directly in front of low beams of headlights on a motor vehicle.

(3) A personal delivery device operator may not allow a personal delivery device to do any of the following:

(a) fail to comply with traffic or pedestrian control devices and signals;

(b) unreasonably interfere with pedestrians or traffic;

or (c) transport hazardous material that is:

(i) regulated under 49 U.S.C.

Chapter 51, Transportation of Hazardous Material;

and (ii) required to be placarded under 49 C.F.R., Part 172, Subpart F, Placarding.

(4) (a) When operating on a highway, the personal delivery device:

(i) shall operate as close as practicable to the edge of the highway in the direction of authorized traffic movement;

and (ii) except as provided in Subsection (4)(b), may not travel in the main-traveled way.

(b) Notwithstanding Subsection (4)(a), a personal delivery device:

(i) if practical and with due regard for safety and traffic conditions may temporarily operate in the main- traveled way to avoid a parked car or other obstacle on the edge of the highway;

and (ii) shall return to the edge of the highway as described in Subsection (4)(a) as soon as conditions allow.

(c) Notwithstanding Subsections (4)(a) and (b), a personal delivery device may not operate on a:

(i) highway with a speed limit of 45 miles per hour or higher;

or (ii) limited access highway.

(5) A personal delivery device has the rights and obligations applicable to a pedestrian under the same circumstances, except that a personal delivery device shall yield the right-of-way to a pedestrian.

(6) A person may not operate a personal delivery device unless the person complies with this section.

(7) An eligible entity is responsible for both of the following:

- 4 - SB0292 compared with SB0292S02 (a) a violation of this section that is committed by a personal delivery device operator operated for the benefit of the eligible entity;

and (b) any other circumstance, including a technological malfunction, in which a personal delivery device operates in a manner prohibited by Subsection (3).

(8) (a) Following discussions with and input from eligible entities, a local authority or political subdivision may reasonably regulate the operation of personal delivery devices on a highway or pedestrian area.

(b) This section does not affect the authority of a peace officer of a local authority or political subdivision to enforce the laws of this state relating to the operation of a personal delivery device.

(9) A violation of this section is an infraction.

41-26-102.1.41-26-102.1 .

{(a)}(1) {[}"ADS-dedicated "ADS-dedicated{]} "ADS-equipped} vehicle" means a vehicle:

(i){(a)}(a) designed to be operated {[exclusivelyexclusively ]} by a level four ADS or level five ADS for all trips within the given operational design domain limitations of the ADS, if any[.] ;

and (ii){(b)}(b) that conforms to all applicable U.S.

{(2)}(2) {(a)} "ADS-equipped vehicle" means a vehicle with a level three, level four, or level five ADS that is designed for:

(a) complete trips in driverless operation under routine or normal operating conditions within the vehicle's operationoperational design domain;

[(2)] (3)(3)(a) (a) "Automated driving system" or "ADS" means the hardware and software that are:

and (ii) {that conforms } conforming to all applicable U.S.

- 5 - SB0292 compared with SB0292S02 (b) "Automated driving system" or "ADS" is used specifically to describe a level three, four,- or2 five- drivingEnrolled automationCopy system.S.B.

292 four, or five driving automation system.

[(5)] (6)(6)(a) (a) "Dispatch" means to place an ADS-equipped vehicle into service in driverless operation by engaging the ADS.

[(11)] (12)(12)(a) (a) "Dynamic driving task" means all of the real-time operational and tactical functions required to operate a motor vehicle in on-road traffic, including:

- 6 - SB0292 compared with SB0292S02 (ii) longitudinal motion control through acceleration and deceleration;

and (vi)- enhancing3 conspicuity- withS.B. lighting, signaling, and gesturing.

292 Enrolled Copy (vi) enhancing conspicuity with lighting, signaling, and gesturing.

[(15)] (16)(16)(a) (a) "Human driver" means a natural person who performs in real-time all or part of the dynamic driving task.

[(16) "Level five automated driving system" or "level five ADS" means an ADS feature that has the capability to perform on a sustained basis the entire dynamic driving task under all conditions that can reasonably be managed by a human driver, as well as any maneuvers necessary to respond to a system failure, without any expectation that a human user will respond to a request to intervene.] [(17) "Level four automated driving system" or "level four ADS" means an ADS feature that, without any expectation that a human user will respond to a request to intervene, has:] - 7 - SB0292 compared with SB0292S02 [(a) the capability to perform on a sustained basis the entire dynamic driving task within its operational design domain;

or] [(ii) a system failure.] [(18) "Level three automated driving system" or "level three ADS" means an ADS feature that:]- [(a)4 has- theEnrolled capabilityCopy toS.B. perform on a sustained basis the entire dynamic driving task within its operational design domain;

and]292 [(b)that:] requires[(a) ahas fallback-ready user to operate the vehiclecapability after receiving a request to interveneperform oron in response to a systemsustained failure.]basis (16){(17)}the "Levelentire fivedynamic ADS" means a level five automated driving systemtask aswithin definedits inoperational SAEdesign Internationaldomain; Standard J3016_202104, "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as adopted by the National Highway Traffic Safety Administration.

(17){(18)}and] [(b) requires a fallback-ready user to operate the vehicle after receiving a request to intervene or in response to a system failure.] (17) "Level fourfive ADS" means a level fourfive automated driving system as defined in SAE International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as adopted by the National Highway Traffic Safety Administration.

(18){(19)}(18) "Level threefour ADS" means a level threefour automated driving system as defined in SAE International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as adopted by the National Highway Traffic Safety Administration.

(19){(20)}(19) "Level twothree DAS"ADS" means a level twothree drivingautomated automationdriving system as defined in SAE International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as adopted by the National Highway Traffic Safety Administration.

[(19)](20) (20){(21)}"Level "Minimaltwo riskDAS" condition" means a conditionlevel totwo whichdriving aautomation usersystem oras andefined ADSin maySAE bringInternational aStandard motorJ3016_202104, vehicle"Taxonomy inand orderDefinitions for Terms Related to reduceDriving theAutomation riskSystems offor aOn-Road crashMotor whenVehicles," aApril given2021 tripedition, cannotas oradopted shouldby notthe beNational completed.Highway Traffic Safety Administration.

-[(19)] 8(21) -"Minimal SB0292risk comparedcondition" withmeans SB0292S02a [(20)]condition (21){(22)}to "Objectwhich anda eventuser detectionor andan response"ADS meansmay bring a motor vehicle in order to reduce the subtasksrisk of thea dynamiccrash drivingwhen taska thatgiven include:trip cannot or should not be completed.

[(20)] (22) "Object and event detection and response" means the subtasks of the dynamic driving task that include:

[(21)] (22){(23)}(23) "On-demand autonomous vehicle network" means a transportation service network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with motor vehicles that have a level four or five ADS in driverless operation for purposes of transporting persons, including for-hire transportation and transportation for compensation.

[(22)] (23){(24)}(24) "Operate" means the same as that term is defined in Section 41-1a-102.

[(23)]- (24){(25)}5 "Operational- designS.B. domain" means the operating conditions under which a given ADS or feature thereof is specifically designed to function, including:

292 Enrolled Copy [(23)] (25) "Operational design domain" means the operating conditions under which a given ADS or feature thereof is specifically designed to function, including:

[(24)] (25){(26)}(26) "Operator" means the same as that term is defined in Section 41-6a-102.

[(25)] (26){(27)}(27) "Passenger" means a user on board a vehicle who has no role in the operation of that vehicle.

[(26)] (27){(28)}(28) "Person" means the same as that term is defined in Section 41-6a-102.

[(27)] (28){(29)}(29) "Remote driver" means a human driver with a valid driver license who is not located in a position to manually exercise in-vehicle braking, accelerating, steering, or transmission gear selection input devices, but operates the vehicle.

[(28)] (29){(30)}(30) "Request to intervene" means the notification by an ADS to a fallback-ready user indicating that the fallback-ready user should promptly begin or resume operation of the vehicle.

[(29)] (31) {"Sustained"Sustained operation of a motor vehicle" means the performance of part or all of the dynamic driving task both between and across external events, including response to external events and continued performance of part or all of the dynamic driving task in the absence of external events.]}events. [(30)] (32) "System failure" means a malfunction in a driving automation system or other vehicle system that prevents the ADS from reliably performing the portion of the dynamic driving task on a sustained basis, including the complete dynamic driving task[, that the ADS would otherwise perform].

-[(30)] 9(32) -"System SB0292failure" comparedmeans witha SB0292S02malfunction [(31)]in (33)a "User"driving meansautomation a:system or other vehicle system that prevents the ADS from reliably performing the portion of the dynamic driving task on a sustained basis, including the complete dynamic driving task[, that the ADS would otherwise perform].

[(31)] (33) "User" means a:

41-26-104.41-26-104 .

(1)(1)(a) (a) When an ADS is operating a motor vehicle, the ADS is the operator, and shall satisfy electronically all physical acts required by a conventional driver in operation of the vehicle.

(b)- The6 ADS- isEnrolled responsibleCopy forS.B. the compliant operation of the vehicle and is not required to be licensed to operate the vehicle.

(2)292 (a)(b) IfThe a vehicle with an engaged level three ADS issues a request to intervene, the ADS is responsible for the compliant operation of the vehicle untiland disengagementis ofnot required to be licensed to operate the ADS.vehicle.

(2)(a) If a vehicle with an engaged level three ADS issues a request to intervene, the ADS is responsible for the compliant operation of the vehicle until disengagement of the ADS.

(3) The ADS is responsible for compliant operation of an [ADS-dedicated{][ADS-dedicated ADS-equipped} vehicle] ADS-equipped vehicle when the ADS is engaged.

63I-1-278.63I-1-278 .

- 10 - SB0292 compared with SB0292S02 (6) In Section 78B-6-702, the following definitions are repealed on July 1, 2030:

(7) Subsections 78B-6-703(3) and (4), related to product defects for automated driving systems, isare repealed on July 1, 2030.

Section 478B-4-901 is enacted to read:

78B-4-901.Part 9.

Definitions.

9.

- 7 - S.B.

292 Enrolled Copy 78B-4-901 .

Definitions.

(1){(2)}(2) "ADS-equipped vehicle" means the same as that term is defined in Section 41-26-102.1.

(2){(3)}(3) "Automated driving system" means the same as that term is defined in Section 41-26-102.1.

(3){(4)}(4) "Developer" means a person that designs, creates, or produces the software or algorithms that constitute an automated driving system.

(4){(5)}(5) "Driverless operation" means the operation of a motor vehicle exclusively by a level four or level five automated driving system.

(5){(6)}(6) {"Fallback-ready user} "Dynamic driving task" means the same as that term is defined in Section 41-26-102.1.

{(6) {"Human driver" means the same as that term is defined in Section 41-26-102.1.} } (7) "Level five ADS" means the same as that term is defined in Section 41-26-102.1.

{(9)(9) {"Level three ADS" means the same as that term is defined in Section 41-26-102.1.} } {(10) {"Level two DAS" means the same as that term is defined in Section 41-26-102.1.} } (11){(9)} "Manufacturer" means a person that manufactures, assembles, or produces an ADS-equipped vehicle or the hardware components of an automated driving system.

-(10) 11 - SB0292 compared with SB0292S02 (12){(10)} "Noneconomic loss" means nonpecuniary harm that results from an injury or loss to a person or property, including:

(13){(11)}(11) {"Request to intervene} "Operational design domain" means the same as that term is defined in Section 41-26-102.1.

Section 578B-4-902 is enacted to read:

78B-4-902.78B-4-902 .

(1) Subject to Subsections (2), (3)(3), , and (4), in an action relating to an ADS-equipped vehicleorvehicle or an ADS-dedicated vehicle, the amount of the award for noneconomic losses, if any, may not exceed {$450,000} $1,000,000.

(3) In an action relating to {an ADS-equipped vehicle} a level four ADS or level five ADS under this chapter, punitive damages may not be awarded.

(4)- For8 a- claimEnrolled broughtCopy underS.B. Section 78B-4-903, the recoverable amount may not exceed the amount described in Subsection {78B-4-903(1)(e)} 78B-4-903(1)(c).

292 (4) For a claim brought under Section 78B-4-903, the recoverable amount may not exceed the amount described in Subsection 78B-4-903(1)(c).

Section 678B-4-903 is enacted to read:

78B-4-903.78B-4-903 .

(1)(1)(a) (a) This section applies only to an incident that occurred {while } related to an ADS-dedicated vehicle or an ADS-equipped vehicle {operated in driverless operation} that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task.

(b) This section does not apply to an incident that involves any driving assistance or task not performed by {an ADS-equipped vehicle while } the automated driving systemsystem. {is operating} .

-(c) 12 - SB0292 compared with SB0292S02 {(c) {An action brought under this section is the exclusive civil remedy for injury or property damage arising out of the driverless operation of an ADS-equipped vehicle.} } {(d) {A plaintiff who brings an action under this section may not bring, plead, or maintain any other civil action or theory of recovery, including negligence, strict liability, or product liability, against any defendant for the same injury or property damage.} } (e){(c)} Notwithstanding Section 78B-4-902 and any other provision of law, the total amount recoverable by a plaintiff under this section, including all damages, costs, and fees, may not exceed {$50,000} $100,000.

(f){(d)}(d) A prevailing plaintiff may recover compensatory damages available under this section, subject to the limitation described in Subsection {(1)(e)} (1)(c).

(2)(2)(a) (a) A person who suffers injury or property damage directly caused by an ADS-dedicated vehicle or an ADS-equipped vehicle {operating in driverless operation } that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task has a right of action under this section.

(b) {An } A person who suffers injury or property damage directly caused by an ADS-dedicated vehicle or an ADS-equipped vehicle {operating in driverless operation } that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task may bring an action against:

(a) the {vehicle } automated driving system was {in driverless operation } engaged at the time of the incident;

and (b) the {driverless operation } automated driving system was a proximate cause of the injury or property damage.- 9 - S.B.

-292 13Enrolled -Copy SB0292damage. compared with SB0292S02 (4) Any liability established under this section may be mitigated in proportion to the degree that the claimant's {own } or a third party's negligence, recklessness, or breach of duty of care contributed to the occurrence of the incident or the resulting harm.

(4) Any liability established under this section may be mitigated in proportion to the degree that the claimant's or a third party's negligence, recklessness, or breach of duty of care contributed to the occurrence of the incident or the resulting harm.

Section 778B-4-904 is enacted to read:

78B-4-904.78B-4-904 .

(1) A manufacturer or developer of a level four ADS or level five ADS is not subject to liability under a theory of negligence for personal injury, death, or property damage arising from the operation of an ADS-dedicated vehicle or an ADS-equipped vehicle equipped with level four ADS or level five ADS while {operating in driverless operation} the automated driving system is engaged.

(2) A manufacturer or developer of a level four ADS or level five ADS may be held liable for personal injury, death, or property damage arising from the operation of an {ADS-dedicated } automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle only under:

Section 8 is enacted to read:

78B-4-905.

Liability related to operation of level two and level three driving automation systems -- Affirmative defense.

(1) This section applies to an incident involving a driving automation system operating with:

- 14 - SB0292 compared with SB0292S02 (a) a level two DAS;

or (b) a level three ADS.

(2) (a) In an action for personal injury or property damage arising from the operation of a vehicle equipped with a level three ADS, a defendant may assert an affirmative defense that:

(i) the driving automation system issued a request to intervene to the human driver;

and (ii) the human driver:

(A) was inattentive, negligent, or reckless;

(B) failed to maintain reasonable oversight of the operation of the vehicle;

or (C) failed to timely respond to the request to intervene.

(b) In an action for personal injury or property damage arising from the operation of a vehicle equipped with a level two DAS, a defendant may assert an affirmative defense that the human driver:

(i) was inattentive, negligent, or reckless;

or (ii) failed to maintain reasonable vigilance over the operation of the vehicle.

(3) An affirmative defense under Subsection (2) is established if the defendant proves, by a preponderance of the evidence, that the human driver's conduct described in Subsection (2)(b) was a proximate cause of the incident.

(4) Subject to Subsection (5), nothing in this section:

(a) limits the application of comparative fault under Section 78B-5-818;

or (b) alters the duties of a human driver imposed under Title 41, Chapter 6a, Traffic Code.

(5) In an action for personal injury or property damage arising from the operation of a vehicle equipped with a level two DAS or level three ADS, the limitations on noneconomic and punitive damages outlined in Section 78B-4-902 apply.

(6) This section does not create a new cause of action and may not be construed to expand or limit existing theories of liability except as expressly provided in this section.

Section 8.

78B-6-702.78B-6-702 .

[ As used in this part, "unreasonably dangerous" means that the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user of that product in that community considering the product's characteristics, propensities, risks, dangers, and uses together with any actual knowledge, - 1510 - SB0292Enrolled comparedCopy withS.B. SB0292S02 training, or experience possessed by that particular buyer, user, or consumer.] As used in this part:

292 dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user of that product in that community considering the product's characteristics, propensities, risks, dangers, and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user, or consumer.] As used in this part:

78B-6-703.78B-6-703 .

(1) In any action for damages for personal injury, death, or property damage allegedly caused by a defect in a product other than an ADS-dedicated vehicle or an ADS-equipped vehicledescribedvehicle described in Subsections (3) and (4), a product may not be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user or consumer.

(3) In any action for damages for personal injury, death, or property damage allegedly caused by a defect in the automated driving system operation of a level four ADS or level five ADS of an ADS- equipped vehicleor an ADS-dedicated vehicle, the {ADS-equipped vehicle } automated driving - 1611 - SB0292S.B. compared with SB0292S02 system may not be considered to have a defect or to be in a defective condition, unless the plaintiff proves by {clear and convincing } a preponderance of the evidence that:

(a)292 aEnrolled reasonableCopy andlevel feasiblefive alternativeADS designof existedan atADS-equipped thevehicle timeor an ADS-dedicated vehicle, the {ADS-equippedautomated vehicledriving }system levelmay fournot ADSbe considered to have a defect or levelto fivebe ADSin wasa designeddefective andcondition, manufactured;unless the plaintiff proves by a preponderance of the evidence that:

(a) a reasonable and feasible alternative design existed at the time the level four ADS or level five ADS was designed and manufactured;

(4) There is a rebuttable presumption that {an ADS-equipped vehicle } a level four ADS or level five ADS is free from any defect or defective condition if the automated driving system:

Section 1078B-6-708 is enacted to read:

78B-6-708.78B-6-708 .

In an action based upon defective design, manufacture, or failure to warn related to {an } the automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle that is {ADS-equipped vehicle } equipped with a level four ADS or level five ADS brought against the manufacturer or {developer of the automated driving } developer of the automated driving system, liability is precluded if:

Effective date.

3-4-26 12:18 PM - 1712 -