HB 581 — Autonomous Vehicle Amendments

- 4 - HB0581 compared with HB0581S02 [(11)] (12) "Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:

(a) provides assistance only when the rider is pedaling;

and (b) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

[(12)] (13) "Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:

(a) may be used exclusively to propel the bicycle;

and (b) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

[(13)] (14) "Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a motor or electronics that:

(a) provides assistance only when the rider is pedaling;

(b) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;

and (c) is equipped with a speedometer.

[(14)] (15) "Commissioner" means the commissioner of the Department of Public Safety.

[(15)] (16) "Controlled-access highway" means a highway, street, or roadway:

(a) designed primarily for through traffic;

and (b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway.

[(16)] (17) "Crosswalk" means:

(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:

(i) (A) the curbs;

or (B) in the absence of curbs, from the edges of the traversable roadway;

and (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline;

or (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

[(17)] (18) "Department" means the Department of Public Safety.

[(18)] (19) "Direct supervision" means oversight at a distance within which:

- 5 - HB0581 compared with HB0581S02 (a) visual contact is maintained;

and (b) advice and assistance can be given and received.

[(19)] (20) "Divided highway" means a highway divided into two or more roadways by:

(a) an unpaved intervening space;

(b) a physical barrier;

or (c) a clearly indicated dividing section constructed to impede vehicular traffic.

[(20)] (21) "Echelon formation" means the operation of two or more snowplows arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow from two or more lanes at once.

[(21)] (22) (a) "Electric assisted bicycle" means a bicycle with an electric motor that:

(i) has a power output of not more than 750 watts;

(ii) has fully operable pedals;

(iii) has permanently affixed cranks that were installed at the time of the original manufacture;

(iv) is fully operable as a bicycle without the use of the electric motor;

and (v) is one of the following:

(A) a class 1 electric assisted bicycle;

(B) a class 2 electric assisted bicycle;

(C) a class 3 electric assisted bicycle;

or (D) a programmable electric assisted bicycle.

(b) "Electric assisted bicycle" does not include:

(i) a moped;

(ii) a motor assisted scooter;

(iii) a motorcycle;

(iv) a motor-driven cycle;

or (v) any other vehicle with less than four wheels that is designed, manufactured, intended, or advertised by the seller to have any of the following capabilities or features, or that is modifiable or is modified to have any of the following capabilities or features:

(A) has the ability to attain the speed of 20 miles per hour or greater on motor power alone;

(B) is equipped with a continuous rated motor power of 750 watts or greater;

- 6 - HB0581 compared with HB0581S02 (C) is equipped with foot pegs for the operator at the time of manufacture, or requires installation of a pedal kit to have operable pedals;

or (D) if equipped with multiple operating modes and a throttle, has one or more modes that exceed 20 miles per hour on motor power alone.

[(22)] (23) (a) "Electric personal assistive mobility device" means a self-balancing device with:

(i) two nontandem wheels in contact with the ground;

(ii) a system capable of steering and stopping the unit under typical operating conditions;

(iii) an electric propulsion system with average power of one horsepower or 750 watts;

(iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour;

and (v) a deck design for a person to stand while operating the device.

(b) "Electric personal assistive mobility device" does not include a wheelchair.

[(23)] (24) "Electric unicycle" means a self-balancing personal transportation device that:

(a) has a single wheel;

(b) is powered by an electric motor that utilizes gyroscopes and accelerometers to stabilize the rider;

and (c) is designed for the operator to face in the direction of travel while operating the device.

[(24)] (25) "Explosives" means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury.

[(25)] (26) "Farm tractor" means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry.

[(26)] (27) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F.

or less, as determined by a Tagliabue or equivalent closed-cup test device.

[(27)] (28) "Freeway" means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102.

[(28)] (29) (a) "Golf cart" means a device that:

- 7 - HB0581 compared with HB0581S02 (i) is designed for transportation by players on a golf course;

(ii) has not less than three wheels in contact with the ground;

(iii) has an unladen weight of less than 1,800 pounds;

(iv) is designed to operate at low speeds;

and (v) is designed to carry not more than six persons including the driver.

(b) "Golf cart" does not include:

(i) a low-speed vehicle or an off-highway vehicle;

(ii) a motorized wheelchair;

(iii) an electric personal assistive mobility device;

(iv) an electric assisted bicycle;

(v) a motor assisted scooter;

(vi) a personal delivery device, as defined in Section 41-6a-1119;

or (vii) a mobile carrier, as defined in Section 41-6a-1120.

[(29)] (30) "Gore area" means the area delineated by two solid white lines that is between a continuing lane of a through roadway and a lane used to enter or exit the continuing lane including similar areas between merging or splitting highways.

[(30)] (31) "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

[(31)] (32) "Hi-rail vehicle" means a roadway maintenance vehicle that is:

(a) manufactured to meet Federal Motor Vehicle Safety Standards;

and (b) equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks.

[(32)] (33) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

[(33)] (34) "Highway authority" means the same as that term is defined in Section 72-1-102.

[(34)] (35) "Interdicted person" means the same as that term is defined in Section 32B-1-102.

[(35)] (36) (a) "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another.

(b) Where a highway includes two roadways 30 feet or more apart:

- 8 - HB0581 compared with HB0581S02 (i) every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection;

and (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways is a separate intersection.

(c) "Intersection" does not include the junction of an alley with a street or highway.

[(36)] (37) "Island" means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:

(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;

(b) channelizing devices;

(c) curbs;

(d) pavement edges;

or (e) other devices.

[(37)] (38) (a) "Lane filtering" means, when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane.

(b) "Lane filtering" does not include lane splitting.

[(38)] (39) (a) "Lane splitting" means, when operating a motorcycle other than an autocycle, the act of riding a motorcycle between clearly marked lanes for traffic traveling in the same direction of travel while traffic is in motion.

(b) "Lane splitting" does not include lane filtering.

[(39)] (40) "Law enforcement agency" means the same as that term is as defined in Section 53-1-102.

[(40)] (41) "Limited access highway" means a highway:

(a) that is designated specifically for through traffic;

and (b) over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view.

[(41)] (42) "Local highway authority" means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state.

[(42)] (43) - 9 - HB0581 compared with HB0581S02 (a) "Low-speed vehicle" means a four wheeled motor vehicle that:

(i) is designed to be operated at speeds of not more than 25 miles per hour;

and (ii) has a capacity of not more than six passengers, including a conventional driver or fallback- ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.

(b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.

[(43)] (44) "Metal tire" means a tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.

[(44)] (45) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or saddle that is less than 24 inches from the ground as measured on a level surface with properly inflated tires.

(b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.

(c) "Mini-motorcycle" does not include a motorcycle that is:

(i) designed for off-highway use;

and (ii) registered as an off-highway vehicle under Section 41-22-3.

[(45)] (46) "Mobile home" means:

(a) a trailer or semitrailer that is:

(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily;

and (ii) equipped for use as a conveyance on streets and highways;

or (b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection [(45)(a),] (46)(a), but that is instead used permanently or temporarily for:

(i) the advertising, sale, display, or promotion of merchandise or services;

or (ii) any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

[(46)] (47) "Mobility disability" means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.

[(47)] (48) (a) "Moped" means a motor-driven cycle having:

(i) pedals to permit propulsion by human power;

and - 10 - HB0581 compared with HB0581S02 (ii) a motor that:

(A) produces not more than two brake horsepower;

and (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground.

(b) If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

(c) "Moped" does not include:

(i) an electric assisted bicycle;

or (ii) a motor assisted scooter.

[(48)] (49) (a) "Motor assisted scooter" means a self-propelled device with:

(i) at least two wheels in contact with the ground;

(ii) a braking system capable of stopping the unit under typical operating conditions;

(iii) an electric motor not exceeding 2,000 watts;

(iv) either:

(A) handlebars and a deck design for a person to stand while operating the device;

or (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;

(v) a design for the ability to be propelled by human power alone;

and (vi) a maximum speed of 20 miles per hour on a paved level surface.

(b) "Motor assisted scooter" does not include:

(i) an electric assisted bicycle;

or (ii) a motor-driven cycle.

[(49)] (50) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

(b) "Motor vehicle" does not include:

(i) vehicles moved solely by human power;

(ii) motorized wheelchairs;

(iii) an electric personal assistive mobility device;

(iv) an electric assisted bicycle;

(v) a motor assisted scooter;

- 11 - HB0581 compared with HB0581S02 (vi) a personal delivery device, as defined in Section 41-6a-1119;

or (vii) a mobile carrier, as defined in Section 41-6a-1120.

[(50)] (51) "Motorcycle" means:

(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground;

or (b) an autocycle.

[(51)] (52) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle having:

(i) an engine with less than 150 cubic centimeters displacement;

or (ii) a motor that produces not more than five horsepower.

(b) "Motor-driven cycle" does not include:

(i) an electric personal assistive mobility device;

(ii) a motor assisted scooter;

or (iii) an electric assisted bicycle.

[(52)] (53) "Off-highway implement of husbandry" means the same as that term is defined under Section 41-22-2.

[(53)] (54) "Off-highway motorcycle" means the same as that term is defined in Section 41-22-2.

[(54)] (55) "Off-highway vehicle" means the same as that term is defined under Section 41-22-2.

[(55)] (56) "Operate" means the same as that term is defined in Section 41-1a-102.

[(56)] (57) "Operator" means:

(a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle;

or (b) an automated driving system, as defined in Section 41-26-102.1, that operates a vehicle.

[(57)] (58) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or other device operated, alone or coupled with another device, on stationary rails.

[(58)] (59) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is occupied or not.

(b) "Park" or "parking" does not include:

(i) the standing of a vehicle temporarily for the purpose of and while actually engaged in loading or unloading property or passengers;

or (ii) a motor vehicle with an engaged automated driving system that has achieved a minimal risk condition, as those terms are defined in Section 41-26-102.1.

- 12 - HB0581 compared with HB0581S02 [(59)] (60) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws.

[(60)] (61) "Pedestrian" means a person traveling:

(a) on foot;

or (b) in a wheelchair.

[(61)] (62) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate pedestrians.

[(62)] (63) "Person" means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

[(63)] (64) "Pole trailer" means a vehicle without motive power:

(a) 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 (b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections.

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

[(65)] (66) "Programmable electric assisted bicycle" means an electric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the electric assisted bicycle fully conforms with the respective requirements of each class of electric assisted bicycle when operated in that mode.

[(66)] (67) "Railroad" means a carrier of persons or property upon cars operated on stationary rails.

[(67)] (68) "Railroad sign or signal" means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

[(68)] (69) "Railroad train" means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails.

[(69)] (70) "Restored-modified vehicle" means the same as the term defined in Section 41-1a-102.

- 13 - HB0581 compared with HB0581S02 [(70)] (71) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other.

[(71)] (72) (a) "Roadway" means that portion of highway improved, designed, or ordinarily used for vehicular travel.

(b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of them are used by persons riding bicycles or other human-powered vehicles.

(c) "Roadway" refers to any roadway separately but not to all roadways collectively, if a highway includes two or more separate roadways.

[(72)] (73) "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

[(73)] (74) (a) "School bus" means a motor vehicle that:

(i) complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses";

and (ii) is used to transport school children to or from school or school activities.

(b) "School bus" does not include a vehicle operated by a common carrier in transportation of school children to or from school or school activities.

[(74)] (75) "Self-balancing electric skateboard" means a device similar to a skateboard that:

(a) has a single wheel;

(b) is powered by an electric motor;

and (c) is designed for the operator to face perpendicular to the direction of travel while operating the device.

[(75)] (76) (a) "Semitrailer" means a vehicle with or without motive power:

(i) designed for carrying persons or property and for being drawn by a motor vehicle;

and (ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle.

(b) "Semitrailer" does not include a pole trailer.

- 14 - HB0581 compared with HB0581S02 [(76)] (77) "Shoulder area" means:

(a) that area of the hard-surfaced highway separated from the roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic Control Devices";

or (b) that portion of the road contiguous to the roadway for accommodation of stopped vehicles, for emergency use, and for lateral support.

[(77)] (78) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

[(78)] (79) (a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle.

(b) "Soft-surface trail" does not mean a trail:

(i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a federal law, regulation, or rule;

or (ii) located in whole or in part on land granted to the state or a political subdivision subject to a conservation easement that prohibits the use of a motorized vehicle.

[(79)] (80) "Solid rubber tire" means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load.

[(80)] (81) "Stand" or "standing" means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers.

[(81)] (82) "Stop" when required means complete cessation from movement.

[(82)] (83) "Stop" or "stopping" when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when:

(a) necessary to avoid conflict with other traffic;

or (b) in compliance with the directions of a peace officer or traffic-control device.

[(83)] (84) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, or an off-highway motorcycle, that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509.

[(84)] (85) "Street-legal novel vehicle" means a vehicle registered as a novel vehicle under Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509.

- 15 - HB0581 compared with HB0581S02 [(85)] (86) "Tow truck operator" means the same as that term is defined in Section 72-9-102.

[(86)] (87) "Tow truck motor carrier" means the same as that term is defined in Section 72-9-102.

[(87)] (88) "Traffic" means pedestrians, bicyclists, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel.

[(88)] (89) "Traffic signal preemption device" means an instrument or mechanism designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.

[(89)] (90) "Traffic-control device" means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic.

[(90)] (91) "Traffic-control signal" means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

[(91)] (92) (a) "Trailer" means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.

(b) "Trailer" does not include a pole trailer.

[(92)] (93) "Truck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.

[(93)] (94) "Truck tractor" means a motor vehicle:

(a) designed and used primarily for drawing other vehicles;

and (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor.

[(94)] (95) "Two-way left turn lane" means a lane:

(a) provided for vehicle operators making left turns in either direction;

(b) that is not used for passing, overtaking, or through travel;

and (c) that has been indicated by a lane traffic-control device that may include lane markings.

[(95)] (96) "Urban district" means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more.

[(96)] (97) "Vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks.

- 16 - HB0581 compared with HB0581S02 [(97)] (98) "Wheelie" means a maneuver performed while operating a motorcycle whereby the front wheel of the motorcycle is raised off of the ground.

{Section 2.

Section 41-6a-702 is amended to read:

} 41-6a-702.

Left lane restrictions -- Exceptions -- Other lane restrictions -- Penalties.

(1) As used in this section and Section 41-6a-704, "general purpose lane" means a highway lane open to vehicular traffic but does not include a designated:

(a) high occupancy vehicle (HOV) lane;

or (b) auxiliary lane that begins as a freeway on-ramp and ends as part of the next freeway off-ramp.

(2) On a freeway or section of a freeway which has three or more general purpose lanes in the same direction, [a person] an individual may not operate a vehicle in the left most general purpose lane if the [person's] individual's vehicle or combination of vehicles has a gross vehicle weight rating of 18,001 or more pounds.

(3) Subsection (2) does not apply to [a person] an individual operating a vehicle who is:

(a) preparing to turn left or taking a different highway split or an exit on the left;

(b) responding to emergency conditions;

(c) avoiding actual or potential traffic moving onto the highway from an acceleration or merging lane;

or (d) following direction signs that direct use of a designated lane.

(4) (a) A highway authority may designate a specific lane or lanes of travel for any type of vehicle on a highway or portion of a highway under [its] the highway authority's jurisdiction for the:

(i) safety of the public;

(ii) efficient maintenance of a highway;

or (iii) use of high occupancy vehicles and autonomous vehicles.

(b) The lane designation under Subsection (4)(a) is effective when appropriate signs or roadway markings giving notice are erected on the highway or portion of the highway.

[(5) (a) Subject to Subsection (5)(b), the lane designation under Subsection (4)(a)(iii) shall allow a vehicle with a clean fuel vehicle decal issued in accordance with Section 72-6-121 to travel in lanes designated for the use of high occupancy vehicles regardless of the number of occupants as permitted by federal law or federal regulation.] - 17 - HB0581 compared with HB0581S02 [(b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation may make rules to allow a vehicle with a clean fuel vehicle decal to travel in lanes designated for the use of high occupancy vehicles regardless of the number of occupants as permitted by federal law or federal regulation.] [(ii) Except as provided in Subsection (5)(b)(iii), the Department of Transportation may not issue more than 6,000 clean fuel vehicle decals under Section 72-6-121.] [(iii) The Department of Transportation may, through rules made under Subsection (5)(b)(i), increase the number of clean fuel vehicle decals issued in accordance with Section 72-6-121 beyond the minimum described in Subsection (5)(b)(ii) if the increased issuance will allow the Department of Transportation to continue to meet its goals for operational management of the lane designated under Subsection (4)(a)(iii).] [(6)] (5) A public transportation vehicle may operate in a lane designated under Subsection (4)(a)(iii) regardless of the number of occupants as permitted by federal law and regulation.

[(7)] (6) [A person ] An individual who operates a vehicle in violation of Subsection (2) or in violation of the restrictions made under Subsection (4) is guilty of an infraction.

{Section 3.

Section 41-6a-1715 is amended to read:

} 41-6a-1715.

Careless driving.

(1) [A person ] An individual operating a motor vehicle is guilty of careless driving if the [person] individual:

(a) commits two or more moving traffic violations under this chapter in a series of acts within a single continuous period of driving covering three miles or less in total distance;

or (b) commits a moving traffic violation under this chapter other than a moving traffic violation under Part 6, Speed Restrictions, while being distracted by one or more activities [taking place] occurring within the vehicle that are not related to the operation of a motor vehicle, including:

(i) searching for an item in the vehicle;

or (ii) attending to personal hygiene or grooming.

(2) Notwithstanding a provision in this chapter regarding careless driving, wireless device use, or steering control, a peace officer may not stop or cite an operator based solely on the operator's non- driving activity, including handheld device use or lack of manual contact with the steering wheel, if:

- 18 - HB0581 compared with HB0581S02 (a) the vehicle is equipped with a level two, three, four, or five ADS feature as described in Section 41-26-102.1;

(b) the ADS is engaged and performing a dynamic driving task or lateral and longitudinal vehicle control;

and (c) the vehicle is maintaining lane position, reasonable speed, and responding safely to traffic conditions.

(3) A human occupant of an ADS-equipped vehicle is not guilty of careless driving if:

(a) the ADS is actively engaged and functioning as designed;

and (b) the human driver has engaged the ADS in accordance with the ADS manufacturer's instructions.

(4) A human occupant is not guilty of careless driving if the vehicle is equipped with level two or level three ADS and the human occupant immediately resumes manual control if:

(a) the ADS issues a takeover request;

(b) the ADS disengages or malfunctions;

or (c) traffic conditions require intervention.

(5) If an ADS is engaged and performing a dynamic driving task:

(a) liability for a crash, traffic violation, or other unlawful conduct shall be determined according to Section 41-26-104 and Section 41-26-109;

(b) a human occupant is not liable for ADS operational decisions unless the human occupant:

(i) engages the ADS outside the ADS's operational design domain;

(ii) fails to respond to a takeover request from a level two or level three ADS;

(iii) disables required safety systems;

or (iv) otherwise operates the vehicle in violation of Section 41-26-109;

and (c) the ADS manufacturer remains liable for system malfunction, design defects, and inadequate warnings, regardless of human occupant behavior.

[(2)] (6) A violation of this section is a class C misdemeanor.

[(3)] (7) In addition to the penalty provided under this section or any other section, a judge may order the revocation of the convicted [person's] individual's driver license if the violation causes or results in the death of another [person] individual in accordance with Subsection 53-3-218(7).

{Section 4.

Section 41-6a-1716 is amended to read:

} 41-6a-1716.

Prohibition on using a wireless communication device while operating a motor vehicle -- Exceptions -- Penalties.

- 19 - HB0581 compared with HB0581S02 (1) As used in this section:

(a) "Wireless communication device" means:

(i) a cellular phone;

(ii) a portable telephone;

(iii) a text messaging device;

(iv) a personal digital assistant;

(v) a stand-alone computer, including a tablet, laptop, or notebook computer;

(vi) a global positioning receiver;

(vii) a device used to display a video, movie, broadcast television image, or visual image;

or (viii) a substantially similar communication device used to initiate or receive communication, information, or data.

(b) "Wireless communication device" does not include a two-way radio device described in 47 C.F.R.

Part 90, 95, or 97, or a functional equivalent.

(2) Except as provided in Subsection (3), an individual may not use a wireless communication device while operating a moving motor vehicle on a highway in this state to manually:

(a) (i) write or send a written communication, including:

(A) a text message;

(B) an instant message;

or (C) electronic mail;

(ii) dial a phone number;

(iii) access the internet;

(iv) record video;

(v) take a photograph;

or (vi) enter data into a wireless communication device;

(b) read a written communication, including:

(i) a text message;

(ii) an instant message;

or (iii) electronic mail;

or (c) view a video or photograph.

- 20 - HB0581 compared with HB0581S02 (3) Subsection (2) does not prohibit an individual from using a wireless communication device while operating a moving motor vehicle:

(a) when using a wireless communication device for voice communication;

(b) to view a global positioning or navigation device or a global positioning or navigation application;

(c) during a medical emergency;

(d) when reporting a safety hazard or requesting assistance relating to a safety hazard;

(e) when reporting criminal activity or requesting assistance relating to a criminal activity;

(f) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment;

or (g) to operate:

(i) hands-free or voice operated technology;

or (ii) a system that is physically or electronically integrated into the motor vehicle.

(4) A human occupant of an ADS-equipped vehicle is not guilty of using a wireless communication device while operating a vehicle if:

(a) the ADS is actively engaged and functioning as designed;

and (b) the human occupant has engaged the ADS in accordance with the ADS manufacturer's instructions.

(5) A human occupant is not guilty of using a wireless communication device while operating a vehicle if the vehicle is equipped with level two or level three ADS and the human occupant immediately resumes manual control if:

(a) the ADS issues a takeover request;

(b) the ADS disengages or malfunctions;

or (c) traffic conditions require intervention.

(6) Liability for a crash, traffic violation, or other unlawful conduct occurring while an ADS is engaged shall be determined according to:

(a) Section 41-26-104 regarding responsibility for compliant operation;

and (b) Section 41-26-109 regarding liability framework for ADS-equipped vehicles.

[(4)] (7) An individual convicted of a violation of this section is guilty of a:

(a) class C misdemeanor with a maximum fine of $100;

or (b) class B misdemeanor if the individual:

- 21 - HB0581 compared with HB0581S02 (i) has also inflicted serious bodily injury upon another as a proximate result of using a wireless communication device in violation of this section while operating a moving motor vehicle on a highway in this state;

or (ii) has a prior conviction under this section, that is within three years of:

(A) the current conviction under this section;

or (B) the commission of the offense upon which the current conviction is based.

Section 2.

Section 41-26-102.1 is amended to read:

41-26-102.1.

{(Effective 05/06/26)}Definitions.

{(1)} [} {"ADS-dedicated vehicle" } As used in this chapter:{] "ADS-equipped vehicle" }"ADS-dedicated vehicle" means a vehicle {designed to be operated } :{[} (a) {exclusively } designed to be operated {]} [{by a level four } exclusively ]{ADS or } by a level four {level } ADS {five ADS for all trips within the given operational design domain limitations of the ADS, if any.} or {(2)} {(a)} level {"Automated driving system" or "ADS" means the hardware and software that are collectively capable of performing } five ADS for all trips within the given operational design domain limitations of the {entire dynamic driving task on a sustained basis, regardless of whether the ADS is limited to a specific operational design domain} ADS, if any{.

{(b)} [{"Automated driving system" or "ADS" is used specifically to describe a } .]{SAE International J3016 } ;

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

- 22 - HB0581 compared with HB0581S02 (i) {three} collectively capable of performing the entire dynamic driving task on a sustained basis, {four, or five driving automation system.} regardless of whether the ADS is limited to a specific operational design domain, if any[.]any ;{(3)} [{"Commission" means the State Tax Commission as defined in Section 59-1-101} .

{[(4)} ] ;

(b) {"Conventional driver} "Automated driving system" {means a human driver who is onboard the motor vehicle and manually performs some or all of the following actions in order } or "ADS" is used specifically to {operate a vehicle:} describe a level three, four, or five driving automation system.system.{]} [{(a)} (3)] (4) {{braking;} "Commission" means the State Tax Commission as defined in Section 59-1-101.]} [{(b)} (4)] (5) {{accelerating;} "Conventional driver" means a human driver who is onboard the motor vehicle and manually performs some or all of the following actions in order to operate a vehicle:]} {[{(c)} (a) {steering} braking;

[(3)]{and} (4)]} "Commission"{[{(d)} (b) {transmission gear selection input devices.} accelerating;]} {(4) "Connected vehicle technology" means thecommunication Statetechnology Taxenabling Commissionmotor asvehicles definedto incommunicate Sectionwith:} 59-1-101.{(a) infrastructure, including traffic lights, road sensors, and other traffic control devices;} {(b) other motor vehicles;

[(4)]and} (5){(c) "Conventionaldevices, driver"including meanssmartphones.} a{(5)} human(c) driver{(a)} who"Dispatch" ismeans onboardto theplace motoran ADS-equipped vehicle andinto manuallyservice performsin somedriverless oroperation allby ofengaging the followingADS.} actionssteering; in order to operate a vehicle:

(a)and braking;{(b)} (d) {"Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor vehicles in driverless operation that may complete multiple trips involving pick-up and drop-off of passengers or goods throughout a day or other pre-defined periods of service, and which may involve multiple agents performing various tasks related to the dispatch function} transmission gear selection input devices.

(b)[{(6)} accelerating;(5)] (6) - 23 - HB0581 compared with HB0581S02 (a) {"Division} "Dispatch" means {the Motor Vehicle Division of the commission, created in Section 41-1a-106} to place an ADS-equipped vehicle into service in driverless operation by engaging the ADS.

(c){(7)} steering;(b) {"Driverless operation" means the operation } "Dispatch" includes software-enabled dispatch of {an } multiple ADS-equipped {vehicle } motor vehicles in {which:} driverless operation that may complete multiple trips involving pick-up and drop-off of passengers or goods throughout a day or other pre-defined periods of service, and which may involve multiple agents performing various tasks related to the dispatch function.

and[{(a)} (d)(6)] transmission(7) gear{no selectionon-board inputuser devices.is present;

[(5)]or} (6)"Division" (a) "Dispatch" means tothe placeMotor anVehicle ADS-equippedDivision vehicleof intothe servicecommission, created in driverlessSection operation41-1a-106. by engaging the ADS.

-[{(b)} 3(7)] -(8) HB0581S01{no comparedon-board withuser HB0581S02is (b)a "Dispatch"human includesdriver software-enabledwith dispatcha ofvalid multipledriver ADS-equippedlicense motor vehicles in driverless operation that may complete multiple trips involving pick-up and drop-off of passengers or goodsfallback-ready throughoutuser.} a"Driverless dayoperation" ormeans otherthe pre-definedoperation periods of service,an andADS-equipped whichvehicle mayin involvewhich: multiple agents performing various tasks related to the dispatch function.

[(6)]{(8)} (7)(a) "Division"{"Driverless operation dispatcher" means thea Motor} Vehicleno Divisionon-board ofuser the{who commission,dispatches createdan ADS- equipped vehicle in Sectiondriverless 41-1a-106.operation.} is present;

[(7)]or (8){(9)} "Driverless(b) operation"{"Driving automation system" means the operationhardware and software collectively capable of anperforming ADS-equippedpart vehicleor inall which:of the dynamic driving task on } no on-board user is a human driver with a {sustained basis} valid driver license or fallback-ready user.

(a)[{(10)} no(8)] on-board(9) {"Driving automation system feature} "Driverless operation dispatcher" means a {specific function of a driving automation system} user iswho present;dispatches an ADS-equipped vehicle in driverless operation.

[{(11)} (9)] (10) {(a)} "Dynamic driving task} "Driving automation system" means the hardware and software collectively capable of performing part or (b)all noof on-boardthe user{real-time isoperational aand humantactical driverfunctions withrequired to operate } dynamic driving task on a valid{motor drivervehicle licensein oron-road fallback-readytraffic, user.including:} sustained basis.

[(8)][{(i)} (9)(10)] "Driverless(11) operation{lateral dispatcher"vehicle meansmotion acontrol userthrough whosteering;} dispatches"Driving anautomation ADS-equippedsystem vehiclefeature" inmeans driverlessa operation.specific function of a driving automation system.

[(9)][{(ii)} (10)(11)] "Driving(12) automation(a) system"{longitudinal meansmotion thecontrol hardwarethrough acceleration and softwaredeceleration;} collectively"Dynamic capabledriving oftask" performingmeans part or all of the dynamicreal-time drivingoperational taskand ontactical functions required to operate a sustainedmotor basis.vehicle in on-road traffic, including:

[(10)]- (11)24 "Driving- automationHB0581 systemcompared feature"with meansHB0581S02 a{(iii)} specific(i) function{monitoring ofthe a driving automationenvironment system.} lateral vehicle motion control through {object and event detection, recognition, classification, and response preparation} steering;

[(11)]{(iv)} (12)(ii) (a){object "Dynamicand drivingevent task"response meansexecution} alllongitudinal ofmotion thecontrol real-timethrough operationalacceleration and tacticaldeceleration; functions required to operate a motor vehicle in on-road traffic, including:

(i){(v)} lateral(iii) vehicle{maneuver motionplanning; control through steering;

(ii)and} longitudinalmonitoring motionthe controldriving environment through accelerationobject and deceleration;event detection, recognition, classification, and response preparation;

(iii){(vi)} monitoring(iv) the{enhancing drivingconspicuity environmentwith throughlighting, objectsignaling, and eventgesturing.} detection,object recognition, classification, and event response preparation;execution;

(iv){(b)} object(v) and{"Dynamic eventdriving responsetask" execution;does not include strategic functions such as trip scheduling } maneuver planning;

(v)and maneuver{selection planning;of destinations and waypoints.} {(12)} (vi) {"Engage" as it pertains to the operation of a vehicle by a driving automation system means to cause a driving automation system feature to perform part or all of the dynamic driving task on a sustained basis} enhancing conspicuity with lighting, signaling, and gesturing.

and{(13)} (vi)(b) enhancing{"External conspicuityevent" is a situation in the driving environment that necessitates a response by a human driver with lighting,a signaling,valid driver license or } "Dynamic driving {automation system} task" does not include strategic functions such as trip scheduling and gesturing.selection of destinations and waypoints.

(b)[{(14)} "Dynamic(12)] (13) {"Fallback-ready user} "Engage" {means } as it pertains to the {user } operation of a vehicle {equipped with an engaged level three ADS who is:} by a driving task"automation doessystem notmeans includeto strategiccause functionsa suchdriving asautomation tripsystem schedulingfeature andto selectionperform part or all of destinationsthe anddynamic waypoints.driving task on a sustained basis.

[(12)][{(a)} (13)(13)] "Engage"(14) as"External itevent" pertainsis to the operation of a vehiclesituation byin athe driving automationenvironment systemthat meansnecessitates to cause a drivingresponse automationby systema featurehuman todriver performwith part or all of the dynamic driving task on a sustainedvalid basis.driver license{;

-and} 4 - HB0581S01 compared with HB0581S02 [(13)] (14) "External event" is a situation in the driving environment that necessitates a response by a human driver with a valid driver license or driving automation system.

[(14)][{(b)} (14)] (15) {ready to operate the } "Fallback-ready user" means the user of a vehicle {if} equipped with an engaged level three ADS who is:

{(i)} (a) a human{human driver with a valid driver license;

andand} (b)system readyfailure tooccurs; operate the vehicle if:

(i)or {(ii)} (b) {the ADS issues a systemrequest failureto occurs;intervene.} ready to operate the vehicle if:

or{(15)} (ii)(i) the{(a)} ADS"Human issuesdriver" means a requestnatural toperson intervene.who performs in real-time all } a system failure occurs;

[(15)]or (16){part (a)of "Humanthe driver"dynamic meansdriving atask.} natural{(b)} person(ii) who{"Human performsdriver" inincludes real-time} allthe orADS partissues ofarequest theto dynamicintervene. driving task.

(b)[(15)] (16) - 25 - HB0581 compared with HB0581S02 (a) {[{:} "Human driver" includesmeans a:a natural person who performs in real-time all or part of the dynamic driving task.]} {[{(i)} (b) {conventional } "Human driver{;

(i)and} " includes a:]} {[{(ii)} (i){]} { }remote } conventional driver;driver{.} ;

and {(16)} (ii) {"Level five automated driving system" or "level five ADS" means an ADS feature that has the capability to perform on a sustained basis} remote driver.

[(16) {:}{ {(a)} "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.]intervene.{[} ] [(17) {, as well as any maneuvers necessary to respond to a system failure} "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,intervene{.} , has:] [(a) the{; capability to perform on a sustained basis the entire dynamic driving task within its operational design domain;

and]and} [(b){(b) the capability to perform any maneuvers necessary to achieve a minimal risk condition in response to:]to:} [(i){(i) an exit from the operational design domain of the ADS;

or]or} [(ii){(ii) a{a system failure.]failure.} [(18){(17)} "Level threefour automated } the capability to perform on a sustained basis the entire dynamic driving system"{system" or "level threefour ADS" means an ADS feature that:]that, [(a)without hasany theexpectation capabilitythat to perform on a sustainedhuman basis} the entire dynamic driving task within its operational design domain;

and]and{[} ] [(b) requires{user} a fallback-ready user to operate the vehiclecapability after receiving a request to interveneperform orany inmaneuvers responsenecessary to aachieve system failure.] - 5 - HB0581S01 compared with HB0581S02 (17) "Level five ADS" means a levelminimal fiverisk automatedcondition driving system as defined in SAEresponse Internationalto:] Standard[(i) J3016_202104,{driver "Taxonomywill andrespond Definitionsto fora Termsrequest Related to Drivingintervene, Automationhas:} Systemsan forexit On-Roadfrom Motorthe Vehicles,"operational Aprildesign 2021domain edition,of as adopted by the NationalADS; Highway Traffic Safety Administration.

or {(a)} ] [(ii) {the capability to perform on } a {sustained basis the entire dynamic driving task within its operational design domain;

} system failure.] [(18) {[} {and} "Level three automated driving system" or "level three ADS" means an ADS feature that:] - 26 - HB0581 compared with HB0581S02 [{(b)} (a) has the capability to perform {any maneuvers necessary to achieve } on a {minimal risk condition in response to:} sustained basis the entire dynamic driving task within its operational design domain;

and {(i)} ] [(b) {an exit from the operational design domain of the ADS;

} requires a fallback-ready user to operate the vehicle after receiving a request to intervene orin response to a system failure.

{(ii)} ] (17) "Level five ADS" means a level five 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)] (21) "Minimal risk condition" means a {system failure} condition to which a user or an ADS may bring a motor vehicle in order to reduce the risk of a crash when a given 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:include:{]} ;

(a)and} monitoring{(c) theif drivinga environment;human driver is present, a requirement that a human driver:} {(i) is responsible for object and event detection;

andand} (b){(ii) executingsupervises anthe appropriateADS responsefeature inwhile orderthe toADS performfeature theis dynamicengaged.} - 27 - HB0581 compared with HB0581S02 {(18)} (a) {"Level three automated driving task.system" or "level three ADS" means an ADS feature that:} monitoring the driving environment;

[(21)]and (23){(a)} "On-demand(b) autonomous{has vehiclethe network"capability means} aexecuting transportationan serviceappropriate networkresponse thatin usesorder a software application or other digital means to dispatchperform or{on otherwise enable the prearrangement of transportation with motor vehicles that have a levelsustained fourbasis orthe fiveentire ADS} inthe driverlessdynamic operationdriving fortask purposes{within ofits transportingoperational persons,design includingdomain; for-hire transportation and transportation for compensation.

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

[(23)][(21)] (25)(23) "Operational{[{and} design"On-demand domain"autonomous vehicle network" means a transportation service network that uses a software application or other digital means to dispatch or otherwise enable the operatingprearrangement conditionsof undertransportation whichwith motor vehicles that have a givenlevel four or five ADS in driverless operation for purposes of transporting persons, including for-hire transportation and transportation for compensation.]} [{(b)} (22)] (24) {requires a fallback-ready user to operate } "Operate" means the {vehicle after receiving a request to intervene or feature} thereofsame as that term is specificallydefined designedin {response to function,a including:system failure} Section 41-1a-102.

(a)[(23)] speed(25) range,{[{.} environmental,"Operational geographical,design anddomain" time-of-daymeans restrictions;the operating conditions under which a given ADS or feature thereof is specifically designed to function, including:{]} ;

orand} -{(c) 6requires -a HB0581S01human compareddriver withto:} HB0581S02{(i) (b)be theresponsible requisitefor presenceobject orand absenceevent ofdetection; certain traffic or roadway characteristics.

[(24)]and} (26){(ii) "Operator"supervise the ADS feature while the ADS feature is engaged.} {(19) "Level two automated driving system" or "level two ADS" means an ADS feature that:} {(a) performs sustained execution of the samesteering, asacceleration, thatand termdeceleration isaspects definedof ina Sectiondynamic 41-6a-102.driving task;

[(25)]and} (27){(b) "Passenger"requires means a userhuman ondriver boardto:} a{(i) vehiclebe whoresponsible hasfor noobject roleand inevent thedetection; operation of that vehicle.

[(26)]and} (28){(ii) "Person"supervise means the sameADS asfeature thatwhile termthe ADS feature is definedengaged.} in{[{(19)} Section(a){]} 41-6a-102.{{(20)} } "Minimal risk condition" means a condition to which a user or an ADS may bring a motor vehicle } speed range, environmental, geographical, and time-of-day restrictions;

[(27)]or (29)(b) "Remote{[{in driver"order means} athe humanrequisite driverpresence withor aabsence validof drivercertain licensetraffic whoor isroadway notcharacteristics.]} located[(24)] in(26) a{to positionreduce tothe manuallyrisk exerciseof in-vehiclea braking,crash accelerating,when steering,a orgiven transmissiontrip gearcannot selectionor inputshould devices,not butbe operatescompleted} "Operator" means the vehicle.same as that term is defined in Section 41-6a-102.

[(28)][{(20)} (30)(25)] "Request(21){(27) to"Object intervene"and meansevent thedetection notificationand byresponse} an"Passenger" ADSmeans to a fallback-ready user indicatingon thatboard thea fallback-readyvehicle userwho shouldhas promptlyno beginrole orin resumethe {subtasks } operation of the{the dynamic driving task } that {include:} vehicle.

[(29)]- (31)28 "Sustained- operationHB0581 ofcompared awith motorHB0581S02 vehicle"[{(a)} means(26)] the(28) performance{monitoring of} part"Person" ormeans all of the dynamic{driving drivingenvironment; 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.

[(30)]and} (32)same "Systemas failure"that meansterm ais malfunctiondefined in aSection driving41-6a-102. 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].

[(31)][{(b)} (33)(27)] "User"(29) {executing an appropriate response } "Remote driver" means a:a human driver with a valid driver license who is not located in {order } a position to {perform } manually exercise in- vehicle braking, accelerating, steering, or transmission gear selection input devices, but operates the {dynamic driving task} vehicle.

(a)[{(21)} human(28)] driver;(22){(30) "On-demand autonomous vehicle network} "Request to intervene" means {a transportation service network that uses a software application or other digital means to dispatch or otherwise enable } the notification by an ADS to a fallback-ready user indicating that the fallback- ready user should promptly begin or resume operation of the {prearrangement of transportation with motor vehicles that have a level four or } vehicle.

(b)[(29)] passenger;(31) {level five ADS in driverless } "Sustained operation {for } 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.

(c)[(30)] fallback-ready(32) user;{[{purposes of } "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]} [{transporting persons, including for-hire transportation and transportation for compensation.} , that the ADS would otherwise perform {[(22)] (23)} ]{"Operate" means the same as that term is defined in Section 41-1a-102} .

[{(23)} (31)] (24){(33) "Operational design domain} "User" means {the operating conditions under which a given ADS or (d)feature driverlessthereof operationis dispatcher.specifically designed to function, including:} a:

(a) {speed range, environmental, geographical, and time-of-day restrictions;

or} human driver;

(b) {the requisite presence or absence of certain traffic or roadway characteristics.} passenger;

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

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

{[(26)] (27)} {"Person" means the same as that term is defined in Section 41-6a-102.} - 29 - HB0581 compared with HB0581S02 {[(27)] (28)} {"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)} {"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)] (30)} {"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.} {[(30)] (31)} {"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.} {[(31)] (32)} {"User" means a:} {(a)} {human driver;} {(b)} {passenger;} {(c)} {fallback-ready user;

or} {(d)} driverless operation dispatcher.} {Section 6.

Section 41-26-103 is amended to read:

} 41-26-103.

Operation of motor vehicles equipped with an automated driving system.

(1) A motor vehicle equipped with a level two or level three ADS may operate on a highway in this state if:

(a) the motor vehicle is operated, whether by the ADS or human driver with a valid driver license, in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state, unless an exemption has been granted;

[(b) when required by federal law, the motor vehicle:] [(i) has been certified as being in compliance with all applicable motor vehicle safety standards;

and] [(ii) bears the required certification label, including reference to any exemption granted under federal law;] - 30 - HB0581 compared with HB0581S02 [(c)] (b) when operated by an ADS, if a system failure occurs that renders the ADS unable to perform the entire dynamic driving task relevant to the intended operational design domain of the ADS, the ADS will achieve a minimal risk condition or make a request to intervene;

and [(d)] (c) the motor vehicle is titled and registered in compliance with Section 41-26-107.

(2) A motor vehicle equipped with a level four or level five ADS may operate in driverless operation on a highway in this state if:

(a) the ADS is capable of operating in compliance with applicable traffic and motor vehicle laws and regulations of this state, unless an exemption has been granted;

[(b) when required by federal law, the motor vehicle:] [(i) has been certified as being in compliance with all applicable Federal Motor Vehicle Safety Standards and regulations;

and] [(ii) bears the required certification label including reference to any exemption granted under federal law;] [(c)] (b) a system failure occurs that renders the ADS unable to perform the entire dynamic driving task relevant to the intended operational design domain of the ADS, a minimal risk condition will be achieved;

and [(d)] (c) the motor vehicle is titled and registered in compliance with Section 41-26-107 and Section 41-1a-202.

(3) A vehicle being operated by [an] a level four or level five ADS or a remote driver is not considered unattended.

(4) For a vehicle equipped with a level two or level three ADS:

(a) a human driver remains the operator for purposes of:

(i) monitoring the roadway and traffic conditions;

(ii) responding to system alerts and takeover requests;

(iii) maintaining compliance with traffic laws;

and (iv) civil and criminal liability if the human driver:

(A) fails to maintain required attention;

(B) fails to respond to system warnings;

or (C) engages the system improperly;

and (b) an ADS manufacturer remains liable for:

(i) system malfunctions that cause or contribute to violations or crashes;

- 31 - HB0581 compared with HB0581S02 (ii) failure to provide adequate warnings or alerts;

and (iii) product defects under applicable product liability standards.