AB 69 — Revises provisions relating to autonomous vehicles. (BDR 43-246)

482A.030 “Autonomous vehicle” means a motor vehicle that is equipped with [autonomous technology.] an automated driving system which is designed to function at a level of driving automation of level 3, 4 or 5 pursuant to SAE J3016.

or - 79th Session (2017) – 5 – 2.

482A.0701.2AExcept [If]as 1.otherwise provided in subsection 2, if an autonomous vehicle is being tested or operated on a highway within this State, a human operator must be:

Except as otherwise provided in subsection 2, if an autonomous vehicle is being tested or operated on a highway within this State, a human operator must be:

[An] Except as otherwise provided in subsection 3, an autonomous vehicle shall not be tested or operated on a highway within this State with a human operator unless the autonomousautonomousay - *AB69_R2* – 6 – vehicle is [:] capable of operating in compliance with the applicable motor vehicle laws and traffic laws of this State, unless an exemption has been granted by the Department, and:

[(c)] and - 79th Session (2017) – 6 – (3) Equipped with a means to alert the human operator to take manual control of the autonomous vehicle if a failure of the [autonomous technology has been detected and such failure affects the ability of the autonomous technology to operate safely the autonomousaut(d) vehicle;Capable of being operated in compliance with the applicable motor vehicle laws and traffic laws of this State.] automated driving system occurs which renders the automated driving system unable to perform the dynamic driving task relevant to its intended operational design domain;

and (d) Capable of being operated in compliance with the applicable motor vehicle laws and traffic laws of this State.] automated driving system occurs which renders the automated driving system unable to perform the dynamic driving task relevant to its intended operational design domain;

The original manufacturer of a motor vehicle that has been converted by a third party into an autonomous vehicle is not liable for damages to any person injured due to a defect caused by the conversion of the motor vehicle [or by any equipment installed to facilitate the conversion] by the third party unless the defect that caused the injury was present in the vehicle as originally manufactured.

- *AB69_R2* – 7 – 2.

The Department [shall] may adopt regulations [authorizing] relating to the operation and testing of autonomous vehicles on highways within the State of Nevada [.] which are consistent with this chapter and do not impose additional - 79th Session (2017) – 7 – requirements upon the operation and testing of autonomous vehicles.

A regulation adopted pursuant to subsection 1 shall not become effective until at least 180 days after the regulation is ado3.edThe regulations [required to be] adopted by[by] thepursuant Department.to subsection 1 [must:] may:

3.

The regulations [required to be] adopted [by] pursuant to subsection 1 [must:] may:

and (f) Set forth such other requirements as the Department determines to be necessary.] Provide for the licensing of autonomousautSec. vehicle certification facilities.

Sec.11.vehNRS 482A.200 is hereby amended to read as follows:

11.

NRS 482A.200 is hereby amended to read as follows:

The driver’s license - *AB69_R2* – 8 – endorsement described in this section must, in its restrictions or lack thereof, recognize the fact that a person is not required to actively drive an autonomous vehicle.] No motor vehicle laws or traffic laws of this State shall be construed to require a human driver to operate a fully autonomous vehicle which is being operated by an automated driving system.

- 79th Session (2017) – 8 – Sec.

Except as otherwise provided in subsection 2, “driver” meansvehicle.ery every person who drives or is in actual physical control of a vehicle.2.

2.

The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles.

- *AB69_R2* – 9 – 3.

- 79th Session (2017) – 9 – Sec.

(a) Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read datadataor other using any such device to access or search the Internet or to engage in nonvoice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.

(c) A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a(d) medicalA emergency,person awho safetyis hazardresponding orto criminala activity.situation requiringty.

(d) A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.

(e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending - *AB69_R2* – 10 – disaster or emergency, participating in a drill, test, or other exercise in preparation for a disaster or emergency or otherwise communicating public information.

and - 79th Session (2017) – 10 – (2) While responding to a dispatch by the public utility to respond to an emergency, including, without limitation, a response to a power outage or an interruption in utility service.

The provisions of this section do not prohibit the use of a voice-operatedaffixed globalto positioningthe vehicle.ositioning or navigation system that is affixed4. to the vehicle.

4.

(a) “Handheld wireless communications device” means a handheld device for the transfer of information without the use of electrical conductors or wires and includes, without limitation, a cellular telephone, a personal digital assistant, a pager and a text messaging device.

- *AB69_R2* – 11 – (b) “Public utility” means a supplier of electricity or natural gas or a provider of telecommunications service for public use who is subject to regulation by the Public Utilities Commission of Nevada.

Sec.Secs.

13.13 and 14.

(Deleted by amendment.) - 79th Session (2017) – 11 – Sec.

14.

(Deleted by amendment.) Sec.

“Autonomous vehicle network company” has the meaningmeaSec. ascribed to it in section 14.24 of this act.

Sec.

1.1.to itIn addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the use of a dispatch center, software application or other digital means by an autonomous vehicle network company to connect a passenger to a fully autonomous vehicle for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for transportation services, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare.

In addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the use of a dispatch center, software application or other digital means by an autonomous vehicle network company to connect a passenger to a fully autonomous vehicle for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for transportation services, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare.

Sec.follows:14.09.

14.09.NRS 372B.070 is hereby amended to read as 372B.070 “Taxpayer” means :

NRS 372B.070 is hereby amended to read as follows:

372B.070 “Taxpayer” means :

- *AB69_R2* – 12 – Sec.

As used in this chapter unless the context otherwise requires, the words and terms defined in sections 14.22 - 79th Session (2017) – 12 – to 14.28, inclusive, of this act have the meanings ascribed to them in those sections.

“company” means an entity that, for compensation, connects a passenger to a fully autonomous vehicle which can provide transportation services to the passenger.

14.24.

“Autonomous vehicle network company” or “company” means an entity that, for compensation, connects a passenger to a fully autonomous vehicle which can provide transportation services to the passenger.

Sec.

Sec.the provisions of this chapter do not exempt any person from any2, law governing the operation of a motor vehicle upon the highways of this State.

14.33.

1.

Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

and (b) The provisions of chapters 706 and 706A of NRS, - *AB69_R2* – 13 – ¬ to the extent that the services provided by the company are within the scope of the permit.

- 79th Session (2017) – 13 – 2.

An autonomous vehicle network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.

(a) May combine the operations of an autonomous vehicle network company and a business regulated pursuant to chapter 706 of NRS;

Nothing in this chapter prohibits a company from collaborating to provide transportation services with any other person authorized to provide such services pursuant to this chapterchaSec. or chapter 706 or 706A of NRS.

Sec.

Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate an autonomous vehicle network company, the Authority shall issue to - *AB69_R2* – 14 – the applicant within 30 days a permit to operate an autonomous vehicle network company in this State.

- 79th Session (2017) – 14 – 2.

(a) Authorizes an autonomous vehicle network company to use a dispatch center, software application or other digital means to connectprovide passengerstransportation services to athe fullypassenger.which can (b) Does not authorize an autonomous vehicle whichnetwork cancompany provideto transportationengage servicesin any activity otherwise regulated pursuant to chapter 706 or 706A of NRS other than the passenger.activity authorized by this chapter.

(b) Does not authorize an autonomous vehicle network company to engage in any activity otherwise regulated pursuant to chapter 706 or 706A of NRS other than the activity authorized by this chapter.

For each year after the year in which the Authority issues a permit to an autonomous vehicle network company, the Authority shall levy and collect an annual assessment from the autonomous vehicle network company at a rate determined by the Authority based on the gross operating revenue derived from the intrastate operations of the autonomous vehicle network companycom3.nyThe inannual thisassessment State.levied and collected by the Authority pursuant to subsection 2 must be used by the Authority for the regulation of autonomous vehicle network companies.

3.

The annual assessment levied and collected by the Authority pursuant to subsection 2 must be used by the Authority for the regulation of autonomous vehicle network companies.

- *AB69_R2*79th Session (2017) – 15 – (a) On an Internet website maintained by the company;

3.passengers, the company must offer to each passenger the optiond to to receive, before the passenger enters the fully autonomous vehicle of the company, an estimate of the amount of the fare that will be charged to the passenger.

If a fare is charged for transportation services provided to passengers, the company must offer to each passenger the option to receive, before the passenger enters the fully autonomous vehicle of the company, an estimate of the amount of the fare that will be charged to the passenger.

3.proper functioning and safety of the fully autonomous vehiclee pursuant to chapter 482A of NRS and any applicable federal law or regulation.

The inspection required by subsection 2 must ensure the proper functioning and safety of the fully autonomous vehicle pursuant to chapter 482A of NRS and any applicable federal law or regulation.

If the company cannot provide the passenger with transportation services in a fully autonomous vehicle that is wheelchair accessible, the company must direct the - 79th Session (2017) – 16 – passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.

- *AB69_R2* – 16 – Sec.

For each instance in which an autonomous vehicle network company uses a fully autonomous vehicle to provide transportation services to a passenger, the company shall provide to the passenger, before the passenger enters the fullyfullyll autonomous vehicle, the license plate number of the fully autonomous vehicle.

An autonomous vehicle network company may enter into a contract with any agency of the Department of Health and Human Services to provide assistance in transportation pursuantpurSec. to the programs administered by the agency.

Sec.

1.1.rograAn autonomous vehicle network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

An autonomous vehicle network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

This subsection does not require a company to make any proprietary - 79th Session (2017) – 17 – information available to the Authority.

- *AB69_R2* – 17 – Sec.

Each autonomous vehicle network company shall:sha(a) Keep uniform and detailed accounts of all business transacted in this State and provide such accounts to the Authority upon request;

(a) Keep uniform and detailed accounts of all business transacted in this State and provide such accounts to the Authority upon request;

Except as otherwise provided in this section, an autonomous vehicle network company shall not disclose to any personreceived theservices personallyfrom identifiablethe informationcompany unless:tion of a passenger who received1. services from the company unless:

1.

- 79th Session (2017) – 18 – Sec.

Each autonomous vehicle network company shall provide to the Authority reports containing information relating to motor vehicle crashes which occurred in this State while a fully autonomous vehicle was providing transportation -information *AB69_R2*identified –in 18subsection –2 services.and be submitted:ontain the (a) For all crashes that occurred during the first 6 months that the company operates within this State, not later than 7 months after the date the company was issued a permit.

The reports required by this subsection must contain the information identified in subsection 2 and be submitted:

(a) For all crashes that occurred during the first 6 months that the company operates within this State, not later than 7 months after the date the company was issued a permit.

The Authority shall submit a report stating whether the limits of coverage required pursuant to section 14.9 of this act are sufficient and containing the information, in an aggregatedaggregateds act are format which does not reveal the identity of any person, submitted by autonomous vehicle network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:

- 79th Session (2017) – 19 – (b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

2.fully autonomous vehicle which is consistent with its operational design domain, as defined in section 3 of this act, or technological capabilities as a violation of subsection 1.

The Authority shall not consider any action taken by a fully autonomous vehicle which is consistent with its operational - *AB69_R2* – 19 – design domain, as defined in section 3 of this act, or technological capabilities as a violation of subsection 1.

or (c) Impose any combination of the penalties provided in paragraphspar2.rapTo (a)determine andthe (b).amount of an administrative fine imposed pursuant to paragraph (b) or (c) of subsection 1, the Authority shall consider:

2.

To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (c) of subsection 1, the Authority shall consider:

- 79th Session (2017) – 20 – Sec.

(a) Impose any tax or fee on an autonomous vehicle network company operating within the scope of a valid permit issued by the used by such a company to provide transportation services.ehicle (b) Require an autonomous vehicle network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter orto aobtain fullyfrom autonomousthe vehiclelocal usedgovernment byany suchcertificate, alicense companyor permit to provideoperate transportationwithin services.that scope.

(b) Require an autonomous vehicle network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local - *AB69_R2* – 20 – government any certificate, license or permit to operate within that scope.

(c) Exempts a fully autonomous vehicle used by a company from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

tax imposed pursuant to NRS 354.705, 371.043 or 3.

Each autonomous vehicle network company shall maintain insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS, procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, or a program of self-insurance which meets criteria established by the Authority in an amount of $1,500,000 or more for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that - 79th Session (2017) – 21 – occurs while providing transportation services using a fully autonomous vehicle pursuant to this chapter.

Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 34, inclusive, of this act.actSec.

Sec.

Sec.Secs.

18.18-20.

19.

(Deleted by amendment.) Sec.

20.

(Deleted by amendment.) - *AB69_R2* – 21 – Sec.

and (c) The fully autonomous vehicles will comply with the requirements of NRS 706.011 to 706.791, inclusive, and sections 16 to 25, inclusive, of this act, and any regulations adopted pursuant thereto.

and (b) Will comply with the applicable requirements of NRS 706.011 to 706.791, inclusive, and sections 16 to 25, inclusive, of this act, and any regulations adopted pursuant thereto.

Sec.Secs.

22.22-26.

23.

(Deleted by amendment.) Sec.

24.

(Deleted by amendment.) Sec.

25.

(Deleted by amendment.) Sec.

26.

(Deleted by amendment.) Sec.

Sec.Secs.

28.28-30.

29.

(Deleted by amendment.) Sec.

30.

(Deleted by amendment.) Sec.

The certificate holder holds a permit issued pursuant to section 14.55 of this act as an autonomous vehicle network - 79th Session (2017) – 22 – company and a permit to use autonomous vehicles to provide transportation services pursuant to section 14.5 of this act;

The fully autonomous vehicles will comply with the requirements of sections 706.881 to 706.885, inclusive, and sectionsadopted 26pursuant tothereto.ive, 34, inclusive, of this act, and any regulations adoptedSecs. pursuant thereto.

-32-34. *AB69_R2* – 22 – Sec.

32.

33.

(Deleted by amendment.) Sec.

34.

(Deleted by amendment.) Sec.

Sec.Secs.

36.36-39.

37.

(Deleted by amendment.) Sec.

38.

(Deleted by amendment.) Sec.

39.

(Deleted by amendment.) Sec.

3.confer regulatory authority over taxicab motor carriers upon theich Nevada Transportation Authority do not apply.

Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

Sec.Secs.

42.42-47.

43.

(Deleted by amendment.) Sec.

44.

(Deleted by amendment.) Sec.

45.

(Deleted by amendment.) Sec.

46.

(Deleted by amendment.) Sec.

47.

(Deleted by amendment.) - *AB69_R2* – 23 – Sec.

Sec.Secs.

49.49-53.

(Deleted by amendment.) - 79th Session (2017) – 23 – Sec.

50.

(Deleted by amendment.) Sec.

51.

(Deleted by amendment.) Sec.

52.

(Deleted by amendment.) Sec.

53.

(Deleted by amendment.) Sec.

Nothing in this chapter shall be construed to prohibit a transportation network company from obtaining a permit to act as an autonomous vehicle network company pursuant to section 14.55 of this act and providing, within the scope14.9, inclusive, of suchthis aact.ervices permit, the services authorized by sections 14.2 to 14.9,Secs. inclusive, of this act.

Sec.55-69.

55.

56.

(Deleted by amendment.) Sec.

57.

(Deleted by amendment.) Sec.

58.

(Deleted by amendment.) Sec.

59.

(Deleted by amendment.) Sec.

60.

(Deleted by amendment.) Sec.

61.

(Deleted by amendment.) Sec.

62.

(Deleted by amendment.) Sec.

63.

(Deleted by amendment.) Sec.

64.

(Deleted by amendment.) Sec.

65.

(Deleted by amendment.) Sec.

66.

(Deleted by amendment.) Sec.

67.

(Deleted by amendment.) Sec.

68.

(Deleted by amendment.) Sec.

69.

(Deleted by amendment.) Sec.

- *AB69_R2* – 24 – 2.

Notwithstanding the effective date of any regulation adopted by the Nevada Transportation Authority pursuant to sections 14.2 to 14.9, inclusive, of this act on or before January 1, 2018, an autonomous vehicle network company issued a permit pursuant to subsection 1 must not be required to comply with the provisions of theSecretary regulationof untilState.l 180 days after the regulation is filed with the Secretary3. of State.

3.A permit issued pursuant to subsection 1 expires on the date days after a regulation adopted by the Nevada Transportation Authority to carry out the provisions of sections 14.2 to 14.9, inclusive, of this act is filed with the Secretary of State.

AIf permita issuedperson pursuantwho toholds subsectionsuch 1a expirespermit onwishes theto datecontinue 180to daysoperate afteran aautonomous regulationvehicle adoptednetwork bycompany, the Nevadaperson Transportationmust Authorityapply tofor carryand outbe theissued provisionsa ofpermit pursuant to sections 14.2 to 14.9, whoinclusive, holdsof suchthis aact permitand wishesthe toregulations continueadopted topursuant operatethereto. anate.

If a person autonomous vehicle network company, the person must apply for and be issued a permit pursuant to sections 14.2 to 14.9, inclusive, of this act and the regulations adopted pursuant thereto.

- 79th Session (2017) – 24 – Sec.

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