§ 32-9B-3 — Automated Commercial Vehicles - Operation Without Presence of Conventional Driver

Notwithstanding any other provision of law, an automated commercial motor vehicle may operate in this state without a conventional driver physically present in the vehicle if the vehicle meets all of the following criteria:
(1) The automated commercial vehicle is capable of operating in compliance with applicable federal law and the traffic and motor vehicle laws of this state, including without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.
(2) The automated commercial vehicle is registered and titled in accordance with the laws of this state.
(3) The automated commercial vehicle is certified in accordance with 49 C.F.R. Part 567 as being in compliance with federal motor vehicle safety standards and bears the required certification label or labels, including reference to any exemption granted under applicable federal law.
(4) The automated commercial vehicle can achieve a minimal risk condition if a failure occurs rendering the vehicle unable to perform the dynamic driving task relevant to its intended operational design domain or if the vehicle exits its operational design domain.
(5) The automated commercial vehicle is covered by motor vehicle liability coverage in an amount not less than two million dollars ($2,000,000).
(6) The registration of an automated commercial motor vehicle shall not be interpreted to abrogate or amend any statutory or regulatory provisions or any aspects of common law pertaining to liability for any harm or injury caused.

Legislative History

(Act 2019-496, §3.)