§ 242:1 — Automated Vehicle Testing Pilot Program and Deployment Requirements

New Hampshire § 242:1

• Jurisdiction: New Hampshire
• Title XX: TRANSPORTATION
• Ch. 242: AUTOMATED VEHICLE TESTING AND DEPLOYMENT PILOT PROGRAM

Text

I. The department of safety, division of motor vehicles, shall establish a pilot program to test automated vehicle technologies on public roads within the state. The pilot program shall commence 90 days following the effective date of this section.
II. The following words and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
(a) "Automated driving system" or "ADS" means the hardware and software that are collectively capable of performing all aspects of the dynamic driving task within its operational design domain, if any, including achieving a minimal risk condition, without any intervention or supervision by a conventional human driver. ADS shall be used to describe vehicles equipped with autonomous or both autonomous and connected technologies that provide level 4 or 5 automation as defined in SAE International, J3016.
(b) "ADS-equipped vehicle" means a vehicle equipped with an automated driving system.
(c) "Conventional human driver" means a natural person who manually engages in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle.
(d) "Driverless capable vehicle" means a vehicle equipped with an automated driving system capable of performing all aspects of the dynamic driving task within its operational design domain, if any, including achieving a minimal risk condition, without any intervention or supervision by a conventional human driver.
(e) "Driverless operation" means a mode of ADS-equipped vehicle operation in which either no on-board user is present, or in which on-board users who are present are not conventional human drivers.
(f) "Dynamic driving task" means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic within its specific operational design domain, if any, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints.
(g) "Minimal risk condition" means a reasonably safe state to which an automated driving system brings an ADS-equipped vehicle upon experiencing a performance-relevant failure of the vehicle's automated driving system that renders the automated driving system unable to perform the entire dynamic driving task, such as bringing the vehicle to a complete stop and activating the hazard lamps.
(h) "On-demand driverless capable vehicle network" means a transportation service network that uses a software application or other digital means to dispatch driverless capable vehicles for purposes of transporting persons or goods, including for-hire transportation, transportation for compensation, and public transportation.
(i) "Operational design domain" means a description of the specific operating domain in which an automated driving system is designed to properly operate, including but not limited to roadway types, speed range, environmental conditions such as weather or time of day, and other domain constraints.
(j) "Test driver" means a trained employee, contractor, or other person who is acting as an agent of the testing entity while operating the testing entity's ADS-equipped vehicles that are part of the automated vehicle testing pilot program.
(k) "Testing entity" means an individual, company, college or university, nonprofit, or other organization involved with the design or testing of automated vehicle technologies.
III. (a) A testing entity may test ADS-equipped vehicles on public roadways of this state only if the testing entity has been approved for testing by the department after submitting the information required pursuant to this section.
(b) A testing entity seeking to test ADS-equipped vehicles in this state shall provide notice to the department, upon forms furnished by the department for that purpose, of its intent to participate in the automated vehicle testing pilot program. Such forms shall be accompanied by the following information:
(1) The name and business address of the testing entity intending to test ADS-equipped vehicles on state roadways.
(2) The name, phone number, email address, and physical address in state, if present, of lead staff contact for the testing entity with oversight of the testing project.
(3) Identification information about the vehicles to be used in testing, including the make, model, and license plate numbers.
(4) A description of the operating design domain in which the ADS-equipped vehicle has been designed to operate, including limitations on the types of roadways, weather, time of day, or geographic locations, if any.
(5) The geographic areas within the state in which the entity plans to test ADS-equipped vehicles.
(6) A copy of the testing entity's Voluntary Safety Self-Assessment as defined by the United States Department of Transportation's Federal Automated Vehicles Policy or a detailed summary of the types of safety training given to test drivers, including copies of any documentation or illustration provided.
(7) Proof of the testing entity's financial ability to satisfy judgment for damages for personal injury or property damage of at least $5 million, which may be in the form of an issued insurance policy, a bond, or other financial instrument.
(8) Acknowledgment, via official form furnished by the department, that:
(A) The ADS-equipped vehicle is in compliance with all applicable federal laws and regulations, or has an exemption under federal law.
(B) The ADS-equipped vehicle is designed to comply with all traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task, unless an exemption has been granted by the department.
(C) The automated driving system has been tested in controlled conditions and has demonstrated functionality ready to test on public roads.
(D) The ADS-equipped vehicle shall only be operated or monitored by trained employees, or other authorized persons as agents of the testing entity who have received instruction on the safe operation of vehicle systems.
(E) The ADS-equipped vehicle test driver holds a valid driver's license that is recognized by the state as affording the individual the privilege of legally operating a motor vehicle on state roadways.
IV. Upon receipt of the information detailed in paragraph III, the department shall:
(a) Review the materials as submitted and, if necessary, request in writing any further information needed to support the application. A testing entity shall not be required to release information that may be proprietary or confidential business information. If the department requests further information, the petitioner shall submit such information or provide a satisfactory explanation of any omission from the materials within 15 business days of the request. Within 15 business days of receipt of the additional information, the department shall review and respond, either with an additional request for information or with the acknowledgment that all questions have been satisfactorily answered.
(b) Collect an annual fee of $500 from each testing entity participating in the automated vehicle testing pilot program.
V. A testing entity in the automated vehicle testing pilot program may operate an ADS-equipped vehicle without a test driver or conventional human driver in the vehicle, provided that:
(a) A testing entity that wishes to test an ADS-equipped vehicle without a test driver or conventional human driver in the vehicle shall first provide notice to the department of its intention to proceed with such testing. Such notice shall include:
(1) An acknowledgment by the testing entity that the ADS-equipped vehicles in the automated vehicle testing pilot program are capable of achieving a minimal risk condition if a malfunction of the automated driving system occurs that renders that system unable to perform the entire dynamic driving task within its intended operational design domain, if any.
(2) A copy of the testing entity's emergency response guide, including information on how to instruct law enforcement, fire, and emergency medical personnel on safe interaction with the vehicle in emergency and traffic enforcement situations.
(b) The department shall distribute any emergency response guide received pursuant to subparagraph (a)(2) to all law enforcement, fire, and emergency response personnel with jurisdiction over the geographic area in the vicinity of the test entity's stated testing area.
VI. (a) The department may suspend or refuse a testing entity's ability to participate in the pilot program if it finds that:
(1) The testing entity's ADS-equipped vehicle had a significant or recurring failure to comply with the rules of the road of this state or any other state that presented an undue risk to public safety.
(2) The testing company submitted a material misstatement on the materials submitted to the department.
(b) If the department suspends or refuses to renew a testing entity's ability to test, the department shall provide written notice to the testing entity within 48 hours, detailing the grounds that led to the department's actions, as well as specific actions available to the testing entity to cure.
VII. The department shall provide regular updates on the automated vehicle testing pilot program to the New Hampshire transportation council established under RSA 238-A:2.
VIII. (a) Operation on the public roads of this state of an ADS-equipped vehicle capable of performing the entire dynamic driving task within its operational design domain while a conventional human driver is present is lawful under RSA 263, RSA 264, RSA 265, and RSA 266.
(b) The automated driving system, while engaged, shall be designed to operate within its operational design domain in compliance with all applicable traffic and motor vehicle safety laws and regulations of this state that specifically govern the performance of the dynamic driving task, unless an exemption has been granted by the department. Any such operation shall comply as well with the applicable traffic and motor vehicle safety laws and regulations of this state.
IX. A driverless capable vehicle may operate on the public roads of this state without a conventional human driver, provided that the vehicle meets the following conditions:
(a) The vehicle is capable of achieving a minimal risk condition if a malfunction of the automated driving system occurs that renders that system unable to perform the entire dynamic driving task within its intended operational design domain, if any;
(b) While in driverless operation, the vehicle is capable of operating in compliance with all applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task, unless an exemption has been granted by the department. Any such operation shall comply as well with the applicable traffic and motor vehicle safety laws and regulations of this state;
(c) The vehicle is in compliance with all federal laws and regulations or has an exemption under federal law; and
(d) Prior to such operation, the owner or the manufacturer of such a vehicle shall have submitted proof of financial responsibility satisfactory to the department that the driverless vehicle is covered by insurance or proof of self-insurance that satisfies the requirements of RSA 264.
X. (a) A person may operate an on-demand driverless capable vehicle network, provided that driverless vehicles utilized in such a network comply with the requirements of paragraph IX. Such a network may provide transportation of persons or goods, including:
(1) For-hire transportation;
(2) Public transportation; and
(3) Transportation for multiple passengers who agree to share the ride in whole or in part.
(b) An on-demand driverless capable vehicle network may connect passengers to driverless capable vehicles either exclusively or as part of a digital network that also connects passengers to human drivers who provide transportation services, consistent with applicable law, in vehicles that are not driverless capable vehicles.
XI. In the event of an accident in which a vehicle under driverless operation is involved the vehicle shall comply with RSA 264:25 where applicable and to the extent possible, and the vehicle's owner or a person on behalf of the vehicle's owner shall promptly report the accident to law enforcement authorities. If a vehicle under driverless operation fails to remain at the scene of an accident or the operation of the vehicle fails to otherwise comply with RSA 264:25 where applicable and to the extent possible as required by this section, the vehicle's failure shall be imputed to the vehicle's owner, and the vehicle's owner may be charged and convicted of a violation of RSA 264:25 as applicable. However, if the vehicle's failure is due to an error or malfunction in the automated driving system, the vehicle's failure shall instead be imputed to the vehicle's manufacturer, and the vehicle's manufacturer may be charged and convicted for a violation of RSA 264:25 as applicable.
XII. Before an ADS-equipped vehicle may operate on public roads in this state, an owner of such a vehicle shall submit proof of financial responsibility satisfactory to the department that the ADS-equipped vehicle is covered by insurance or proof of self-insurance that satisfies the requirements of RSA 264.
XIII. (a) The automated vehicle testing pilot program, ADS-equipped vehicles, and automated driving systems generally, shall be governed exclusively by this chapter. The department is the sole and exclusive state agency that may implement the provisions of this chapter.
(b) No state or local entity may impose any additional requirements specific to the operation of the automated vehicle testing pilot program, ADS-equipped vehicles, on-demand driverless capable vehicle network, or automated driving systems generally.
(c) No state or local entity may impose a tax, fee, or other requirement on the operation of the automated vehicle testing pilot program, ADS-equipped vehicles, on-demand driverless capable vehicle network, or automated driving systems generally, where such tax, fee, or other requirement relates specifically to the operation of ADS-equipped vehicles.
XIV. Subject to paragraph VIII, no motor vehicle laws of this state shall be construed so as to require a conventional human driver to operate an ADS-equipped vehicle, and the automated driving system, when engaged, shall be deemed to fulfill any physical acts required of a conventional human driver to perform the dynamic driving task.

Legislative History

2019, 310:4, eff. Sept. 1, 2019 and July 1, 2021.