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Minnesota Legislature

Office of the Revisor of Statutes

SF 2173

as introduced - 91st Legislature (2019 - 2020) Posted on 03/08/2019 08:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to motor vehicles; regulating autonomous vehicle testing; establishing a
penalty; requiring a report; amending Minnesota Statutes 2018, section 169.011,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 174.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Automated driving system. new text end

new text begin "Automated driving system" means technology
that allows a vehicle to be tested without any control or monitoring by a human.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 29a. new text end

new text begin Federal motor vehicle safety standards automated vehicle
exemption.
new text end

new text begin "Federal motor vehicle safety standards automated vehicle exemption" means
an exemption from the United States secretary of transportation from the motor vehicle
safety standards under the National Traffic and Motor Vehicle Safety Act.
new text end

Sec. 3.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 34a. new text end

new text begin Highly automated vehicle. new text end

new text begin "Highly automated vehicle" means a motor
vehicle equipped with automated technology with the capability to function without a human
operator present in the vehicle. A highly automated vehicle does not include a vehicle
enabled with active safety systems or operator assistance systems, including but not limited
to a system to provide electronic blind spot assistance, crash avoidance, emergency braking,
parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning,
or traffic jam and queuing assistance, unless these technologies alone or in combination
with other systems enable the vehicle to test without any control or monitoring by an operator.
new text end

Sec. 4.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 40b. new text end

new text begin Minimal risk condition. new text end

new text begin "Minimal risk condition" means a low risk operating
mode in a highly automated vehicle that allows the vehicle to reach a reasonably safe state
such as bringing the vehicle to a complete stop or activating the hazard lamps if the automated
driving system experiences failures or operates outside of its design parameters.
new text end

Sec. 5.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 50a. new text end

new text begin Operator. new text end

new text begin "Operator" means the person who drives or is in actual physical
control, or the natural person remotely testing a highly automated vehicle or who engages
the automated driving system. For purposes of Minnesota law an operator is equal in
responsibility and penalty to a driver as defined in subdivision 24.
new text end

Sec. 6.

new text begin [174.46] AUTOMATED VEHICLE TESTING.
new text end

new text begin Subdivision 1. new text end

new text begin Permit required. new text end

new text begin A permit is required to engage an automated driving
system on a highly automated vehicle on the public roads of this state. The permit may
include conditions and restrictions to ensure safety, minimize congestion, and address other
transportation needs.
new text end

new text begin Subd. 2. new text end

new text begin License and vehicle registration requirements. new text end

new text begin (a) A license to lawfully
operate a motor vehicle is required, unless the highly automated vehicle does not have the
ability to be operated by a human.
new text end

new text begin (b) Commercial vehicles, as defined in section 169.011, subdivision 16, must have a
human operator present in the highly automated vehicle able to immediately assume control
of the vehicle.
new text end

new text begin (c) The highly automated vehicle must be registered in accordance with state law or
lawfully registered outside of this state.
new text end

new text begin Subd. 3. new text end

new text begin Permit to test. new text end

new text begin (a) The commissioner may grant or deny a permit application
for the testing of a highly automated vehicle. To obtain a permit for the testing of a highly
automated vehicle a person must submit an application on a form prescribed by the
commissioner. An application must include:
new text end

new text begin (1) dates and locations of the proposed test;
new text end

new text begin (2) certification that the highly automated vehicle meets federal safety standards, received
a federal motor vehicle safety standards automated vehicle exemption, or is otherwise in
compliance with federal safety regulations;
new text end

new text begin (3) certification that operators meet the license requirements of subdivision 2;
new text end

new text begin (4) identification of the owner on the proof of insurance of the highly automated vehicle
to determine liability;
new text end

new text begin (5) proof that the highly automated vehicle is lawfully registered;
new text end

new text begin (6) a description of previous testing experience and results of previous tests;
new text end

new text begin (7) whether or not a human is testing the highly automated vehicle;
new text end

new text begin (8) whether an exemption from any state law is being requested;
new text end

new text begin (9) proof of valid and sufficient insurance, surety bond, or self-insurance in an amount
specified by the commissioner; and
new text end

new text begin (10) any additional information deemed necessary by the commissioner.
new text end

new text begin (b) The commissioner may require the highly automated vehicle to be tested at a closed
facility before the vehicle is allowed to operate on public roadways.
new text end

new text begin (c) The commissioner must obtain approval from the commissioner of public safety
before granting a permit.
new text end

new text begin (d) The commissioner must notify and coordinate with local and tribal governments if
the proposed testing route is located on local or tribal roads. A local road authority may
require a permit for testing if a permit would be otherwise required for a vehicle other than
a highly automated vehicle.
new text end

new text begin (e) The commissioner may deny an application. Notice of the reasons for denying an
application must be provided in writing. Failure to approve a permit application within 60
days does not constitute an approval of the application.
new text end

new text begin Subd. 4. new text end

new text begin Restrictions. new text end

new text begin A highly automated vehicle may be tested with the automated
driving system engaged and without a human driver being present in the vehicle if:
new text end

new text begin (1) the owner or operator has been granted a permit under this section;
new text end

new text begin (2) the vehicle has the capability to meet the applicable requirements of traffic and motor
vehicle safety laws and regulations of this state unless an exemption, as requested in
subdivision 3, has been granted by the commissioner of public safety for the limited purpose
of testing highly automated vehicles under this section; and
new text end

new text begin (3) the operator must continuously monitor the vehicle's performance while it is being
operated and, if necessary, immediately take control of the vehicle's movements. If the
operator does not or is unable to take control of the vehicle, the vehicle must be capable of
achieving a minimal risk condition.
new text end

new text begin Subd. 5. new text end

new text begin Collision reporting and data. new text end

new text begin In the event of a collision, the driver, operator,
or owner of a highly automated vehicle must promptly contact law enforcement to report
the accident, and the highly automated vehicle and its driver or operator must remain at the
scene of the accident as otherwise required by law. If the highly automated vehicle is being
operated remotely, the operator must make reasonable efforts to establish and maintain
communication with law enforcement. The driver, operator, or owner must comply with
collision reporting requirements as otherwise required by law. In the event of a collision,
the operator must submit information on whether the automated driving system was engaged
at the time of the collision and what specific component of the automated driving system
failed at the time of the collision, if known.
new text end

new text begin Subd. 6. new text end

new text begin Compliance with laws; misdemeanor; public safety. new text end

new text begin (a) Testing a highly
automated vehicle without a permit constitutes a misdemeanor. Upon issuing a citation, law
enforcement may impound or immobilize the vehicle. The vehicle may not be used until
the operator has obtained the required permit in accordance with this section.
new text end

new text begin (b) The commissioners of public safety or transportation may immediately prohibit
testing of a highly automated vehicle if it poses a risk to public safety or fails to comply
with the conditions of the approved permit.
new text end

new text begin Subd. 7. new text end

new text begin Data; reporting. new text end

new text begin (a) Data related to highly automated vehicles is governed by
the requirements of chapter 13. Trade secret data provided by the industry is protected under
section 13.37. The tester must meet with the commissioner and the Minnesota Council on
Disability to discuss lessons learned and best practices.
new text end

new text begin (b) No later than October 31 each year until 2024, the commissioner must submit a report
to the chairs and ranking minority members of the senate and house of representatives
transportation committees on highly automated vehicle testing. The report must include the
number of highly automated vehicles on the road, testing locations, whether the highly
automated vehicles were on public roads, and whether any collisions occurred.
new text end

new text begin Subd. 8. new text end

new text begin Uniform laws. new text end

new text begin Unless otherwise provided in this section, highly automated
vehicles, automated driving systems, and any commercial use or operation of highly
automated vehicles shall be governed by this section, notwithstanding any other provision
of law or rule to the contrary. No rules or regulations relative to the operation of highly
automated vehicles or automated driving systems shall be adopted which limit the authority
to operate such vehicles or systems conferred by this section or which conflict with this
section. This section does not limit a local unit of government's authority to enforce local
parking and land use ordinances.
new text end