What's happening
This bill authorizes and regulates the testing and operation of autonomous vehicles on New York public highways, addresses liability, and requires a DMV study.
Why it matters
Defines what counts as "autonomous technology" and "autonomous vehicles," making it clear that only vehicles capable of truly driverless operation (not just advanced driver-assist systems) are covered. This distinction affects which vehicles can be tested and operated under the new rules.
Sets specific safety requirements for autonomous vehicles, such as operator alerts for tech failures and clear indicators when in autonomous mode. These mandates are designed to ensure that humans can intervene if needed and that everyone in or around the vehicle knows when it's self-driving, potentially improving road safety.
Clarifies legal liability by protecting original manufacturers, dealers, and distributors from lawsuits if a vehicle is converted to autonomous use by a third party, unless the problem existed before conversion. This could encourage innovation in aftermarket autonomy tech but may shift legal risks to converters and operators.
Requires significant insurance coverage ($5 million minimum) for entities testing autonomous vehicles on public roads, with mandatory human oversight during tests. This aims to safeguard the public financially and physically during the technology’s development phase.
Mandates a DMV-led study and recommendations on further legislative actions, signaling that the law is a first step and that more regulations are likely as technology and experience evolve. This ongoing review could shape future rules as autonomous vehicles become more common.
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Who cares
Autonomous technology manufacturers
The bill would authorize highway testing with a human operator aboard who can resume control and require at least $5 million in insurance, a surety bond or acceptable proof of self-insurance before testing.
Class D license holders
The bill would allow them to operate autonomous vehicles on public highways and treat whoever engages the technology as the operator, even if that person is outside the vehicle.
Original vehicle manufacturers, distributors and dealers
The bill would shield them from liability for defects caused by third-party autonomous conversions or installed equipment, unless the defect is alleged to have existed in the vehicle as originally manufactured.
New York State Department of Motor Vehicles
The bill would require the commissioner to study autonomous vehicle testing and operation and report findings and legislative recommendations to the governor and legislature by February 12, 2021.
Headline styles
Regulate Self-Driving Cars
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2643
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing the testing and operation of autonomous motor vehicles upon public highways; to amend the general obligations law, in relation to the liability of motor vehicle manufacturers for vehicles converted to autonomous motor vehicles; and directing the commissioner of motor vehicles to make recommendations upon additional legislative actions relating to autonomous vehicles
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The legislature hereby declares that it intends to encourage and support the safe development, testing and operation of motor vehicles with autonomous technology upon the public highways of the state. This state, while not prohibiting the testing and operation of motor vehicles with autonomous technology, hereby regulates such testing and operation.
§ 2. The vehicle and traffic law is amended by adding two new sections 100-e and 100-f to read as follows:
§ 100-e. Autonomous technology. Technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control or monitoring by a human operator. Such term excludes a motor vehicle enabled with active safety systems or driver assistance systems, including, without limitation, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warning, or traffic jam and queuing assistant, unless any such system alone or in combination with other systems enables the motor vehicle on which the technology is installed to drive without the active control or monitoring by a human operator.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00727-01-9
A. 2643 2
§ 100-f. Autonomous vehicle. A motor vehicle equipped with autonomous technology.
§ 3. The vehicle and traffic law is amended by adding a new section 379 to read as follows:
§ 379. Autonomous vehicles. 1. Autonomous vehicles registered in this state shall comply with all federal standards and regulations applicable to motor vehicles. In addition, each autonomous vehicle shall:
(a) have a means to engage and disengage the autonomous technology therein which is easily accessible to the operator of the autonomous vehicle;
(b) have the means, inside such vehicle, to indicate to the operator thereof when the autonomous vehicle is operating in autonomous mode;
(c) have a means to alert the operator thereof if a technology failure affecting the ability of such vehicle to safely operate autonomously is detected while the autonomous vehicle is operating autonomously, so as to direct the vehicle operator to resume control of the motor vehicle; and
(d) be capable of being operated in compliance with the provisions of this chapter and any rules and regulations promulgated pursuant thereto.
2. All federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede any inconsistent provision of subdivision one of this section.
§ 4. The vehicle and traffic law is amended by adding a new section 507-a to read as follows:
§ 507-a. Operation of autonomous vehicles. 1. Any person who holds a class D license or its equivalent may operate an autonomous vehicle in autonomous mode upon a public highway.
2. For the purposes of this chapter, a person shall be deemed to be operating an autonomous vehicle operating in autonomous mode when such person causes such vehicle's autonomous technology to engage, regardless of whether such person is physically present in the autonomous vehicle.
§ 5. The vehicle and traffic law is amended by adding a new section 1212-a to read as follows:
§ 1212-a. Testing of autonomous vehicles. 1. Motor vehicles with autonomous technology are authorized to be operated on public highways by employees, contractors or other persons designated by a manufacturer of autonomous technology for the purpose of testing such technology. Provided, however, that for the purposes of this section a human operator shall be present within the motor vehicle such that such operator has the ability to monitor such vehicle's performance and resume full control of the motor vehicle, if necessary.
2. Prior to the commencement of any testing pursuant to this section, the entity shall submit to the department an instrument of insurance, surety bond or proof of self-insurance acceptable to the commissioner in an amount of not less than five million dollars.
§ 6. Article 9 of the general obligations law is amended by adding a new title 3 to read as follows:
TITLE 3
AUTONOMOUS VEHICLES Section 9-301. Definitions.
9-303. Liability of original manufacturer, distributor or deal-
er.
§ 9-301. Definitions. As used in this title:
1. "Autonomous vehicle" shall have the same meaning as provided in section one hundred-f of the vehicle and traffic law.
A. 2643 3
2. "Motor vehicle" shall have the same meaning as provided in section one hundred twenty-five of the vehicle and traffic law.
§ 9-303. Liability of original manufacturer, distributor or dealer. The original manufacturer, distributor or dealer of a motor vehicle converted to be an autonomous vehicle by a third party after delivery of such motor vehicle by such manufacturer, distributor or dealer, shall not be liable in, shall have an absolute defense to and shall be discharged from any cause of action commenced by any person for damages due to an alleged motor vehicle defect caused by the conversion of such vehicle to an autonomous vehicle, or by any equipment installed upon a motor vehicle by the person who converted such vehicle to an autonomous vehicle, unless such defect is alleged to have been present in the motor vehicle as originally manufactured.
§ 7. The commissioner of motor vehicles shall study the operation and testing of autonomous vehicles, and shall, on or before February 12, 2021, report his or her findings and recommendations to the governor and the legislature. Such report shall include recommendations and such legislative proposals as shall be deemed necessary for the safe testing and operation of motor vehicles equipped with autonomous technology.
§ 8. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.