Florida Senate - 2012 SENATOR AMENDMENT Bill No. SB 1768 Barcode 297952 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 03/09/2012 11:46 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Negron moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Vehicles equipped with autonomous technology; 6 intent.— 7 (1) As used in this section, the term “autonomous 8 technology” means technology installed on a motor vehicle that 9 has the capability to drive the vehicle on which the technology 10 is installed without the active control or monitoring by a human 11 operator. The term excludes a motor vehicle enabled with active 12 safety systems or driver assistance systems, including, without 13 limitation, a system to provide electronic blind spot 14 assistance, crash avoidance, emergency braking, parking 15 assistance, adaptive cruise control, lane keep assistance, lane 16 departure warning, or traffic jam and queuing assistant, unless 17 any such system alone or in combination with other systems 18 enables the vehicle on which the technology is installed to 19 drive without the active control or monitoring by a human 20 operator. 21 (2) It is the intent of the Legislature to encourage the 22 safe development, testing, and operation of motor vehicles with 23 autonomous technology on the public roads of the state. The 24 Legislature finds that the state does not prohibit or 25 specifically regulate the testing or operation of autonomous 26 technology in motor vehicles on public roads. 27 Section 2. Subsection (89) is added to section 316.003, 28 Florida Statutes, to read: 29 316.003 Definitions.—The following words and phrases, when 30 used in this chapter, shall have the meanings respectively 31 ascribed to them in this section, except where the context 32 otherwise requires: 33 (89) AUTONOMOUS VEHICLE.—Any vehicle equipped with 34 autonomous technology. The term “autonomous technology” means 35 technology installed on a motor vehicle that has the capability 36 to drive the vehicle on which the technology is installed 37 without the active control or monitoring by a human operator. 38 The term excludes a motor vehicle enabled with active safety 39 systems or driver assistance systems, including, without 40 limitation, a system to provide electronic blind spot 41 assistance, crash avoidance, emergency braking, parking 42 assistance, adaptive cruise control, lane keep assistance, lane 43 departure warning, or traffic jam and queuing assistant, unless 44 any such system alone or in combination with other systems 45 enables the vehicle on which the technology is installed to 46 drive without the active control or monitoring by a human 47 operator. 48 Section 3. Section 316.85, Florida Statutes, is created to 49 read: 50 316.85 Autonomous vehicles; operation.— 51 (1) A person who possesses a valid driver license may 52 operate an autonomous vehicle in autonomous mode. 53 (2) For purposes of this chapter, unless the context 54 otherwise requires, a person shall be deemed to be the operator 55 of an autonomous vehicle operating in autonomous mode when the 56 person causes the vehicle’s autonomous technology to engage, 57 regardless of whether the person is physically present in the 58 vehicle while the vehicle is operating in autonomous mode. 59 Section 4. Section 319.145, Florida Statutes, is created to 60 read: 61 319.145 Autonomous vehicles.— 62 (1) An autonomous vehicle registered in this state must 63 continue to meet federal standards and regulations for a motor 64 vehicle. The vehicle shall: 65 (a) Have a means to engage and disengage the autonomous 66 technology which is easily accessible to the operator. 67 (b) Have a means, inside the vehicle, to visually indicate 68 when the vehicle is operating in autonomous mode. 69 (c) Have a means to alert the operator of the vehicle if a 70 technology failure affecting the ability of the vehicle to 71 safely operate autonomously is detected while the vehicle is 72 operating autonomously in order to indicate to the operator to 73 take control of the vehicle. 74 (d) Be capable of being operated in compliance with the 75 applicable traffic and motor vehicle laws of this state. 76 (2) Federal regulations promulgated by the National Highway 77 Traffic Safety Administration shall supersede this section when 78 found to be in conflict with this section. 79 Section 5. (1) Vehicles equipped with autonomous technology 80 may be operated on roads in this state by employees, 81 contractors, or other persons designated by manufacturers of 82 autonomous technology for the purpose of testing the technology. 83 For testing purposes, a human operator shall be present in the 84 autonomous vehicle such that he or she has the ability to 85 monitor the vehicle’s performance and intervene, if necessary, 86 unless the vehicle is being tested or demonstrated on a closed 87 course. Prior to the start of testing in this state, the entity 88 performing the testing must submit to the Department of Highway 89 Safety and Motor Vehicles an instrument of insurance, surety 90 bond, or proof of self-insurance acceptable to the department in 91 the amount of $5 million. 92 (2) The original manufacturer of a vehicle converted by a 93 third party into an autonomous vehicle shall not be liable in, 94 and shall have a defense to and be dismissed from, any legal 95 action brought against the original manufacturer by any person 96 injured due to an alleged vehicle defect caused by the 97 conversion of the vehicle, or by equipment installed by the 98 converter, unless the alleged defect was present in the vehicle 99 as originally manufactured. 100 (3) By February 12, 2014, the Department of Highway Safety 101 and Motor Vehicles shall submit a report to the President of the 102 Senate and the Speaker of the House of Representatives 103 recommending additional legislative or regulatory action that 104 may be required for the safe testing and operation of motor 105 vehicles equipped with autonomous technology. 106 Section 6. This act shall take effect July 1, 2012. 107 108 ================= T I T L E A M E N D M E N T ================ 109 And the title is amended as follows: 110 Delete everything before the enacting clause 111 and insert: 112 A bill to be entitled 113 An act relating to vehicles with autonomous 114 technology; defining the term “autonomous technology”; 115 providing legislative intent and findings; amending s. 116 316.003, F.S.; defining the terms “autonomous vehicle” 117 and “autonomous technology” when used in provisions 118 for traffic control; creating s. 316.85, F.S.; 119 authorizing a person who possesses a valid driver 120 license to operate an autonomous vehicle; specifying 121 that the person who causes the vehicle’s autonomous 122 technology to engage is the operator; creating s. 123 319.145, F.S.; requiring an autonomous vehicle 124 registered in this state to meet federal standards and 125 regulations for a motor vehicle; specifying certain 126 requirements for such vehicle; providing for the 127 application of certain federal regulations; 128 authorizing the operation of vehicles equipped with 129 autonomous technology by certain persons for testing 130 purposes under certain conditions; requiring an 131 instrument of insurance, surety bond, or self 132 insurance prior to the testing of a vehicle; limiting 133 liability of the original manufacturer of a vehicle 134 converted to an autonomous vehicle; directing the 135 Department of Highway Safety and Motor Vehicles to 136 prepare a report on the safe testing and operation of 137 vehicles equipped with autonomous technology and 138 submit the report to the Legislature by a certain 139 date; providing an effective date.