Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 339.1
                                                 HOUSE BILL NO. 339
                        INTRODUCED BY D. LOGE, D. FERN, R. FITZGERALD, N. DURAM
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING MOTOR VEHICLE LAWS TO REGULATE VEHICLES
  WITH AUTOMATED DRIVING SYSTEMS; PROVIDING FOR PRESUMPTIONS OF LIABILITY; PROVIDING
  THAT DUI LAWS APPLY TO OPERATING AN AUTONOMOUS VEHICLE; PROHIBITING USE OF FULLY
  AUTONOMOUS VEHICLES ON HIGHWAYS UNTIL RULEMAKING IS COMPLETE; PROHIBITING
  PLATOONING ON HIGHWAYS UNTIL RULEMAKING IS COMPLETE; DEFINING TERMS; PROVIDING
  RULEMAKING AUTHORITY; AMENDING SECTIONS 61-8-1001, 61-8-1002, 61-8-1016, AND 61-8-1018,
  MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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            NEW SECTION. Section 1.       Definitions. As used in [sections 1 through 7], the following definitions
  apply:
            (1)     "Automated driving system" means, unless the context clearly indicates otherwise, the
  hardware and software that are collectively capable of performing the entire dynamic driving task on a
  sustained basis, regardless of whether the automated driving system is limited to a specific operational design
  domain.
            (2)     "Developer or manufacturer" means any entity in the chain of manufacture of a vehicle with an
  automated driving system, including entities in the chain of manufacture of the automated driving system.
            (3)     (a) "Dynamic driving task" means all of the real-time operational and tactical functions required
  to operate a motor vehicle in highway traffic, including:
            (i)     lateral vehicle motion control through steering;
            (ii)    longitudinal motion control through acceleration and deceleration;
            (iii)   monitoring the driving environment through object and event detection, recognition,
  classification, and response preparation;
            (iv)    object and event response execution;
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68th Legislature 2023                                                                                            HB 339.1
          (v)      maneuver planning; and
          (vi)     enhancing the conspicuousness of the vehicle with lights, signals, and gestures.
          (b)      The term does not include strategic functions such as trip scheduling and selection of
  destinations and waypoints.
          (4)      "Fallback-ready user" means the user of a vehicle equipped with an engaged level 3 automated
  driving system who is a human driver who is responsible to operate the vehicle if a system failure occurs or the
  automated driving system issues a request to intervene.
          (5)      "Human driver" means a natural person with a valid driver's license to operate a motor vehicle
  of the proper class for the motor vehicle being operated and who performs in real time all or part of the dynamic
  driving task.
          (6)      "Level 1 automated driving system" means a system that provides to a driver one of the
  following:
          (a)      braking and accelerating support; or
          (b)      steering support.
          (7)      "Level 2 automated driving system" means a system that provides to a driver both of the
  following:
          (a)      braking and accelerating support; and
          (b)      steering support.
          (8)      "Level 3 automated driving system" means an automated driving system feature that:
          (a)      has the capability to perform on a sustained basis the entire dynamic driving task within its
  operational design domain; and
          (b)      requires a fallback-ready user to operate the vehicle after receiving a request to intervene or in
  response to a system failure.
          (9)      "Level 4 automated driving system" means an automated driving system feature that, without
  any expectation a human user will respond to a request to intervene, has the capability to perform:
          (a)      on a sustained basis the entire dynamic driving task within its operational design domain; and
          (b)      any maneuvers necessary to achieve a minimal risk condition in response to:
          (i)      an exit from the operational design domain of the automated driving system; or
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68th Legislature 2023                                                                                            HB 339.1
          (ii)      a system failure.
          (10)      "Level 5 automated driving system" means an automated driving system feature that, without
  any expectation a human user will respond to a request to intervene, has the capability to perform:
          (a)       on a sustained basis the entire dynamic driving task under all conditions that can reasonably
  be managed by a human driver; and
          (b)       any maneuvers necessary to respond to a system failure.
          (11)      "Minimal risk condition" means a condition to which a user or an automated driving system
  brings a motor vehicle to reduce the risk of a crash when a trip cannot or should not be completed.
          (12)      "Object and event detection" and "object and event response" mean the subtasks of the
  dynamic driving tasks that include:
          (a)       monitoring the driving environment; and
          (b)       executing an appropriate response to perform the dynamic driving task.
          (13)      "Operate" means the activities performed in order to perform the entire dynamic driving task for
  a motor vehicle, including testing of an automated driving system, by:
          (a)       a human driver; or
          (b)       an engaged automated driving system.
          (14)      "Operational design domain" means the operating conditions under which an automated driving
  system or a feature of an automated driving system is specifically designed to function, including:
          (a)       speed range, environmental, geographical, and time-of-day restrictions; or
          (b)       the requisite presence or absence of certain traffic or roadway characteristics.
          (15)      "Operator" means:
          (a)       a human driver who operates a vehicle; or
          (b)       an automated driving system that operates a vehicle.
          (16)      "Platooning" means operating partially or fully autonomous motor vehicles that are trailers,
  trucks, or truck tractors, as defined in 61-1-101, to travel on a highway at electronically coordinated speeds in a
  unified manner at a following distance that is closer than would be reasonable and prudent without the use of
  the technology.
          (17)      "Public highways of this state" has the meaning provided in 60-1-201.
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68th Legislature 2023                                                                                             HB 339.1
          (18)     "Request to intervene" means the notification by an automated driving system to a fallback-
  ready user indicating that the fallback-ready user should promptly begin or resume operation of the vehicle.
          (19)     "System failure" means a malfunction in a vehicle system that prevents the automated driving
  system from reliably performing the portion of the dynamic driving task on a sustained basis, including the
  complete dynamic driving task, that the automated driving system would otherwise perform.
          (20)     "User" means:
          (a)      a human driver;
          (b)      a passenger; or
          (c)      a fallback-ready user.
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          NEW SECTION. Section 2.           Autonomous vehicles and liability. (1) Except for providing rebuttable
  presumptions of liability in [sections 3 through 5], nothing in [sections 1 through 7] may be construed to alter
  generally applicable laws regarding liability, including but not limited to the provisions of Title 27.
          (2)      Nothing in [sections 1 through 7] may be construed to limit the ability of a person or entity in the
  chain of manufacture or sale to seek indemnification or allocation of liability through contract.
          (3)      The rebuttable presumptions established in [sections 3 through 5] may be overcome on a
  showing of:
          (a)      failure to properly maintain an automated driving system; or
          (b)      other admissible evidence.
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          NEW SECTION. Section 3.           Presumption of liability -- level 1 and level 2 systems. There is a
  rebuttable presumption that the human driver of a vehicle equipped with a level 1 or level 2 automated driving
  system is liable for damages to persons or property caused by the operation of the vehicle and for penalties
  associated with traffic regulations violated by the operation of the vehicle.
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          NEW SECTION. Section 4.           Presumptions of liability -- level 3 system. (1) There is a rebuttable
  presumption that the developer or manufacturer of a vehicle using a level 3 automated driving system is liable
  for damages to persons or property caused by the operation of the vehicle and for penalties associated with
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68th Legislature 2023                                                                                           HB 339.1
  traffic regulations violated by the operation of the vehicle:
          (a)       prior to a request to intervene or a system failure; or
          (b)       resulting immediately from a system failure.
          (2)       There is a rebuttable presumption that the human driver or fallback-ready user of a vehicle
  using a level 3 automated driving system is liable for physical harm caused by the vehicle after:
          (a)       a request to intervene; or
          (b)       failing to respond timely to a system failure.
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          NEW SECTION. Section 5.          Presumption of liability -- level 4 and level 5 systems. There is a
  rebuttable presumption that the developer or manufacturer of a vehicle using a level 4 or level 5 automated
  driving system is liable for damages to persons or property caused by the operation of the vehicle and for
  penalties associated with traffic regulations violated by the operation of the vehicle.
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          NEW SECTION. Section 6.          Level 4 and level 5 automated driving systems prohibited except as
  regulated -- rulemaking authority. (1) Level 4 and level 5 automated driving systems may not be used on
  public highways of this state except as provided by department of transportation rulemaking.
          (2)       The department of transportation shall adopt rules regarding the use of level 4 and level 5
  automated driving systems on public highways of this state. During the rulemaking process, the department
  shall consider:
          (a)       prohibiting the use of level 4 and level 5 automated driving systems on public highways of this
  state during unsafe atmospheric or road conditions;
          (b)       imposing conditions on the use of level 4 and level 5 automated driving systems on public
  highways of this state with high pedestrian use;
          (c)       requiring developers or manufacturers of level 4 and level 5 automated driving systems to
  certify that atmospheric, demographic, geographic, pedestrian, road, vehicle, and zoological conditions
  common in the state have been considered in the development of the system as a condition of use of the public
  highways of this state;
          (d)       conditions to impose on testing level 4 and level 5 automated driving systems on the public
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68th Legislature 2023                                                                                              HB 339.1
  highways of this state; and
           (e)      conditions to impose generally on the use of level 4 and level 5 automated driving systems on
  the public highways of this state.
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           NEW SECTION. Section 7.        Vehicle platooning prohibited except as regulated -- rulemaking
  authority. (1) Vehicle platooning on public highways of this state is prohibited except under the circumstances
  allowed by department of transportation rulemaking.
           (2)      The department of transportation shall adopt rules regarding vehicle platooning on public
  highways of this state. During the rulemaking process, the department shall consider:
           (a)      prohibiting platooning on public highways of this state during unsafe atmospheric or road
  conditions;
           (b)      conditions to impose on platooning on public highways of this state with high pedestrian use;
           (c)      requiring developers or manufacturers of platooning vehicles to certify that atmospheric,
  demographic, geographic, pedestrian, road, vehicle, and zoological conditions common in the state have been
  considered in the development of the platooning vehicles as a condition of use of the public highways of this
  state;
           (d)      conditions to impose on testing platooning vehicles on the public highways of this state; and
           (e)      conditions to impose generally on platooning vehicles on public highways of this state,
  including limiting the number of vehicles that may platoon together.
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           Section 8. Section 61-8-1001, MCA, is amended to read:
           "61-8-1001. Definitions. As used in this part, unless the context requires otherwise and unless a
  different meaning plainly is required, the following definitions apply:
           (1)      "Aggravated driving under the influence" means a person is in violation of 61-8-1002(1)(a),
  (1)(b), (1)(c), or (1)(d) and:
           (a)      the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other
  bodily substance, is 0.16 or more;
           (b)      the person is under the order of a court or the department to equip any motor vehicle the
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68th Legislature 2023                                                                                                 HB 339.1
  person operates with an approved ignition interlock device;
             (c)      the person's driver's license or privilege to drive is suspended, cancelled, or revoked as a result
  of a prior violation of driving under the influence, including a violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d),
  an offense that meets the definition of aggravated driving under the influence, or a similar offense under
  previous laws of this state or the laws of another state; or
             (d)      the person refuses to give a breath sample as required in 61-8-1016 and the person's driver's
  license or privilege to drive was suspended, cancelled, or revoked under the provisions of an implied consent
  statute.
             (2)      "Alcoholic beverage" means a compound produced for human consumption as a drink that
  contains 0.5% or more of alcohol by volume.
             (3)      "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of
  alcohol per 210 liters of breath, including as used in 16-6-305, 23-2-535, 45-5-207, 67-1-211, and this title.
             (4)      "Bus" means a motor vehicle with a manufacturer's rated seating capacity of 11 or more
  passengers, including the driver.
             (5)      "Camper" has the meaning provided in 61-1-101.
             (6)      "Commercial motor vehicle" has the meaning provided in 61-1-101.
             (7)      (a) "Conducting" means:
             (i)      engaging or disengaging a platooning vehicle or an automated driving system, other than a
  level 5 automated driving system; or
             (ii)     performing or failing to perform any function that moves or stops a platooning vehicle or a
  vehicle with an automated driving system, other than a level 5 automated driving system;
             (b)      As used in this subsection (7), "automated driving system", "level 5 automated driving system",
  and "platooning" have the meanings provided in [section 1].
             (7)(8)   "Drug" means any substance that when taken into the human body can impair a person's ability
  to operate a vehicle safely. The term includes the meanings provided in 50-32-101(6), (7), and (14).
             (8)(9)   "DUI court" means any court that has established a special docket for handling cases involving
  persons convicted under 61-8-1007 or 61-8-1008 and that implements a program of incentives and sanctions
  intended to assist a participant to complete treatment ordered pursuant to 61-8-1009 and to end the
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68th Legislature 2023                                                                                            HB 339.1
  participant's criminal behavior associated with the use of alcohol or drugs.
          (9)(10) "Highway" has the mean