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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 142
Introduced by Geist, 25.
Read first time January 11, 2019
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to motor vehicles; to amend sections 60-3301,
2 60-3302, 60-3303, 60-3304, 60-3305, 60-3306, 60-3307, 60-3308,
3 60-3309, 60-3310, and 60-3311, Revised Statutes Cumulative
4 Supplement, 2018; to define and redefine terms; to change provisions
5 relating to driving-automation-system-equipped vehicles; to provide
6 powers and duties for the Department of Motor Vehicles; to harmonize
7 provisions; and to repeal the original sections.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 60-3301, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 60-3301 For purposes of sections 60-3301 to 60-3311 and sections 12
4 and 13 of this act, the following definitions apply:
5 (1) Automated driving system has the same meaning as in SAE J3016,
6 Taxonomy and Definitions for Terms Related to Driving Automation Systems
7 for On-Road Motor Vehicles, June 2018 revision means the hardware and
8 software that are collectively capable of performing the entire dynamic
9 driving task on a sustained basis regardless of whether it is limited to
10 a specific operational design domain, if any;
11 (2) Automated-driving-system-dedicated vehicle has the same meaning
12 as in SAE J3016, Taxonomy and Definitions for Terms Related to Driving
13 Automation Systems for On-Road Motor Vehicles, June 2018 revision;
14 (3) (2) Automated-driving-system-equipped dual-mode vehicle has the
15 same meaning as in SAE J3016, Taxonomy and Definitions for Terms Related
16 to Driving Automation Systems for On-Road Motor Vehicles, June 2018
17 revision means a motor vehicle equipped with an automated driving system;
18 (4) (3) Conventional human driver means a human person who manually
19 exercises in-vehicle braking, accelerating, steering, and transmission
20 gear selection input devices in order to operate a motor vehicle;
21 (5) (4) Department means the Department of Motor Vehicles;
22 (6) Driverless operation has the same meaning as in SAE J3016,
23 Taxonomy and Definitions for Terms Related to Driving Automation Systems
24 for On-Road Motor Vehicles, June 2018 revision;
25 (7) Driving automation system, or driving automation technology, has
26 the same meaning as in SAE J3016, Taxonomy and Definitions for Terms
27 Related to Driving Automation Systems for On-Road Motor Vehicles, June
28 2018 revision;
29 (5) Driverless-capable vehicle means a motor vehicle equipped with
30 an automated driving system capable of performing all aspects of the
31 dynamic driving task within its operational design domain, if any,
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1 including achieving a minimal risk condition, without any intervention or
2 supervision by a conventional human driver;
3 (8) (6) Dynamic driving task has the same meaning as in SAE J3016,
4 Taxonomy and Definitions for Terms Related to Driving Automation Systems
5 for On-Road Motor Vehicles, June 2018 revision means all of the real-time
6 operational and tactical functions required to operate a motor vehicle
7 within its specific operational design domain, if any, excluding the
8 strategic functions such as trip scheduling and selection of destinations
9 and waypoints;
10 (9) (7) Minimal risk condition has the same meaning as in SAE J3016,
11 Taxonomy and Definitions for Terms Related to Driving Automation Systems
12 for On-Road Motor Vehicles, June 2018 revision means a reasonably safe
13 state to which an automated driving system brings an automated-driving-
14 system-equipped vehicle upon experiencing a performance-related failure
15 of the vehicle's automated driving system that renders the vehicle unable
16 to perform the entire dynamic driving task, such as bringing the vehicle
17 to a complete stop and activating the hazard lamps;
18 (10) (8) On-demand driving automation system driverless-capable
19 vehicle network means a transportation service network that uses a
20 software application or other digital means to dispatch automated-
21 driving-system-equipped dual-mode or automated-driving-system-dedicated
22 driverless-capable vehicles for purposes of transporting persons or
23 goods, including for-hire transportation, transportation for
24 compensation, and public transportation; and
25 (11) (9) Operational design domain has the same meaning as in SAE
26 J3016, Taxonomy and Definitions for Terms Related to Driving Automation
27 Systems for On-Road Motor Vehicles, June 2018 revision means a
28 description of the specific operating domain in which an automated
29 driving system is designed to properly operate, including, but not
30 limited to, roadway types, speed range, environmental conditions such as
31 weather and time of day, and other domain constraints.
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1 Sec. 2. Section 60-3302, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 60-3302 Automated-driving-system-equipped dual-mode or automated-
4 driving-system-dedicated vehicles A driverless-capable vehicle may
5 operate on the public roads of this state without a conventional human
6 driver physically present in the vehicle, as long as the vehicle meets
7 the following conditions:
8 (1) The vehicle is capable of achieving a minimal risk condition if
9 a malfunction of the automated driving system occurs that renders the
10 system unable to perform the entire dynamic driving task within its
11 intended operational design domain, if any; and
12 (2) While in driverless operation, the vehicle is capable of
13 operating in compliance with the applicable traffic and motor vehicle
14 safety laws and regulations of this state that govern the performance of
15 the dynamic driving task, including, but not limited to, safely
16 negotiating railroad crossings, unless an exemption has been granted by
17 the department. The department shall consult with the railroad companies
18 operating in this state when considering an exemption that affects
19 vehicle operations at railroad crossings.
20 Sec. 3. Section 60-3303, Revised Statutes Cumulative Supplement,
21 2018, is amended to read:
22 60-3303 (1) A driving-automation-system-equipped vehicle not in
23 driverless operation may operate on the public roads of this state if
24 Notwithstanding any other provision of law, the operation on the public
25 roads of this state of an automated-driving-system-equipped vehicle
26 capable of performing the entire dynamic driving task within its
27 operational design domain while a conventional human driver is present is
28 lawful. Such operation shall be subject to the Nebraska Rules of the
29 Road, as applicable. In addition, the conventional human driver shall be
30 licensed as required under the Motor Vehicle Operator's License Act,
31 shall remain subject to the Nebraska Rules of the Road, shall operate the
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1 automated-driving-system-equipped vehicle according to the manufacturer's
2 requirements and specifications, and shall regain manual control of the
3 vehicle upon the request of the automated driving automation system.
4 (2) The automated driving automation system feature, while engaged,
5 shall be designed to operate within its operational design domain in
6 compliance with the Nebraska Rules of the Road, including, but not
7 limited to, safely negotiating railroad crossings, unless an exemption
8 has been granted by the department. The department shall consult with the
9 railroad companies operating in this state when considering an exemption
10 that affects vehicle operations at railroad crossings.
11 Sec. 4. Section 60-3304, Revised Statutes Cumulative Supplement,
12 2018, is amended to read:
13 60-3304 Before an automated-driving-system-dedicated or automated-
14 driving-system-equipped dual-mode an automated-driving-system-equipped
15 vehicle may operate on the public roads of this state, (1) the
16 manufacturer shall provide evidence to the department of ability to
17 respond to damages for liability in the amount of at least five million
18 dollars, to include minimum coverage of one million dollars per vehicle
19 per occurrence, and (2) a person shall submit proof of financial
20 responsibility satisfactory to the department that the automated-driving-
21 system-equipped vehicle is covered by insurance or proof of self-
22 insurance that satisfies the requirements of the Motor Vehicle Safety
23 Responsibility Act. The operator or owner of a driving-automation-system-
24 equipped vehicle shall comply with the requirements of the Motor Vehicle
25 Safety Responsibility Act.
26 Sec. 5. Section 60-3305, Revised Statutes Cumulative Supplement,
27 2018, is amended to read:
28 60-3305 (1) Notwithstanding any other provision of law, a person may
29 operate an on-demand driving automation system driverless-capable vehicle
30 network. Such a network may provide transportation of persons or goods,
31 including:
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1 (a) For-hire transportation, including transportation for multiple
2 passengers who agree to share the ride in whole or in part; and
3 (b) Public transportation.
4 (2) An on-demand driving automation system driverless-capable
5 vehicle network may connect passengers to automated-driving-system-
6 equipped dual-mode or automated-driving-system-dedicated driverless-
7 capable vehicles either (a) exclusively or (b) as part of a digital
8 network that also connects passengers to human drivers who provide
9 transportation services, consistent with applicable law, in vehicles that
10 are not automated-driving-system-equipped dual-mode or automated-driving-
11 system-dedicated driverless-capable vehicles.
12 Sec. 6. Section 60-3306, Revised Statutes Cumulative Supplement,
13 2018, is amended to read:
14 60-3306 The Subject to section 60-3302, the Nebraska Rules of the
15 Road shall not be construed as requiring a conventional human driver to
16 operate an automated-driving-system-equipped dual-mode or automated-
17 driving-system-dedicated a driverless-capable vehicle that is being
18 operated by a an automated driving automation system if such vehicle
19 complies with all requirements of section 60-3302. The , and the
20 automated driving automation system of such vehicle, when engaged, shall
21 be deemed to fulfill any physical acts required of a conventional human
22 driver to perform the dynamic driving task.
23 Sec. 7. Section 60-3307, Revised Statutes Cumulative Supplement,
24 2018, is amended to read:
25 60-3307 In the event of a crash or collision:
26 (1) The driving-automation-system-equipped automated-driving-system-
27 equipped vehicle shall remain on the scene of the crash or collision and
28 otherwise comply with sections 60-696 to 60-699 60-698; and
29 (2) The owner of the driving-automation-system-equipped automated-
30 driving-system-equipped vehicle, if capable, or a person on behalf of the
31 driving-automation-system-equipped automated-driving-system-equipped
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1 vehicle owner, shall report any crash or collision as required by section
2 60-697 60-698.
3 Sec. 8. Section 60-3308, Revised Statutes Cumulative Supplement,
4 2018, is amended to read:
5 60-3308 (1) Driving-automation-system-equipped Automated-driving-
6 system-equipped vehicles and automated driving automation systems are
7 governed exclusively by sections 60-3301 to 60-3311 and sections 12 and
8 13 of this act. The department is the sole and exclusive state agency
9 that may implement sections 60-3301 to 60-3311 and sections 12 and 13 of
10 this act.
11 (2) The state or any political subdivision shall not impose
12 requirements, including performance standards, specific to the operation
13 of driving-automation-system-equipped automated-driving-system-equipped
14 vehicles, automated driving automation systems, or on-demand driving
15 automation system driverless-capable vehicle networks in addition to the
16 requirements of sections 60-3301 to 60-3311 and sections 12 and 13 of
17 this act.
18 (3) The state or any political subdivision thereof shall not impose
19 a tax or other requirements on a driving-automation-system-equipped an
20 automated-driving-system-equipped vehicle, a an automated driving
21 automation system, or an on-demand driving automation system driverless-
22 capable vehicle network, where such tax or other requirements relate
23 specifically to the operation of driving-automation-system-equipped
24 automated-driving-system-equipped vehicles.
25 Sec. 9. Section 60-3309, Revised Statutes Cumulative Supplement,
26 2018, is amended to read:
27 60-3309 Nothing in sections 60-3301 to 60-3311 and sections 12 and
28 13 of this act shall be construed to require the State of Nebraska or any
29 political subdivision thereof to plan, design, construct, maintain, or
30 modify any highway, as defined in section 60-624, for the accommodation
31 of a driving-automation-system-equipped an automated-driving-system-
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1 equipped vehicle or a driverless-capable vehicle.
2 Sec. 10. Section 60-3310, Revised Statutes Cumulative Supplement,
3 2018, is amended to read:
4 60-3310 Nothing in sections 60-3301 to 60-3311 and sections 12 and
5 13 of this act shall be construed to provide greater liability than is
6 already allowed under the Political Subdivisions Tort Claims Act or the
7 State Tort Claims Act.
8 Sec. 11. Section 60-3311, Revised Statutes Cumulative Supplement,
9 2018, is amended to read:
10 60-3311 The department is authorized to title and register, pursuant
11 to the Motor Vehicle Certificate of Title Act and the Motor Vehicle
12 Registration Act, driving-automation-system-equipped automated-driving-
13 system-equipped vehicles and driverless-capable vehicles that do not meet
14 applicable federal motor vehicle safety standards but which have been
15 granted an exemption by the National Highway Traffic Safety
16 Administration.
17 Sec. 12. Whenever a conventional human driver is in a motor vehicle
18 during its use, the conventional human driver will be deemed to be in
19 control of the vehicle's operations, unless the automated driving system
20 of the automated-driving-system-dedicated vehicle or automated-driving-
21 system-equipped dual-mode vehicle is engaged.
22 When the automated driving system of the automated-driving-system-
23 dedicated vehicle or automated-driving-system-equipped dual-mode vehicle
24 is engaged at the time of a crash or collision, the manufacturer of the
25 system will be deemed to have been operating the vehicle unless the
26 system has been modified by a third party.