LB521 LB521
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 521
Introduced by McDonnell, 5.
Read first time January 22, 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, and 60-3308, Revised Statutes Cumulative
3 Supplement, 2018; to change and eliminate provisions relating to
4 automated vehicles; to repeal the original sections; and to outright
5 repeal section 60-3306, Revised Statutes Cumulative Supplement,
6 2018.
7 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, the following
4 definitions apply:
5 (1) Automated driving system means the hardware and software that
6 are collectively capable of performing the entire dynamic driving task on
7 a sustained basis regardless of whether it is limited to a specific
8 operational design domain, if any;
9 (2) Automated-driving-system-equipped vehicle means a motor vehicle
10 equipped with an automated driving system;
11 (3) Conventional human driver means a human person who manually
12 exercises in-vehicle braking, accelerating, steering, and transmission
13 gear selection input devices in order to operate a motor vehicle;
14 (4) Department means the Department of Motor Vehicles;
15 (5) Driverless-capable vehicle means a motor vehicle equipped with
16 an automated driving system capable of performing all aspects of the
17 dynamic driving task within its operational design domain, if any,
18 including achieving a minimal risk condition, without any intervention or
19 supervision by a conventional human driver, so long as a conventional
20 human driver is physically present in the vehicle and able to take
21 control of the vehicle;
22 (6) Dynamic driving task means all of the real-time operational and
23 tactical functions required to operate a motor vehicle within its
24 specific operational design domain, if any, excluding the strategic
25 functions such as trip scheduling and selection of destinations and
26 waypoints;
27 (7) Minimal risk condition means a reasonably safe state to which an
28 automated driving system brings an automated-driving-system-equipped
29 vehicle upon experiencing a performance-related failure of the vehicle's
30 automated driving system that renders the vehicle unable to perform the
31 entire dynamic driving task, such as bringing the vehicle to a complete
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1 stop and activating the hazard lamps;
2 (8) On-demand driverless-capable vehicle network means a
3 transportation service network that uses a software application or other
4 digital means to dispatch driverless-capable vehicles for purposes of
5 transporting persons or goods, including for-hire transportation,
6 transportation for compensation, and public transportation, and is in
7 compliance with all applicable state and federal labor laws; and
8 (9) Operational design domain means a description of the specific
9 operating domain in which an automated driving system is designed to
10 properly operate, including, but not limited to, roadway types, speed
11 range, environmental conditions such as weather and time of day, and
12 other domain constraints; and .
13 (10) School crossing zone has the same meaning as in section
14 60-658.01.
15 Sec. 2. Section 60-3302, Revised Statutes Cumulative Supplement,
16 2018, is amended to read:
17 60-3302 A driverless-capable vehicle may operate on the public roads
18 of this state with without a conventional human driver physically present
19 in the vehicle, as long as the vehicle meets the following conditions:
20 (1) The vehicle is capable of achieving a minimal risk condition if
21 a malfunction of the automated driving system occurs that renders the
22 system unable to perform the entire dynamic driving task within its
23 intended operational design domain, if any; and
24 (2) While in driverless operation, the vehicle is capable of
25 operating in compliance with the applicable traffic and motor vehicle
26 safety laws and regulations of this state that govern the performance of
27 the dynamic driving task, including, but not limited to, safely
28 negotiating railroad crossings and school crossing zones, unless an
29 exemption has been granted by the department. The department shall
30 consult with the railroad companies operating in this state and local law
31 enforcement agencies when considering an exemption that affects vehicle
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1 operations at railroad crossings and school crossing zones.
2 Sec. 3. Section 60-3303, Revised Statutes Cumulative Supplement,
3 2018, is amended to read:
4 60-3303 (1) Notwithstanding any other provision of law, the
5 operation on the public roads of this state of an automated-driving-
6 system-equipped vehicle capable of performing the entire dynamic driving
7 task within its operational design domain while a conventional human
8 driver is physically present in the vehicle is lawful. Such operation
9 shall be subject to the Nebraska Rules of the Road, as applicable. In
10 addition, the conventional human driver shall be licensed as required
11 under the Motor Vehicle Operator's License Act, shall remain subject to
12 the Nebraska Rules of the Road, shall operate the automated-driving-
13 system-equipped vehicle according to the manufacturer's requirements and
14 specifications, and shall regain manual control of the vehicle upon the
15 request of the automated driving system.
16 (2) The automated driving system feature, while engaged, shall be
17 designed to operate within its operational design domain in compliance
18 with the Nebraska Rules of the Road, including, but not limited to,
19 safely negotiating railroad crossings and school crossing zones, unless
20 an exemption has been granted by the department. The department shall
21 consult with the railroad companies operating in this state when
22 considering an exemption that affects vehicle operations at railroad
23 crossings.
24 Sec. 4. Section 60-3304, Revised Statutes Cumulative Supplement,
25 2018, is amended to read:
26 60-3304 Before an automated-driving-system-equipped vehicle or a
27 driverless-capable vehicle may operate on the public roads of this state,
28 a person shall submit proof of financial responsibility satisfactory to
29 the department that the automated-driving-system-equipped vehicle or a
30 driverless-capable vehicle is covered by insurance or proof of self-
31 insurance that satisfies the requirements of the Motor Vehicle Safety
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1 Responsibility Act.
2 Sec. 5. Section 60-3308, Revised Statutes Cumulative Supplement,
3 2018, is amended to read:
4 60-3308 (1) Automated-driving-system-equipped vehicles, driverless-
5 capable vehicles, and automated driving systems, and on-demand
6 driverless-vehicle networks are governed exclusively by sections 60-3301
7 to 60-3311. The department shall is the sole and exclusive state agency
8 that may implement sections 60-3301 to 60-3311.
9 (2) The state or any political subdivision shall not impose
10 requirements, including performance standards, specific to the operation
11 of automated-driving-system-equipped vehicles, automated driving systems,
12 or on-demand driverless-capable vehicle networks in addition to the
13 requirements of sections 60-3301 to 60-3311.
14 (3) The state or any political subdivision thereof shall not impose
15 a tax or other requirements on an automated-driving-system-equipped
16 vehicle, an automated driving system, or an on-demand driverless-capable
17 vehicle network, where such tax or other requirements relate specifically
18 to the operation of automated-driving-system-equipped vehicles.
19 Sec. 6. Original sections 60-3301, 60-3302, 60-3303, 60-3304, and
20 60-3308, Revised Statutes Cumulative Supplement, 2018, are repealed.
21 Sec. 7. The following section is outright repealed: Section
22 60-3306, Revised Statutes Cumulative Supplement, 2018.
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Statutes affected:
Introduced: 60-3301, 60-3302, 60-3303, 60-3304, 60-3308