2022 22LSO-0099
STATE OF WYOMING
SENATE FILE NO. SF0016
Vehicles equipped with automated driving systems.
Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
A BILL
for
1 AN ACT relating to motor vehicles; providing for the
2 regulation of vehicles equipped with an automated driving
3 system; defining terms; authorizing fees; creating an
4 account; creating penalties; requiring rulemaking;
5 requiring reports; and providing for effective dates.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 31-21-101 through 31-21-109 are
10 created to read:
11
12 CHAPTER 21
13 AUTONOMOUS MOTOR VEHICLES
14
15 ARTICLE 1
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1 VEHICLES EQUIPPED WITH AN AUTOMATED DRIVING SYSTEM
2
3 31-21-101. Definitions.
4
5 (a) As used in this article:
6
7 (i) "Automated driving system" or "ADS" means
8 the hardware and software that are collectively capable of
9 performing the entire dynamic driving task on a sustained
10 basis, regardless of whether the system is limited to a
11 specific operational design domain. An ADS is used
12 specifically to describe a level 3, 4 or 5 driving
13 automation system as the standards of driving automation
14 are defined in the SAE J3016 standard. An ADS equipped
15 vehicle shall not include a motor vehicle that is equipped
16 with systems that enhance safety or provide the human
17 driver assistance, such as collision avoidance systems,
18 which are not capable, collectively or singularly, of
19 driving the motor vehicle without the active control or
20 monitoring of a human driver;
21
22 (ii) "Commercial vehicle" means as defined in
23 W.S. 31-18-101(a)(iii), unless specified otherwise;
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1
2 (iii) "Department" means the department of
3 transportation;
4
5 (iv) "Dispatching entity" means a human who
6 dispatches an ADS equipped vehicle in driverless operation;
7
8 (v) "Dynamic driving task" means all of the
9 real-time operational and tactical functions required to
10 operate a motor vehicle in on-road traffic, including any
11 specific functions identified in department rules, and
12 excluding strategic functions such as trip scheduling and
13 selection of destinations and waypoints;
14
15 (vi) "Human driver" means a natural person in
16 the vehicle with a valid class of license for the type of
17 motor vehicle being operated who controls all or part of
18 the dynamic driving task;
19
20 (vii) "Operate" or "operation" means the
21 activities collectively performed by a human driver with or
22 without support from one (1) or more SAE J3016 driving
23 automation level 1 or 2 system features or by a dispatching
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1 entity and an ADS to perform the entire dynamic driving
2 task for a motor vehicle;
3
4 (viii) "SAE J3016" means the Taxonomy and
5 Definitions for Terms Related to Driving Automation Systems
6 for On-Road Motor Vehicles published by Society of
7 Automotive Engineers International in June 2018.
8
9 31-21-102. Operation of a vehicle equipped with an
10 automated driving system; safety at railroad crossings.
11
12 (a) A vehicle equipped with an ADS may be operated on
13 the highways of this state provided:
14
15 (i) The ADS equipped vehicle is registered
16 pursuant to this title;
17
18 (ii) The dispatching entity, or human driver if
19 applicable, causes the ADS equipped vehicle to comply with
20 all applicable traffic, motor vehicle and equipment laws
21 and rules of this state, unless an exemption has been
22 granted under department rules;
23
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1 (iii) While in driverless operation, the ADS
2 equipped vehicle is capable of operating in compliance with
3 the applicable traffic and motor vehicle safety laws and
4 rules of this state;
5
6 (iv) The ADS equipped vehicle is in compliance
7 with all applicable safety standards, equipment
8 requirements and performance requirements of state and
9 federal law, unless a waiver has been granted by the
10 relevant regulating agency;
11
12 (v) The ADS equipped vehicle is in compliance
13 with all applicable federal motor vehicle safety standards
14 for the vehicle's model year or has a United States
15 department of transportation or other relevant federal
16 agency approved exemption from specific compliance.
17
18 (b) The department may impose by rule any additional
19 requirements necessary to ensure the safe operation of ADS
20 equipped vehicles. Additional requirements may include
21 rules for safely crossing railroad grade crossings. When
22 promulgating rules that affect ADS equipped vehicle
23 operations at railroad crossings, no exemption from
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1 department rules shall be granted for a vehicle model
2 without having performed not less than one (1) onsite
3 diagnostic at a railroad crossing involving the department
4 and all railroad companies that operate at the crossing.
5 Nothing in this subsection shall supersede the requirements
6 in W.S. 31-5-511.
7
8 (c) The department may by rule require notice from
9 any entity demonstrating or testing new technology or
10 operating conditions of a vehicle equipped with an ADS in
11 the state. The information required as part of the
12 notification process may be established by rule of the
13 department.
14
15 31-21-103. Valid license; requirements of dispatching
16 entities and human drivers.
17
18 (a) A dispatching entity operating a vehicle equipped
19 with an ADS shall have a valid class of license for the
20 type of motor vehicle being operated.
21
22 (b) Nothing in this article prohibits or restricts a
23 human driver from operating a vehicle equipped with an ADS
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1 that allows the human driver to control all or part of the
2 dynamic driving task provided that the human driver holds
3 the appropriate class of license for the type of motor
4 vehicle being operated.
5
6 31-21-104. Signage for commercial vehicles,
7 registration and title of vehicles equipped with an
8 automated driving system; insurance; reporting.
9
10 (a) A commercial vehicle equipped with an ADS shall
11 be clearly marked on the front, back and each side with
12 appropriate signage notifying the public and law
13 enforcement that it is operating autonomously. The markings
14 shall include conspicuous contact information written in a
15 size and font readable from not less than fifteen (15) feet
16 away, to reach the dispatching entity.
17
18 (b) A vehicle equipped with an ADS shall be properly
19 registered in accordance with W.S. 31-2-201, 31-18-201 if
20 applicable, and department rules.
21
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1 (c) A vehicle equipped with an ADS shall be properly
2 titled in accordance with W.S. 31-2-101 and department
3 rules.
4
5 (d) At the time of registration and annual renewal of
6 registration of a vehicle equipped with an ADS the
7 following shall be submitted to the county treasurer in the
8 county where the vehicle is registered:
9
10 (i) Any update to the contact information of the
11 dispatching entity;
12
13 (ii) Verification the motor vehicle is covered
14 in an aggregate amount of not less than five million
15 dollars ($5,000,000.00) by a motor vehicle liability policy
16 in full force and effect, or a bond on file with the
17 department or self-insurance pursuant to W.S. 31-9-414 in
18 the same amount, either of which satisfies the requirements
19 of W.S. 31-2-225(e);
20
21 (iii) Verification of the uninsured motorist
22 coverage as required by W.S. 31-10-101;
23
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1 (iv) For a commercial vehicle equipped with an
2 ADS, an annual year-end report for the previous year,
3 submitted to the department, of the number of miles
4 operated, safety issues encountered, any collisions, the
5 amount of damages caused to any person or property, any
6 injury to any human requiring medical attention and any
7 striking of a big game animal.
8
9 31-21-105. Requirements for commercial vehicles
10 equipped with an automated driving system; prohibition of
11 double, triple trailers and oversize or overweight loads.
12
13 (a) In addition to all other requirements and fees
14 under this article applicable to vehicles equipped with an
15 ADS, a commercial vehicle equipped with an ADS shall:
16
17 (i) Obtain a commercial permit specific to
18 commercial vehicles equipped with an ADS and any mandated
19 inspections or certificates specific to commercial vehicles
20 equipped with an ADS according to rules and fees set by the
21 department to recover a proportionate share of the
22 department's infrastructure and administrative expenses
23 incurred attributable specifically to regulation of
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1 commercial vehicles equipped with an ADS. Once established,
2 the department may annually adjust the fees authorized
3 under this paragraph not to exceed the percentage increase
4 in the Wyoming cost-of-living index, as determined by the
5 division of economic analysis of the department of
6 administration and information, unless authorized by the
7 legislature;
8
9 (ii) Obtain an annual public safety
10 communications system authorization and connection (WyoLink
11 or other department approved method of communication),
12 together with the payment of an annual fee of ten thousand
13 dollars ($10,000.00), that will allow any Wyoming peace
14 officer, public safety dispatch or the department to
15 communicate directly with the dispatching entity, or human
16 driver if applicable, and give that dispatching entity, or
17 human driver if applicable, real-time commands. The
18 connection information may be coded so that only law
19 enforcement, public safety dispatch or the department may
20 contact the dispatching entity.
21
22 (b) A dispatching entity shall comply with all
23 licensing, training for hazardous materials, hours of
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1 service, drug testing, communication and other requirements
2 that a Wyoming based commercial vehicle driver is required
3 to comply with for operation in this state.
4
5 (c) No commercial vehicle equipped with an ADS in any
6 combination of two (2) or more single vehicles or trailers
7 and no oversize or overweight vehicles equipped with an ADS
8 shall operate on the highways of this state.
9
10 (d) As used in this section, "commercial vehicle"
11 means as defined in W.S. 31-18-201(a)(vii).
12
13 31-21-106. Duties after crashes involving vehicles
14 equipped with an automated driving system; vehicle
15 operating data.
16
17 (a) In the event of a crash involving a motor vehicle
18 equipped with an ADS:
19
20 (i) The vehicle equipped with an ADS shall
21 remain on the scene of the crash when required by W.S.
22 31-5-1101 and 31-5-1102;
23
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1 (ii) The dispatching entity, human driver if
2 applicable, or the ADS if the vehicle has the capability,
3 shall promptly alert law enforcement or emergency services
4 to the crash;
5
6 (iii) The dispatching entity or human driver if
7 applicable shall provide all requested operating data from
8 before and during the accident to Wyoming law enforcement
9 and any victim or victim's representative. If the
10 dispatching entity or human driver if applicable wishes to
11 protect proprietary data, the dispatching entity or human
12 driver may request that a judge in the district where the
13 collision occurred perform an in camera inspection and rule
14 on the redaction of proprietary data.
15
16 31-21-107. Rulemaking; fees; autonomous vehicle
17 account.
18
19 (a) Consistent with this article and other applicable
20 state and federal laws, the department shall promulgate
21 rules and shall develop and provide any forms necessary to
22 implement this article.
23
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1 (b) For registration of a vehicle equipped with an
2 ADS, in addition to the fees under W.S. 31-3-101, the
3 department may assess an additional fee in an amount
4 necessary to recover a proportionate share of the
5 department's infrastructure and administrative expenses
6 reasonably incurred attributable to regulation of motor
7 vehicles equipped with an ADS. Once established, the
8 department may annually adjust the fee authorized under
9 this subsection not to exceed the percentage increase in
10 the Wyoming cost-of-living index, as determined by the
11 division of economic analysis of the department of
12 administration and information, unless authorized by the
13 legislature.
14
15 (c) All funds the department receives from the fees
16 authorized in subsection (b) of this section and W.S.
17 31-21-105(a) shall be deposited into the state highway
18 fund.
19
20 31-21-108. Penalties.
21
22 Any person who violates any provision of this article or
23 rule of the department pursuant to this article is guilty
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1 of a misdemeanor and subject to a fine of not more than
2 seven hundred fifty dollars ($750.00) per day for the first
3 occurrence and not more than one thousand dollars
4 ($1,000.00) per day for a subsequent offense.
5
6 31-21-109. Annual report.
7
8 (a) Not later than October 1 of each year, the
9 department shall submit a report to the joint
10 transportation, highways and military affairs interim
11 committee. The annual report shall contain the following
12 information for all registered vehicles equipped with an
13 ADS to the extent that it is available and shall separately
14 report the information for commercial vehicles equipped
15 with an ADS:
16
17 (i) A summary of operations in Wyoming;
18
19 (ii) The total number of ADS equipped vehicles
20 registered in Wyoming and ADS equipped commercial vehicles
21 permitted in Wyoming;
22