Automated Vehicle Law & Issues

Full Version: SB 213 (2017)
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SENATE BILL 17-213

BY SENATOR(S) Hill and Moreno, Baumgardner, Cooke. Crowder,
Gardner, Holbert, Lambert, Lundberg, Marble, Smallwood, Tate, Todd,
Williams A., Zenzinger, Grantham;

also REPRESENTATIVE(S) Winter and Bridges, Lundeen, Arndt,
Becker K., Buckner, Covarrubias, Garnett, Ginal, Gray, Hansen, Kennedy,
Kraft-Tharp, Lawrence, Liston, Melton, Nordberg, Saine, Singer, Valdez,
Wist, Young, Coleman, Hooton, Jackson, Michaelson Jenet, Pabon, Sias,
Duran.

CONCERNING AUTHORIZATION FOR AUTOMATED DRIVING SYSTEMS TO
CONTROL MOTOR VEHICLES THROUGHOUT COLORADO.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:

(a) Innovative technology in the form of automated driving systems
can save lives and improve mobility;

(b) In 2016, more than 600 people died on Colorado roads and
highways, but because human error contributes to most crashes, the use of
automated driving systems could reduce traffic fatalities by up to 90
percent;

© Nationwide, 2016 saw more than 2 million crashes, which has
significant financial consequences;

(d) Automated driving systems could provide mobility options for
people who are young, elderly, disabled, poor, or impaired;

(e) Automated driving systems offer a solution for cost-efficient
last-mile connections with existing public transit;

(f) The testing and deployment of these technologies in Colorado
will build on Colorado's reputation as a hub for advanced technologies;

(g) As automated vehicles are tested and deployed in Colorado,
public safety will continue to be a top consideration and priority for the
general assembly for all vehicles and pedestrians;

(h) Automated driving systems will affect those employed in the
transit industry, and the executive branch and the general assembly are
encouraged to study those effects; and

(i) The use of motor vehicles with level 0 to 3 automation, as
described by SAE International standard J3016, is legal under Colorado
law with a human driver in the vehicle and, therefore, need not be
addressed in this act.

SECTION 2. In Colorado Revised Statutes, 42-1-102, amend the
introductory portion; and add (7.7), (27.8), and (43.3) as follows:

42-1-102. Definitions. As used in articles 1 to 4 of this TITLE
42, unless the context otherwise requires:

(7.7) "AUTOMATED DRIVING SYSTEM" MEANS HARDWARE AND
SOFTWARE THAT ARE COLLECTIVELY CAPABLE, WITHOUT ANY
INTERVENTION OR SUPERVISION BY A HUMAN OPERATOR, OF PERFORMING
ALL ASPECTS OF THE DYNAMIC DRIVING TASK FOR A VEHICLE ON A
PART-TIME OR FULL-TIME BASIS, DESCRIBED AS LEVELS 4 AND 5
AUTOMATION IN SAE INTERNATIONAL'S STANDARD J3016, AS IT EXISTED IN
SEPTEMBER 2016.


(27.8)(a) "DYNAMIC DRIVING TASK" MEANS ALL OF THE FOLLOWING
ASPECTS OF DRIVING:

(I) OPERATIONAL ASPECTS, INCLUDING STEERING, BRAKING,
ACCELERATING, AND MONITORING THE VEHICLE AND THE ROADWAY; AND

(II) TACTICAL ASPECTS, INCLUDING RESPONDING TO EVENTS,
DETERMINING WHEN TO CHANGE LANES, TURNING, USING SIGNALS, AND
OTHER RELATED ACTIONS.

(b) "DYNAMIC DRIVING TASK" DOES NOT INCLUDE STRATEGIC
ASPECTS, INCLUDING DETERMINING DESTINATIONS OR WAY POINTS, OF
DRIVING.

(43.3) "HUMAN OPERATOR" MEANS A NATURAL PERSON IN THE
VEHICLE WITH IMMEDIATE ACCESS TO CONTROLS FOR STEERING, BRAKING,
AND ACCELERATION.

SECTION 3. In Colorado Revised Statutes, 42-4-110, add (6) as
follows:

42-4-110. Provisions uniform throughout state. (6) (a) THE
GENERAL ASSEMBLY HEREBY FINDS THAT THE USE OF AUTOMATED DRIVING
SYSTEMS WILL HELP PEOPLE WHO MAY HAVE DIFFICULTY DRIVING,
INCLUDING PEOPLE WHO ARE ELDERLY AND PEOPLE WITH DISABILITIES, GAIN
ACCESS TO GOODS AND SERVICES ESSENTIAL TO DAILY LIFE. THIS ACCESS
REQUIRES TRAVELING ACROSS AND IN MULTIPLE JURISDICTIONS.
THEREFORE, THE REGULATION OF AUTOMATED DRIVING SYSTEMS IS A
MATTER OF STATEWIDE CONCERN.

(b) A STATE AGENCY OR A POLITICAL SUBDIVISION OF THE STATE
SHALL NOT ADOPT OR ENFORCE A POLICY, RULE, OR ORDINANCE THAT SETS
STANDARDS FOR. AN AUTOMATED DRIVING SYSTEM THAT ARE DIFFERENT
FROM THE STANDARDS SET FOR A HUMAN DRIVER.

SECTION 4. In Colorado Revised Statutes, add 42-4-242 as
follows:

42-4-242. Automated driving systems - safe harbor. (1) A
PERSON MAY USE AN AUTOMATED DRIVING SYSTEM TO DRIVE A MOTOR
VEHICLE OR TO CONTROL A FUNCTION OF A MOTOR VEHICLE IF THE SYSTEM
IS CAPABLE OF COMPLYING WITH EVERY STATE AND FEDERAL LAW THAT
APPLIES TO THE FUNCTION THAT THE SYSTEM IS OPERATING.

(2) ANY PROVISION IN ARTICLES 1 TO 3 OF THIS TITLE 42 AND THIS
ARTICLE 4 THAT BY ITS NATURE REGULATES A HUMAN DRIVER, INCLUDING
SECTION 42-2-101, DOES NOT APPLY TO AN AUTOMATED DRIVING SYSTEM,
EXCEPT FOR LAWS REGULATING THE PHYSICAL DRIVING OF A VEHICLE.

(3) (a) IF AN AUTOMATED DRIVING SYSTEM IS NOT CAPABLE OF
COMPLYING WITH EVERY STATE AND FEDERAL LAW THAT APPLIES TO THE
FUNCTION THE SYSTEM IS OPERATING, A PERSON SHALL NOT TEST THE
SYSTEM UNLESS APPROVED BY THE COLORADO STATE PATROL AND THE
COLORADO DEPARTMENT OF TRANSPORTATION, IN ACCORDANCE WITH A
PROCESS OVERSEEN BY THE COLORADO STATE PATROL AND THE COLORADO
DEPARTMENT OF TRANSPORTATION.

(b) A PERSON WHO VIOLATES THIS SUBSECTION (3) COMMITS A
CLASS B TRAFFIC INFRACTION. UPON DETERMINING THAT THERE IS
PROBABLE CAUSE TO BELIEVE THAT A MOTOR VEHICLE WAS USED TO
VIOLATE THIS SUBSECTION (3), A PEACE OFFICER OF THE STATE PATROL MAY
IMPOUND OR IMMOBILIZE THE MOTOR VEHICLE UNTIL THE PERSON WHO
VIOLATED THIS SECTION HAS OBTAINED THE REQUIRED APPROVAL IN
ACCORDANCE WITH SUBSECTION (3)(a) OF THIS SECTION OR SIGNED AN
AFFIDAVIT, UNDER PENALTY OF PERJURY, STATING THE PERSON'S INTENTION
TO CEASE USING THE AUTOMATED DRIVING SYSTEM IN COLORADO WITHOUT
THE REQUIRED APPROVAL.

(4) THE COLORADO DEPARTMENT OF TRANSPORTATION SHALL
REPORT TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE BY
SEPTEMBER 1 OF EACH YEAR, CONCERNING THE TESTING OF AUTOMATED
DRIVING SYSTEMS IN COLORADO. THE FIRST REPORT IS DUE BY SEPTEMBER
1, 2018. NOTWITHSTANDING THE PROVISIONS OF SECTION 24-1-136, THE
REPORTING REQUIREMENT CONTAINED IN THIS SUBSECTION (4) CONTINUES
INDEFINITELY.

(5) LIABILITY FOR A CRASH INVOLVING AN AUTOMATED DRIVING
SYSTEM DRIVING A MOTOR VEHICLE THAT IS NOT UNDER HUMAN CONTROL
IS DETERMINED IN ACCORDANCE WITH APPLICABLE STATE LAW, FEDERAL
LAW, OR COMMON LAW.


SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
9, 2017, if adjournment sine die is on May 10, 2017); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2018
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.

Kevin J. Grantham
PRESIDENT OF
THE SENATE

Crisanta Duran
SPEAKER OF THE HOUSE
OF REPRESENTATIVES

Effie Ameen
SECRETARY OF
THE SENATE

Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES

APPROVED



John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO 


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http://leg.colorado.gov/sites/default/fi...signed.pdf