SSB 3052 (LSB 5993XC (1) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON ZUMBACH)

A BILL FOR

An Act relating to the operation of driverless-capable vehicles, including associated civil and criminal liability, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.515, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  A Except as provided in paragraph “b”, a driverless-capable vehicle may operate on the public highways of this state without a conventional human driver physically present in the vehicle, if the vehicle meets all of the following conditions:
   a.  (1)  The vehicle is capable of achieving a minimal risk condition if a malfunction of the automated driving system occurs that renders the system unable to perform the entire dynamic driving task within the system’s intended operational design domain, if any.
   b.  (2)  While in driverless operation, the vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task, unless an exemption has been granted to the vehicle by the department.
   c.  (3)  The vehicle has been certified by the vehicle’s manufacturer to be in compliance with all applicable federal motor vehicle safety standards, except to the extent an exemption has been granted for the vehicle under applicable federal law or by the national highway traffic safety administration.
   b.  A driverless-capable vehicle transporting hazardous material shall not operate without a conventional human driver.
    Sec. 2.  Section 321.515, subsection 2, paragraph b, Code 2026, is amended to read as follows:
   b.  An automated driving system, while engaged, shall be designed to operate within the system’s operational design domain and in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task, unless an exemption has been granted to the vehicle by the department.
    Sec. 3.  NEW SECTION.  321.515A  Civil and criminal liability.
   1.  The owner of a driverless-capable vehicle is deemed to be operating the vehicle while the automated driving system is engaged and shall be liable for all of the following:
   a.  Personal injury, death, or property damage that results in connection with the operation of the vehicle.
   b.  Violations of traffic or motor vehicle safety laws and regulations of this state, including but not limited to as described in section 321.517.
   2.  A person who modifies an automated driving system of a driverless-capable vehicle without the manufacturer’s consent shall be liable for any damage related to the operation of the vehicle. However, if the owner of the vehicle directed the person to modify the system, the owner shall be liable.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a driverless-capable vehicle equipped with an automated driving system and meeting certain requirements is authorized to operate on highways while performing all real-time operational and tactical functions (dynamic driving task) regardless of whether a conventional human driver is present in the vehicle. The operation of a driverless-capable vehicle is governed by Code sections 321.514 through 321.519 and all applicable traffic and motor vehicle safety laws.
   This bill prohibits a driverless-capable vehicle transporting hazardous material from operating without a conventional human driver. “Hazardous material” is defined for purposes of Code chapter 321 as a substance or material which has been determined by the U.S. secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. By operation of law, a person who violates this provision commits a simple misdemeanor pursuant to Code section 321.482. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   Under current law, an automated driving system that is capable of performing the entire dynamic driving task must be designed to operate within the system’s operational design domain in compliance with the applicable traffic and motor vehicle safety laws and regulations that govern the performance of the dynamic driving task, unless an exemption has been granted to the vehicle by the department of transportation. The bill rephrases this provision to require the system to operate within the system’s operational design domain rather than be designed to operate in that manner.
   The bill imputes liability to the owner of a driverless-capable vehicle for personal injury, death, or property damage that results in connection with the operation of the vehicle and for violations of traffic or motor vehicle safety laws and regulations. A person who modifies an automated driving system of a driverless-capable vehicle without the manufacturer’s consent is liable for any damage related to the operation of the vehicle, unless the owner of the vehicle directed the person to modify the system, in which case the owner is liable.