SB-0996, As Passed Senate, November 10, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 996

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 665b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 665b. (1) A motor vehicle manufacturer may participate in

 

a SAVE project if it self-certifies to all of the following:

 

     (a) That it is a motor vehicle manufacturer. A person that is

 

not a motor vehicle manufacturer may not participate in a SAVE

 

project.

 

     (b) That each vehicle in the participating fleet is owned or

 

controlled by the motor vehicle manufacturer and is equipped with

 

all of the following:

 

     (i) An automated driving system.

 

     (ii) Automatic crash notification technology.


     (iii) A data recording system that has the capacity to record

 

the automated driving system's status and other vehicle attributes

 

including, but not limited to, speed, direction, and location

 

during a specified time period before a crash as determined by the

 

motor vehicle manufacturer.

 

     (c) That the participating fleet complies with all applicable

 

state and federal laws.

 

     (d) That each vehicle in the participating fleet is capable of

 

being operated in compliance with applicable traffic and motor

 

vehicle laws of this state.

 

     (2) A motor vehicle manufacturer's eligibility to participate

 

in a SAVE project under this section is conditioned solely upon

 

meeting the requirements of this section. A motor vehicle

 

manufacturer shall verify its satisfaction of the requirements of

 

this section using the self-certification described in subsection

 

(1).

 

     (3) All of the following apply to a motor vehicle manufacturer

 

that participates in a SAVE project:

 

     (a) The motor vehicle manufacturer may commence a SAVE project

 

at any time after it notifies the department that it has self-

 

certified as provided in subsection (1). The notification required

 

by this subdivision shall also set forth the geographical

 

boundaries for the SAVE project. A motor vehicle manufacturer may

 

make multiple notifications under this subsection.

 

     (b) The motor vehicle manufacturer may participate in a SAVE

 

project under any terms it deems appropriate so long as the terms

 

are consistent with this section and other applicable law.


     (c) The motor vehicle manufacturer shall determine the

 

geographical boundaries for a SAVE project, which may include, but

 

are not limited to, any of the following:

 

     (i) A designated area within a municipality.

 

     (ii) An area maintained by a regional authority.

 

     (iii) A university campus.

 

     (iv) A development that caters to senior citizens.

 

     (v) A geographic or demographic area that is similar to the

 

areas described in subparagraphs (i) to (iv).

 

     (d) Public operation of a participating fleet shall be

 

confined to the boundaries selected by the motor vehicle

 

manufacturer under subdivision (c).

 

     (e) For the duration of a SAVE project, the motor vehicle

 

manufacturer shall maintain incident records and provide periodic

 

summaries related to the safety and efficacy of travel of the

 

participating fleet to the department and the National Highway

 

Traffic Safety Administration.

 

     (f) An individual who participates in a SAVE project is deemed

 

by his or her participation to have consented to the collection of

 

the information described in subdivision (e) while he or she is in

 

a vehicle that is part of the participating fleet and to the

 

provision of the summaries to the department and the National

 

Highway Traffic Safety Administration as described in subdivision

 

(e). Before commencing a SAVE project, and for the duration of the

 

SAVE project, the motor vehicle manufacturer shall make publicly

 

available a privacy statement disclosing its data handling

 

practices in connection with the applicable participating fleet.


     (4) When engaged, an automated driving system or any remote or

 

expert-controlled assist activity shall be considered the driver or

 

operator of the vehicle for purposes of determining conformance to

 

any applicable traffic or motor vehicle laws and shall be deemed to

 

satisfy electronically all physical acts required by a driver or

 

operator of the vehicle. A motor vehicle manufacturer shall insure

 

each vehicle in a participating fleet as required under this act

 

and chapter 31 of the insurance code of 1956, 1956 PA 218, MCL

 

500.3101 to 500.3179. For each SAVE project in which it

 

participates, during the time that an automated driving system is

 

in control of a vehicle in the participating fleet, a motor vehicle

 

manufacturer shall assume liability for each incident in which the

 

automated driving system is at fault, subject to chapter 31 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.