HB2590

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . SPECIAL RULES FOR automated-driving-system-equipped vehicles and driverless-capable vehicles

§291C-A Definitions. As used in this part:

"Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis regardless of whether the system is limited to a specific operational design domain.

"Automated-driving-system-equipped vehicle" means a motor vehicle equipped with an automated driving system.

"Conventional human driver" means a person who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a motor vehicle.

"Department" means the department of transportation.

"Driverless-capable vehicle" means a motor vehicle equipped with an automated driving system capable of performing all aspects of the dynamic driving task within its operational design domain, if any, including achieving a minimal risk condition, without any intervention or supervision by a conventional human driver.

"Dynamic driving task" means all of the real-time operational and tactical functions required to operate a motor vehicle within its specific operational design domain, if any. "Dynamic driving task" excludes any strategic functions, including trip scheduling and selection of destinations and waypoints, required to operate a motor vehicle within its specific operational design domain, if any.

"Minimal risk condition" means a reasonably safe state to which an automated driving system brings an automated-driving-system-equipped vehicle upon experiencing a performance-related failure of the motor vehicle's automated driving system that renders the motor vehicle unable to perform the entire dynamic driving task. "Minimal risk condition" includes bringing the vehicle to a complete stop and activating the hazard lamps.

"On-demand driverless-capable vehicle network" means a transportation service network that uses a software application or other digital means to dispatch driverless-capable vehicles for purposes of transporting persons or goods, including for-hire transportation, transportation for compensation, and public transportation.

"Operational design domain" means a description of the specific operating domain in which an automated driving system is designed to properly operate. "Operational design domain" includes roadway types; speed range; environmental conditions, including weather and time of day; and other domain constraints.

§291C-B Operation of driverless-capable vehicles without a conventional human driver present; requirements; physical acts. A driverless-capable vehicle may operate on any highway in the State without a conventional human driver physically present in the vehicle if the following conditions are met:

(1) The driverless-capable vehicle shall be 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 its intended operational design domain, if any; and

(2) While in driverless operation, the driverless-capable vehicle shall be capable of operating in compliance with any applicable state traffic laws that govern the performance of the dynamic driving task, including but not limited to any laws regulating the operation of motor vehicles at railroad crossings, unless an exemption has been granted by the department; provided that department shall consult with all railroad companies operating in the State when considering an exemption that affects motor vehicle operations at railroad crossings;

provided further that, when engaged, the automated driving system of the driverless-capable vehicle shall fulfill any physical acts required by any state traffic laws of a conventional human driver to perform the dynamic driving task.

§291C-C Operation of automated-driving-system-equipped vehicles; authorized. (a) Notwithstanding any law to the contrary, a conventional human driver may operate or cause to be operated an automated-driving-system-equipped vehicle capable of performing the entire dynamic driving task within its operational design domain on any highway in the State; provided that this operation shall be subject to any applicable state traffic laws; provided further that the conventional human driver shall:

(1) Be licensed pursuant to chapter 286;

(2) Operate the automated-driving-system-equipped vehicle according to the motor vehicle manufacturer's requirements and specifications; and

(3) Regain manual control of the automated-driving-system-equipped vehicle upon the request of the automated driving system.

(b) While engaged, the automated driving system feature shall be designed to operate within its operational design domain in compliance with the state traffic laws, including any laws regulating the operation of motor vehicles at railroad crossings, unless an exemption has been granted by the department; provided that department shall consult with all railroad companies operating in the State when considering an exemption that affects motor vehicle operations at railroad crossings.

§291C-D Automated-driving-system-equipped vehicles; insurance requirements. Prior to operating an automated-driving-system-equipped vehicle on any highway in the State, the conventional human driver operating the automated-driving-system-equipped vehicle shall submit proof of financial responsibility satisfactory to the department that the automated-driving-system-equipped vehicle is covered by insurance or proof of self-insurance that satisfies the requirements of the Hawaii motor vehicle insurance law.

§291C-E Operation of on-demand driverless-capable vehicle networks; authorized. Notwithstanding any law to the contrary, on-demand driverless-capable vehicle networks may be used to:

(1) Transport persons or goods, including:

(A) For-hire transportation, including transportation for multiple passengers who agree to share the ride in whole or in part; and

(B) Public transportation; and

(2) Connect passengers to driverless-capable vehicles either exclusively or as part of a digital network that also connects passengers to conventional human drivers who provide transportation services in vehicles that are not driverless-capable vehicles.

§291C-F Accidents; requirements. If an accident involving an automated-driving-system-equipped vehicle occurs:

(1) The automated-driving-system-equipped vehicle shall remain on the scene of the accident and otherwise be in compliance with part II of chapter 291C; and

(2) The owner of the automated-driving-system-equipped vehicle, if capable, or a person on behalf of the automated-driving-system-equipped vehicle owner, shall report any accident as required by part II of chapter 291C.

291C-G Jurisdiction; authority. (a) This part shall apply to every automated-driving-system-equipped vehicles and automated driving systems operated on any highway or any other publicly owned places under the jurisdiction of the State or any county.

(b) The department shall have exclusive authority over all matters subject to this part.

(1) Impose requirements, including performance standards, specific to the operation of automated-driving-system-equipped vehicles, automated driving systems, or on-demand driverless-capable vehicle networks in addition to the requirements of this part; or

(2) Impose a tax or other requirement on any automated-driving-system-equipped vehicle, automated driving system, or on-demand driverless-capable vehicle network, where the tax or other requirement imposed relates specifically to the operation of automated-driving-system-equipped vehicles.

§291C-H Highway improvements. Nothing in this part shall be construed to require the State or counties to plan, design, construct, maintain, or modify any highway to accommodate automated-driving-system-equipped vehicles or driverless-capable vehicles.

§291C-I Tort liability. Nothing in this part shall be construed to provide greater liability than is already allowed under the state tort liability act.

§291C-J Certificates of title; registration; issuance. The director of finance of each county may issue certificates of title for and register any automated-driving-system-equipped vehicle or driverless-capable vehicle that does not meet the applicable Federal Motor Vehicle Safety Standards but has been granted an exemption by the National Highway Traffic Safety Administration."

SECTION 2. Section 286-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The county director of finance shall examine and to the best of the director's ability determine the genuineness and regularity of every registration and transfer of registration of a vehicle pursuant to this part to ensure that every certificate issued for a vehicle contains true statements of the ownership of the vehicle and to prevent the registration of a vehicle by any person not entitled to the vehicle. The director of finance may require any applicant to furnish information, in addition to that contained in the application, that is necessary to satisfy the director of finance of the truth and regularity of the application. The director of finance may accept any county certificate of title issued for a vehicle as prima facie evidence of ownership for registration and transfer of registration. The director may issue vehicle identification numbers for reconstructed vehicles, special interest vehicles, or motorcycles that do not have vehicle identification numbers if the director determines that the requirements of this section have been met.

The county director of finance may register a motorcycle with an aftermarket motorcycle frame, using the number of the frame as issued by the manufacturer of the frame, the vehicle identification number on the certification label, or a vehicle identification number assigned by the director of finance. A bill of sale and Manufacturer's Statement of Origin for the frame, engine, and transmission must be presented and retained as a part of the permanent county registration records. If a Manufacturer's Statement of Origin is not available for the engine and transmission due to the use of a used or reconstructed engine, transmission, or both, then a bill of sale or other proof of ownership, satisfactory to the director of finance must be presented.

Except for motorcycles that are built on an aftermarket motorcycle frame, special interest vehicles, and reconstructed vehicles, or as otherwise provided for in section 291C-G, any motor vehicle or device that is not certified by the manufacturer to be in compliance with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture shall not be registered."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2590
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII