Implications of Connected and Automated Driving Systems, Vol. 4: Autonomous Vehicle Action Plan (2018)

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NCHRP 20-102(07) Autonomous Vehicle Action Plan – A Roadmap for States 46 Overcoming Barriers – Establishing a C/ADS Vehicle State Policy Task Force 5.1 Task Force Overview Establishing a Task Force C/ADS vehicles are being tested around the country, and nearing readiness for deployment and operation in commercial settings. Despite the technological advances, areas of existing state laws and regulations assume the presence of a human operator, which may disallow or impede C/ADS operation. States can establish governmental task forces as a formal mechanism to review, analyze, and revise existing laws and regulations to ensure that C/ADSs can legally, safely, and efficiently operate. Each state’s laws and governing context are unique, and as such it is not possible to recommend a universal approach to specific legal and regulatory changes. Instead, state task forces can use this guide as a roadmap for recommended legal changes. States should convene a task force of relevant government entities to analyze state laws using the legal recommendations identified in Chapter 2, create a list of needed legal and regulatory changes, elicit feedback from relevant stakeholders and the public, then revise, and ultimately enact the needed changes. Each state has different internal structures and stakeholders, so the process will vary across states. As such, this document provides a high-level guiding framework for organizing and convening a task force to analyze and revise laws and regulations to enable the deployment and operation of C/ADSs. Legislative action may be needed in some states to develop advisory groups or steering committees; this type of mandate is often a state’s initial C/ADS-related legislation. Stakeholder committee charters should clearly note the timeframe for the committee's activities, the committee's charge (e.g., complete an audit, provide opportunities for information sharing), and anticipated deliverables (e.g., a prioritized list of modifications), if any. Some examples of recent legislative action include the following: Wisconsin Executive Order 245 (2017) created the Governor’s Steering Committee on Autonomous and Connected Vehicle Testing and Deployment. The Committee is charged with identifying all agencies in the state with jurisdiction over testing and deployment of the vehicles, coordinating with the agencies to address concerns related to issues such as “vehicle registration, licensing, insurance, traffic regulations, equipment standards, and vehicle owner or operator responsibilities and liabilities under current law,” and reviewing current state laws and regulations that may impede testing and deployment, along with other tasks.

NCHRP 20-102(07) Autonomous Vehicle Action Plan – A Roadmap for States 47 Connecticut CT Public Act No. 17-69 (June 27, 2017) establishes a task force to study “fully autonomous vehicles,” to evaluate the standards established by NHTSA regarding state responsibilities for regulating fully autonomous vehicles, the laws, legislation and regulations proposed or enacted by other states, and recommendations on how the state should regulate. Vermont Act No. 38 (HB 494) (May 17, 2017) requires the DOT to convene a meeting of stakeholders with expertise on a range of topics related to “automated vehicles” and to report any recommendations, including proposed legislation, to the legislature. Identifying Task Force Members The task force should include representatives from key government agencies and departments (e.g., Governor's office, DOT, DMV, law enforcement) with an interest in and responsibility for the various areas of consideration for deployment (e.g., licensing/registration, enforcement of traffic laws/regulations). The composition will likely vary by state. The task force may want to designate one agency to take the lead in stakeholder outreach efforts, and state DMVs may be best equipped for this role. The required legal audit will likely focus on areas of law and governance that DMVs typically oversee, such as vehicle and driver laws. 5.2 Task Force Activities Task forces can accomplish many different goals using a number of different methods, but for the purpose of reviewing laws and regulations to enable C/ADS deployment and operation, we recommend the task force take several steps. These are outlined below. Convene a Working Group First, the task force should convene a core working group of representatives from key governmental agencies and departments. The proper agencies will likely vary by state, but membership could include representatives from the Governor's office, DMVs, DOTs, state insurance agencies, state attorneys general, transit agencies and transportation providers, law enforcement, legislators and legislative aides, and local and regional governments, among others. This core working group should analyze the states’ existing laws and regulations to identify areas requiring changes to enable C/ADS deployment. This group may find it useful to start with the short- and mid-term recommendations presented in Chapter 3 and Appendix 2 as guidance to identify needed changes. States may wish to focus first on the report’s most time-sensitive recommendations and tackle longer-term changes in subsequent meetings. The core working group should develop a list of specific needed legal changes for use in subsequent task force activities.

NCHRP 20-102(07) Autonomous Vehicle Action Plan – A Roadmap for States 48 Obtain Feedback Second, members of the task force should take these proposed changes and engage with relevant stakeholders to obtain feedback. As an example, if the task force identifies necessary legal changes regarding commercial vehicle platooning, feedback may be desired from commercial vehicle operators and associations, companies developing platooning systems, state and local governmental entities, and other organizations and individuals with a stake in commercial vehicle operations specific to the proposed change. The task force members should consider the feedback provided, and potentially revise the needed changes as appropriate. This process should be repeated for each needed change with relevant stakeholder groups, and the needed changes revised as appropriate. Upon completing the stakeholder engagement and revision process, the task force should then engage with the general public to gain feedback on the proposed changes. Public engagement can take many forms, but could include public meetings, workshops, and virtual open houses, among others. Again, the task force should consider the feedback provided, and revise the needed changes as appropriate. Petition for Change Finally, the task force should present the needed changes to the entities responsible for implementing the changes. Implementation of changes can take various forms, depending on the specifics of the needed changes and the state in question. State agencies may be able to make changes unilaterally if the needed change is the result of an administrative rule or regulation. State legislative bodies are often responsible for making legal changes, and the task force would likely present the needed changes before these bodies for consideration. Having legislators and legislative aides as part of the task force’s core working group will help ensure that the changes brought before legislative bodies are well informed and more efficiently implemented. 5.3 State Task Force Examples States may find it helpful to consider how others are using a task force to facilitate the deployment of C/ADS-equipped vehicles. Accordingly, we have provided a number of examples below. It is worth noting that several of these examples describe the use of a task force to address C/ADS-equipped vehicle testing. States should keep in mind that moving forward, the role of task forces is likely to be primarily focused on revising state codes for C/ADS-equipped vehicle deployment and operation. States can establish governmental task forces as a formal mechanism to review, analyze, and revise existing laws and regulations to ensure C/ADS can legally, safely, and efficiently operate. The examples given here are still informative in showing the diversity of approaches by state, along with the common goal of collaboration amongst stakeholders to ensure that legislative and regulatory changes are well informed. Connecticut Connecticut plans to use a task force as a way to study ADS-equipped vehicles, evaluate NHTSA’s standards, and evaluate a pilot program. SB 260, which was enacted on June 27, 2017, requires the

NCHRP 20-102(07) Autonomous Vehicle Action Plan – A Roadmap for States 49 development of a pilot program for up to four municipalities for the testing of level 5 ADS-equipped vehicles on public roads in those municipalities.1 It specifies the requirements for testing, which include having an operator seated in the driver’s seat and providing proof of insurance of at least $5 million. A task force is to be established to study ADS-equipped vehicles. The study must include an evaluation of NHTSA’s standards regarding state responsibility for regulating automated vehicles; an evaluation of laws, legislation, and regulations in other states and provide recommendations on how Connecticut should legislate and regulate automated vehicles; and an evaluation of the pilot program. North Carolina The North Carolina DOT and DMV partnered on the “NCDOT CAV Roadmap Development Project” with the goal determining how North Carolina should be preparing for connected and autonomous vehicle (CAV) technology.2 The project involved stakeholder coordination and education with a wide variety of stakeholders from State Agencies (e.g., NC Office of the Governor, NC State Highway Patrol), local agencies (Charlotte Area Transit, City of Durham), businesses (e.g., Regional Transportation Alliance, NC Association for Defense Attorneys) and other groups (e.g., Advocate for the Blind and Visually Impaired, Tesla Automotive, and UNC Highway Safety Research Center). The products of the joint DOT/DMV project include: (1) Assessment Summary of the NC Motor Vehicle and Licensing Codes (2) Stakeholder Workshop to identify key areas of focus for the State in response to CAV technology (3) Activities Roadmap of suggested near- and medium-term initiatives to be considered by the State in preparation for CAV technology. North Dakota North Dakota is encouraging collaboration between the DOT and industry. In 2017 HB 1202, which was enacted on April 13, 2017, authorizes a DOT study under which the North Dakota DOT will collaborate with the ADS technology industry to study the use of, and data collected by, ADSs on state highways.3 The North Dakota DOT must review current laws of licensing, registration, insurance, and data ownership to be applied to driving automation system-equipped vehicles. North Dakota’s DOT would report this study to the 66th Legislative Assembly of North Dakota. Pennsylvania Pennsylvania created an Autonomous Vehicles Testing Policy Task Force, chaired by PennDOT, to develop recommended guidance for developing policies to oversee testing of level 4–5 ADS-equipped vehicles.4 The guidance was presented to the PennDOT Secretary and the final testing policy was reviewed during an on-line public forum. The effort involved months of collaboration between state, federal, and private-industry officials (e.g., the Federal Highway Administration, AAA, Carnegie Mellon 1 CT SB 260, Public Act No. 17-69. (2017). Accessed at: https://www.cga.ct.gov/2017/ACT/pa/2017PA-00069-R00SB-00260- PA.htm 2 NC Readiness for Connected and Autonomous Vehicles (CAV) Final Report. Accessed at: http://www.ncav.org/wp- content/uploads/2016/03/NC-Roadmap-for-CAV_Final_ALL.pdf 3 HB 1202. (2017). Accessed at: http://www.legis.nd.gov/assembly/65-2017/documents/17-0711-04000.pdf 4 Pennsylvania DOT (Press Release, December 2016). Accessed at: http://www.penndot.gov/pages/all-news- details.aspx?newsid=276

NCHRP 20-102(07) Autonomous Vehicle Action Plan – A Roadmap for States 50 University, University of Pennsylvania, Uber, SAE, the Pennsylvania Motor Truck Association, and General Motors). The goal of the task force was “to create a framework for testing [highly automated vehicles] in Pennsylvania that balances public safety with innovation and provides for the flexibility required to keep the state in the forefront of the development of this emerging and potentially transformative technology.” Utah Utah passed HB 280 in May 2016, authorizing a level 4-5 ADS-equipped vehicle study.5 The bill specifies that each agency of the state “with regulatory authority impacting autonomous vehicle technology testing shall facilitate and encourage the responsible testing and operation of autonomous vehicle technology within the state.”6 The bill authorizes the departments of Public Safety, Motor Vehicles, Transportation and Technology Services to contract and partner with groups for testing C/ADSs in the state. The bill directs that the Department of Public Safety, in consultation with other state agencies, including the DMV and the DOT, shall study, prepare a report, and make recommendations regarding the best practices for regulation of driving automation system-equipped vehicle technologies on Utah highways. Virginia On June 2, 2015, Virginia Governor Terry McAuliffe announced the designation of more than 70 miles of interstates and arterial roads in the Northern Virginia region as the “Virginia Automated Corridors,” allowing developers of C/ADS-equipped vehicles the opportunity to test their technologies.7 The project is a joint effort of the Virginia DOT and DMV in partnership with the Virginia Tech Transportation Institute, Transurban, and the navigation and mapping company HERE. Washington Washington, via Executive Order 17-02, has set up a driving automation system-equipped vehicle work group to begin to address driving automation system testing and enable pilot programs within the state. The working group will have at least one representative from the Governor’s office, and representatives from other state agencies. Pilot programs are authorized and can be conducted in partnership with entities developing ADS-equipped vehicle technology equipment. 5 HB 280, Se 41-26-102 (3)(a). (2016) 6 HB 280. (2016). Accessed at: https://le.utah.gov/~2016/bills/static/HB0280.html 7 Governor of Virginia. (Press Release, June 2015). Accessed at: https://governor.virginia.gov/newsroom/newsarticle?articleId=8526#sthash.W3FXQR9x. dpuf.