Union Calendar No. CONGRESS S H. R. 3388

1 Union Calendar No. 115 THCONGRESS 1 STSESSION H. R. 3388 [Report No. 115 ] To provide for information on highly automated driving systems to be made available to prospective buyers. IN THE HOUSE OF REPRESENTATIVES JULY25, 2017 Mr. LATTA(for himself and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on Energy and Commerce SEPTEMBER--, 2017 Reported with amendments, committed to the Committee of the Whole House on the State of the Union , and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on July 25, 2017] VerDate Nov 24 2008 12:31 Aug 03, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 C:\USERS\CASTERKX\APPDATA\ROAMING\SOFTQU AD\XMETAL\ \GEN\C\ 3, 2017 (12:31 )G:\OFFICE\RAMSEYER\R15\RH\.

2 \VHLC\080317\ 2 A BILL To provide for information on highly automated driving systems to be made available to prospective buyers. VerDate Nov 24 2008 12:31 Aug 03, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 C:\USERS\CASTERKX\APPDATA\ROAMING\SOFTQU AD\XMETAL\ \GEN\C\ 3, 2017 (12:31 )G:\OFFICE\RAMSEYER\R15\RH\ :\VHLC\080317\ 3 Be it enacted by the Senate and House of Representa-1tives of the United States of America in CONGRESS assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3(a) SHORTTITLE. This Act may be cited as the 4 Safely Ensuring Lives Future Deployment and Research 5In Vehicle Evolution Act or the SELF DRIVE Act.

3 6(b) TABLE OFCONTENTS. The table of contents for 7this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. NHTSA authority and State preemption for autonomous motor vehicles. Sec. 4. Updated or new motor vehicle safety standards for highly automated vehi-cles. Sec. 5. Cybersecurity of automated driving systems. Sec. 6. General exemptions. Sec. 7. Motor vehicle testing or evaluation. Sec. 8. Information on highly automated driving systems made available to pro-spective buyers. Sec. 9. Highly Automated Vehicle Advisory Council. Sec. 10.

4 Rear seat occupant alert system. Sec. 11. Headlamps. Sec. 12. Privacy plan required for highly automated vehicles. Sec. 13. Definitions. SEC. 2. PURPOSE. 9 The purpose of this Act is to memorialize the Federal 10role in ensuring the safety of highly automated vehicles as 11it relates to design, construction, and performance, by en-12couraging the testing and deployment of such vehicles. 13 SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR 14 AUTONOMOUS MOTOR VEHICLES. 15 Section 30103 of title 49, United States Code, is 16amended 17 VerDate Nov 24 2008 12:31 Aug 03, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 C:\USERS\CASTERKX\APPDATA\ROAMING\SOFTQU AD\XMETAL\ \GEN\C\ 3, 2017 (12:31 )G:\OFFICE\RAMSEYER\R15\RH\ :\VHLC\080317\ 4 (1) by amending subsection (b) to read as fol-1lows: 2 (b) PREEMPTION.

5 3 (1) HIGHLY AUTOMATED VEHICLES. No State 4or political subdivision of a State may maintain, en-5force, prescribe, or continue in effect any law or regu-6lation regarding the design, construction, or perform-7ance of highly automated vehicles, automated driving 8systems, or components of automated driving systems 9unless such law or regulation is identical to a stand-10ard prescribed under this chapter. 11 (2) MOTORVEHICLESTANDARD. When a 12motor vehicle safety standard is in effect under this 13chapter, a State or political subdivision of a State 14may prescribe or continue in effect a standard appli-15cable to the same aspect of performance of a motor ve-16hicle or motor vehicle equipment only if the standard 17is identical to the standard prescribed under this 18chapter.

6 19 (3) RULES OF CONSTRUCTION. 20 (A) IN GENERAL. Nothing in this sub-21section may be construed to prohibit a State or 22a political subdivision of a State from maintain-23ing, enforcing, prescribing, or continuing in ef-24fect any law or regulation regarding registra-25 VerDate Nov 24 2008 12:31 Aug 03, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 C:\USERS\CASTERKX\APPDATA\ROAMING\SOFTQU AD\XMETAL\ \GEN\C\ 3, 2017 (12:31 )G:\OFFICE\RAMSEYER\R15\RH\ :\VHLC\080317\ 5 tion, licensing, driving education and training, 1insurance, law enforcement, crash investigations, 2safety and emissions inspections, congestion 3management of vehicles on the street within a 4 State or political subdivision of a State, or traf-5fic unless the law or regulation is an unreason-6able restriction on the design, construction, or 7performance of highly automated vehicles, auto-8mated driving systems, or components of auto-9mated driving systems.

7 10 (B) MOTOR VEHICLE DEALERS. Nothing 11in this subsection may be construed to prohibit 12a State or political subdivision of a State from 13maintaining, enforcing, prescribing, or con-14tinuing in effect any law or regulation regarding 15the sale, distribution, repair, or service of highly 16automated vehicles, automated driving systems, 17or components of automated driving systems by 18a dealer, manufacturer, or distributor. 19 (C) CONFORMITY WITH FEDERAL LAW. 20 Nothing in this subsection shall be construed to 21preempt, restrict, or limit a State or political 22subdivision of a State from acting in accordance 23with any other Federal law.

8 24 VerDate Nov 24 2008 12:31 Aug 03, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 C:\USERS\CASTERKX\APPDATA\ROAMING\SOFTQU AD\XMETAL\ \GEN\C\ 3, 2017 (12:31 )G:\OFFICE\RAMSEYER\R15\RH\ :\VHLC\080317\ 6 (4) HIGHER PERFORMANCE REQUIREMENT. 1 However, the United States Government, a State, or 2a political subdivision of a State may prescribe a 3standard for a motor vehicle, motor vehicle equip-4ment, highly automated vehicle, or automated driving 5system obtained for its own use that imposes a higher 6performance requirement than that required by the 7otherwise applicable standard under this chapter.

9 8 (5) STATE ENFORCEMENT. A State may en-9force a standard that is identical to a standard pre-10scribed under this chapter. ; and 11(2) by amending subsection (e) to read as fol-12lows: 13 (e) COMMONLAWLIABILITY. 14 (1) IN GENERAL. Compliance with a motor ve-15hicle safety standard prescribed under this chapter 16does not exempt a person from liability at common 17law. 18 (2) RULE OF CONSTRUCTION. Nothing in this 19section shall be construed to preempt common law 20claims.. 21 VerDate Nov 24 2008 12:31 Aug 03, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 C:\USERS\CASTERKX\APPDATA\ROAMING\SOFTQU AD\XMETAL\ \GEN\C\ 3, 2017 (12:31 )G:\OFFICE\RAMSEYER\R15\RH\ :\VHLC\080317\ 7 SEC.

10 4. UPDATED OR NEW MOTOR VEHICLE SAFETY STAND-1 ARDS FOR HIGHLY AUTOMATED VEHICLES. 2(a) INGENERAL. Chapter 301 of subtitle VI of title 349, United States Code, is amended by inserting after sec-4tion 30128 the following new section: 5 30129. Updated or new motor vehicle safety stand-6ards for highly automated vehicles 7 (a) SAFETYASSESSMENTCERTIFICATION. 8 (1) FINAL RULE. Not later than 24 months 9after the date of the enactment of this section, the Sec-10retary of Transportation shall issue a final rule re-11quiring the submission of safety assessment certifi-12cations regarding how safety is being addressed by 13each entity developing a highly automated vehicle or 14an automated driving system.