HR4661-119

1. Short title This Act may be cited as the Autonomous Mobility Ensuring Regulation, Innovation, Commerce, and Advancement Driving Reliability in Vehicle Efficiency and Safety Act or the AMERICA DRIVES Act.

2. Preemption of State laws requiring a human occupant in an automated driving systems-equipped commercial motor vehicle Subchapter III of chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following: A commercial motor vehicle equipped with a Level 4 or Level 5 ADS may be operated in interstate commerce without— a human driver on board such vehicle; or a remote human driver. The Secretary of Transportation shall issue regulations as necessary to implement this section. Nothing in this subsection shall be construed to require a commercial motor vehicle to be equipped with an ADS. The analysis for chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following: Section 31132 of title 49, United States Code, is amended by adding at the end the following: ADS-equipped vehicle means a motor vehicle equipped with an automated driving system. Automated driving system or ADS means— hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such hardware or software is limited to a specific operational design domain; includes only systems that meet the definition of automation levels 3, 4, or 5 under SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, or subsequent editions of J3016 adopted by the Secretary; and does not include systems that provide only assistance to a human driver. Level 4 has the meaning of that term as provided in the April 2021 edition of SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, or subsequent editions of J3016 adopted by the Secretary and refers to an ADS that is capable of providing full driving automation under defined conditions with no need for human intervention. Level 5 has the meaning of that term as provided in the April 2021 edition of SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, or subsequent editions of J3016 adopted by the Secretary and refers to an ADS that is capable of providing full driving automation under all conditions with no need for human intervention. 31140. ADS-equipped commercial motor vehicle operation (a) In general A commercial motor vehicle equipped with a Level 4 or Level 5 ADS may be operated in interstate commerce without— (1) a human driver on board such vehicle; or (2) a remote human driver. (b) Regulations The Secretary of Transportation shall issue regulations as necessary to implement this section. (c) Statutory construction Nothing in this subsection shall be construed to require a commercial motor vehicle to be equipped with an ADS. . 31140. ADS-equipped commercial motor vehicle operation. . (12)ADS-equipped vehicle means a motor vehicle equipped with an automated driving system. (13)Automated driving system or ADS means— (A)hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such hardware or software is limited to a specific operational design domain; (B)includes only systems that meet the definition of automation levels 3, 4, or 5 under SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, or subsequent editions of J3016 adopted by the Secretary; and (C)does not include systems that provide only assistance to a human driver. (14)Level 4 has the meaning of that term as provided in the April 2021 edition of SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, or subsequent editions of J3016 adopted by the Secretary and refers to an ADS that is capable of providing full driving automation under defined conditions with no need for human intervention. (15)Level 5 has the meaning of that term as provided in the April 2021 edition of SAE International’s J3016 recommended practice titled Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, or subsequent editions of J3016 adopted by the Secretary and refers to an ADS that is capable of providing full driving automation under all conditions with no need for human intervention..

31140. ADS-equipped commercial motor vehicle operation A commercial motor vehicle equipped with a Level 4 or Level 5 ADS may be operated in interstate commerce without— a human driver on board such vehicle; or a remote human driver. The Secretary of Transportation shall issue regulations as necessary to implement this section. Nothing in this subsection shall be construed to require a commercial motor vehicle to be equipped with an ADS.

3. Reducing regulatory obstacles to safe integration of automated driving systems-equipped commercial motor vehicles Not later than September 30, 2027, the Secretary of Transportation shall address the applicability of sections 350 through 399 of title 49, Code of Federal Regulations to ADS-equipped commercial motor vehicles based on the advance notice of proposed rulemaking published on May 28, 2019 (84 Fed. Reg. 24449) that— amends such sections to provide for the integration of automated driving systems into commercial vehicle operations, including updating any such sections that reasonably apply only to a human driver to clarify such regulations do not apply to an ADS or to an ADS-equipped vehicles operating with an ADS engaged and without a human driver on board, including hours of service, drug testing, electronic logging devices, commercial driver’s license, and physical qualification requirements; and define the terms remote driver and remote assistance as follows: The term remote driver means a driver who is not seated in a position to manually exercise in-vehicle braking, accelerating, steering, and transmission gear selection input devices (if any), but is able to operate the vehicle. The term remote assistance means event-driven provision, by a remotely located human, of information or advice to an AD2202S-equipped vehicle in driverless operation in order to facilitate trip continuation when the automated driving system encounters a situation where remote assistance could provide clarity. The Secretary may not issue a regulation that unduly burdens motor carriers operating ADS-equipped vehicles or discriminates against an ADS-equipped vehicle relative to other commercial motor vehicles. Section 31113 of title 49, United States Code, is amended— by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and by inserting the following after subsection (b): Width calculated under this section does not include automated driving system technologies or equipment. The terms defined in section 31132 of title 49, United States Code, apply to this section. (c)Exclusion of automated driving technologies and equipmentWidth calculated under this section does not include automated driving system technologies or equipment..

4. Regulatory interpretations Sections 392.22 and 393.95(f) of title 49, Code of Federal Regulations, and any related regulations shall be applied as if to include cab-mounted warning beacons as a permissible warning device, as proposed by the Exemption Application published on March 3, 2023 (88 Fed. Reg. 14665, Docket No. FMCSA–2023–0071).