Autonomous Vehicles

Enacted Autonomous Vehicle Legislation Map
Enacted Autonomous Vehicles Legislation
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Douglas Shinkle

Many people consider autonomous vehicles to be a significant part of the future of the automotive industry.

As the technology for autonomous vehicles continues to develop, it may be necessary for state and municipal governments to address the potential impacts of these vehicles on the road.

Each year, the number of states considering legislation related to autonomous vehicles has gradually increased.

In 2017, 33 states have introduced legislation. In 2016, 20 states introduced legislation.
Sixteen states introduced legislation in 2015, up from 12 states in 2014, nine states and D.C. in 2013, and six states in 2012.
Since 2012, at least 41 states and D.C. have considered legislation related to autonomous vehicles.
Twenty-two states—Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Michigan, New York, Nevada, North Carolina, North Dakota, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and Vermont—and Washington D.C. have enacted legislation related to autonomous vehicles.
Governors in Arizona, Delaware, Hawaii, Idaho, Maine, Massachusetts, Minnesota, Ohio, Washington and Wisconsin have issued executive orders related to autonomous vehicles.

Legislative Database

NCSL has a NEW autonomous vehicles legislative database, providing up-to-date, real-time information about state autonomous vehicle legislation that has been introduced in the 50 states and the District of Columbia.

States with Enacted Legislation

Federal Action

On Sep. 12, the National Highway and Transportation Safety Administration (NHTSA) released new federal guidelines for Automated Driving Systems (ADS). A Vision for Safety 2.0, the latest guidance for automated driving systems to industry and the states.

The guidance builds on NHTSA’s 2016 guidance. For more information on the 2016 guidance please see NCSL’s Info Alert.

Separated into two sections – voluntary guidance and technical assistance to states – the new guidance focuses on SAE international levels of automation 3-5, clarifies that entities do not need to wait to test or deploy their ADS, revises design elements from the safety self-assessment, aligns federal guidance with the latest developments and terminology, and clarifies the role of federal and state governments. The guidance reinforces the voluntary nature of the guidelines and does not come with a compliance requirement or enforcement mechanism. The guidance attempts to provide best practices for legislatures, incorporating common safety-related components and elements regarding ADSs that states should consider incorporating into legislation. Additionally, it includes DOTs view of federal and state roles and provides best practices for state legislatures and best practices for highway safety officials.

NHTSA’s updated guidance comes on the heels of the Sept. 6, passage of the SELF Drive Act (H.R. 3388) that aims to make several changes to federal law impacting autonomous vehicles. NCSL, along with several state groups, issued letters as the bill made its way through the House. The bill includes four main sections: expansion of federal preemption; updates to federal motor vehicle safety standards (FMVSS); exemptions from FMVSS and a federal automated vehicles advisory council. For more information on the House bill, see NCSL’s Info Alert.

On Sep. 28, the Senate Commerce Committee Chairman John Thune (R-S.D.) and Senators Gary Peters (D-Mich.), Roy Blunt (R-Mo.), and Debbie Stabenow (D-Mich.) unveiled legislation regarding autonomous vehicles—the American Vision for Safer Transportation Through Advancement of Revolutionary Technologies (AV START) Act. The Commerce Committee will consider the legislation at a markup scheduled for Oct. 4. The AV START Act is similar to the House passed SELF DRIVE Act but does contain some significant differences. For more on the Senate bill, see NCSL's info alert.

In January 2016, U.S. Transportation Secretary Anthony Foxx unveiled new policy that updates the National Highway Traffic Safety Administration's (NHTSA) 2013 preliminary policy statement on autonomous vehicles. This announcement was made at the North American International Auto Show in Detroit in conjunction with a commitment of nearly $4 billion over the next 10 years to accelerate the development and adoption of safe vehicle automation. The new policy is designed to facilitate and encourage the development and deployment of technologies with the potential to save lives. Within six months, NHTSA will propose guidance to industry on establishing principles of safe operation for fully autonomous vehicles.

State Action

Nevada was the first state to authorize the operation of autonomous vehicles in 2011. Since then, 21 other states—Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Louisiana, Michigan, New York, North Carolina, North Dakota, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and Vermont—and Washington D.C. have passed legislation related to autonomous vehicles. Governors in Arizona, Delaware, Massachusetts, Washington and Wisconsin issued executive orders related to autonomous vehicles.

Florida’s legislation, passed in 2012, declared the legislative intent to encourage the safe development, testing and operation of motor vehicles with autonomous technology on public roads of the state and found that the state does not prohibit nor specifically regulate the testing or operation of autonomous technology in motor vehicles on public roads. Florida's 2016 legislation expands the allowed operation of autonomous vehicles on public roads and eliminates requirements related to the testing of autonomous vehicles and the presence of a driver in the vehicle.

Arizona’s Governor Doug Ducey signed an executive order in late August 2015 directing various agencies to “undertake any necessary steps to support the testing and operation of self-driving vehicles on public roads within Arizona.” He also ordered the enabling of pilot programs at selected universities and developed rules to be followed by the programs. The order established a Self-Driving Vehicle Oversight Committee within the governor’s office. On March 1m 2018, Governor Ducey added to the 2015 executive order with Executive Order 2018-04. The order includes updates to keep pace with emerging technology, including advancements toward fully autonomous vehicles, as well as requiring all automated driving systems to be in compliance with all federal and state safety standards.

Delaware's Governor John Carney signed an executive order in September 2017 establishing the Advisory Council on Connected and Autonomous Vehicles, tasked with developing recommendations for innovative tools and strategies that can be used to prepare Delaware’s transportation network for connected and autonomous vehicles.

Hawaii's Governor David Ige signed an executive order in November 2017 establishing a connected autonomous vehicles (CAV) contact in the governor's office and requires certain government agencies to work with companies to allow for self-driving vehicle testing in the state.

Idaho Governor C.L. "Butch" Otter signed Executive Order 2018-01 on January 2, 2018 to create the Autonomous and Connected Vehicle Testing and Deployment Committee to identify relevant state agencies to support the testing and deployment of autonomous and connected vehicles, discuss how best to administer the testing of autonomous and connected vehicles in relation to issues such as vehicle registration, licensing, insurance, traffic regulations, and vehicle owner or operator responsibilities and liabilities under current law, review existing state statutes and administrative rules and identify existing laws or rules that impede the testing and deployment of autonomous and connected vehicles on roads and identify strategic partnerships to leverage the social, economic, and environmental benefits of autonomous and connected vehicles. The committee must include two members of the Idaho Legislature, one appointed by the Speaker of the House and one appointed by the President Pro Tempore of the Senate.

Maine Governor Paul LePage signed Executive Order 2018-001 on January 17, 2018, creating the Maine Highly Automated Vehicles (HAV) Advisory Committee to oversee the beneficial introduction to Maine of Highly Automated Vehicle technologies, and assessing, developing and implementing recommendations regarding potential Pilot Projects initiated to advance these technologies. The committee shall evaluate and make recommendations regarding proposed HAV Pilot Projects and require interested parties to contact the committee and apply for a permit prior to operating pilot vehicles on public roadways in Maine.

Massachusetts Governor Charlie Baker signed an executive order in October 2016, “To Promote the Testing and Deployment of Highly Automated Driving Technologies.” The order created a working group on AVs and the group is expected to work with experts on vehicle safety and automation, work with members of the legislature on proposed legislation, and support agreements that AV companies will enter with the state DOT, municipalities and state agencies.

Minnesota Governor Mark Dayton issued Executive Order 18-04 on March 5, 2018, establishing a Governor's Advisory Council on Connected and Automated Vehicles to study, assess, and prepare for the transformation and opportunities associated with the widespread adoption of automated and connected vehicles. The advisory council must include one member from each party from each legislative chamber.

Ohio Governor John Kasich signed Executive Order 2018-01K on January 18, 2018. The order created DriveOhio to, in part, "bring together those who are responsible for building infrastructure in Ohio with those who are developing the advanced mobility technologies needed to allow our transportation system to reach its full potential by reducing serious and fatal crashes and improving traffic flow."

Washington’s Governor Jay Inslee signed an executive order in June 2017 to address autonomous vehicle testing and establish an autonomous vehicle workgroup. The order requires that state agencies with pertinent regulator jurisdiction “support the safe testing and operation of autonomous vehicles on Washington’s public roads.” It establishes an interagency workgroup and enables pilot programs throughout the state. The order specifies certain requirements for vehicles operated with human operators present in the vehicle and for vehicles operated without human operators in the vehicle.

Wisconsin’s Governor Scott Walker signed an executive order in May 2017 creating the Governor’s Steering Committee on Autonomous and Connected Vehicle Testing and Deployment. The committee is tasked with advising the governor “on how best to advance the testing and operation of autonomous and connected vehicles in the State of Wisconsin.” The order specifies the members of the committee, including six legislators from the state. The duties of the committee include 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. The state department of transportation is required to submit a final report to the governor by June 30, 2018.

Enacted Autonomous Vehicles Legislation
STATE	BILL NUMBER	RELEVANT PROVISIONS
Alabama	SB 125 (2018)	Defines a truck platoon as “A group of individual commercial trucks traveling in a unified manner at electronically coordinated speeds at following distances that are closer than would be reasonable and prudent without the electronic coordination.” The bill also exempts the trailing trucks in a truck platoon from the state’s following too closely provisions if the truck platoon is engaged in electronic brake coordination and any other requirement imposed by the Department of Transportation by rule.
Alabama	SJR 81 (2016)	Established the Joint Legislative Committee to study self-driving vehicles.
Arkansas	HB 1754 (2017)	Regulates the testing of vehicles with autonomous technology, relates to vehicles equipped with driver-assistive truck platooning systems.
California	SB 1298 (2012)	Requires the Department of the California Highway Patrol to adopt safety standards and performance requirements to ensure the safe operation and testing of autonomous vehicles, as defined, on the public roads in this state. Permits autonomous vehicles to be operated or tested on the public roads in this state pending the adoption of safety standards and performance requirements that would be adopted under this bill.
California	AB 1592 (2016)	Authorizes the Contra Costa Transportation Authority to conduct a pilot project for the testing of autonomous vehicles that are not equipped with a steering wheel, a brake pedal, an accelerator, or an operator inside the vehicle, if the testing is conducted only at specified locations and the autonomous vehicle operates at specified speeds.
California	AB 669 (2017)	Extends the sunset date of the law allowing the testing of vehicle platooning with less than 100 feet between each vehicle from January 2018 to January 2020. Prohibits someone from participating in the testing unless they hold a valid driver’s license for the class of vehicle.
California	AB 1444 (2017)	Authorizes the Livermore Amador Valley Transit Authority to conduct a shared autonomous vehicle demonstration project for the testing of autonomous vehicles that do not have a driver seat in the driver's seat and are not equipped with a steering wheel, a brake pedal, or an accelerator.
California	SB 145 (2017)	Repeals a requirement that the Department of Motor Vehicles notifies the Legislature of receipt of an application seeking approval to operate an autonomous vehicle capable of operating without the presence of a driver inside the vehicle on public roads. Repeals the requirement that the approval of such an application is not effective any sooner than a specified number of days after the date of the application.
Colorado	SB 213 (2017)	Defines automated driving system, dynamic driving task and human operator. Allows a person to use an automated driving system to drive or control a function of a motor vehicle if the system is capable of complying with every state and federal law that applies to the function that the system is operating. Requires approval for vehicle testing if the vehicle cannot comply with every relevant state and federal law. Requires the department of transportation to submit a report on the testing of automated driving systems.
Connecticut	SB 260 (2017)	Defines terms including “fully autonomous vehicle,” “automated driving system,” and “operator.” Requires the development of a pilot program for up to four municipalities for the testing of fully autonomous vehicles on public roads in those municipalities. Specifies the requirements for testing, including having an operator seated in the driver’s seat and providing proof of insurance of at least $5 million. Establishes a task force to study fully autonomous vehicles. The study must include an evaluation of NHTSA’s standards regarding state responsibility for regulating AVs, an evaluation of laws, legislation and regulations in other states, recommendations on how Connecticut should legislate and regulate AVs, and an evaluation of the pilot program.
Florida	HB 1207 (2012)	Defines “autonomous vehicle” and “autonomous technology.” Declares legislative intent to encourage the safe development, testing and operation of motor vehicles with autonomous technology on public roads of the state and finds that the state does not prohibit or specifically regulate the testing or operation of autonomous technology in motor vehicles on public roads. Authorizes a person who possesses a valid driver's license to operate an autonomous vehicle, specifying that the person who causes the vehicle’s autonomous technology to engage is the operator. Authorizes the operation of autonomous vehicles by certain persons for testing purposes under certain conditions and requires an instrument of insurance, surety bond or self-insurance prior to the testing of a vehicle. Directs the Department of Highway Safety and Motor Vehicles to prepare a report recommending additional legislative or regulatory action that may be required for the safe testing and operation of vehicles equipped with autonomous technology, to be submitted no later than Feb. 12, 2014.
Florida	HB 599 (2012)	The relevant portions of this bill are identical to the substitute version of HB 1207.
Florida	HB 7027 (2016)	Permits operation of autonomous vehicles on public roads by individuals with a valid driver license. This bill eliminates the requirement that the vehicle operation is being done for testing purposes and removes a number of provisions related to vehicle operation for testing purposes. Eliminates the requirement that a driver is present in the vehicle. Requires autonomous vehicles meet applicable federal safety standards and regulations.
Florida	HB 7061 (2016)	Defines autonomous technology and driver-assistive truck platooning technology. Requires a study on the use and safe operation of driver-assistive truck platooning technology and allows for a pilot project upon conclusion of the study.
Georgia	HB 472 (2017)	Specifies that the law prohibiting following too closely does not apply to the non-leading vehicle in a coordinated platoon. Defines coordinated platoon as a group of motor vehicles traveling in the same lane utilizing vehicle-to-vehicle communication technology to automatically coordinate the movement of the vehicles.
Georgia	SB 219 (2017)	Defines automated driving system, dynamic driving task, fully autonomous vehicle, minimal risk condition and operational design domain. Exempts a person operating an automated motor vehicle with the automated driving system engaged from the requirement to hold a driver's license. Specifies conditions that must be met for a vehicle to operate without a human driver present in the vehicle, including insurance and registration requirements.
Illinois	HB 791 (2017)	Preempts local authorities from enacting or enforcing ordinances that prohibit the use of vehicles equipped with Automated Driving Systems. Defines “automated driving system-equipped vehicle.”
Indiana	HB 1290 (2018)	Defines “Vehicle platoon" to mean a group of motor vehicles that are traveling in a unified manner under electronic coordination at speeds and following distances that are faster and closer than would be reasonable and prudent without electronic coordination. The bill clarifies vehicle platooning is exempt from the following too close provisions of three hundred feet. The bill also lays out an approval system for vehicle platooning in the state, including requiring the person or organization to file a plan for general vehicle platoon operations with the transportation commissioner.
Louisiana	HB 1143 (2016)	Defines "autonomous technology" for purposes of the Highway Regulatory Act.
Michigan	SB 995 (2016)	Allows for autonomous vehicles under certain conditions. Allows operation without a person in the autonomous vehicle. Specifies that the requirement that commercial vehicles maintain a minimum following distance of 500 feet does not apply to vehicles in a platoon.
Michigan	SB 996 (2016)	Allows for autonomous vehicles under certain conditions. Allows operation without a person in the autonomous vehicle.
Michigan	SB 997 (2016)	Defines automated driving system. Allows for the creation of mobility research centers where automated technology can be tested. Provides immunity for automated technology manufacturers when modifications are made without the manufacturer's consent.
Michigan	SB 998 (2016)	Exempts mechanics and repair shops from liability on fixing automated vehicles.
Michigan	SB 169 (2013)	Defines "automated technology," "automated vehicle," "automated mode," expressly permits testing of automated vehicles by certain parties under certain conditions, defines operator, addresses liability of the original manufacturer of a vehicle on which a third party has installed an automated system, directs state DOT with Secretary of State to submit report by Feb. 1, 2016.
Michigan	SB 663 (2013)	Limits liability of vehicle manufacturer or upfitter for damages in a product liability suit resulting from modifications made by a third party to an automated vehicle or automated vehicle technology under certain circumstances; relates to automated mode conversions.
Nevada	AB 511 (2011)	Authorizes operation of autonomous vehicles and a driver’s license endorsement for operators of autonomous vehicles. Defines “autonomous vehicle” and directs state Department of Motor Vehicles (DMV) to adopt rules for license endorsement and for operation, including insurance, safety standards and testing.
Nevada	SB 140 (2011)	Prohibits the use of cell phones or other handheld wireless communications devices while driving in certain circumstances, and makes it a crime to text or read data on a cellular phone while driving. Permits use of such devices for persons in a legally operating autonomous vehicle. These persons are deemed not to be operating a motor vehicle for the purposes of this law.
Nevada	SB 313 (2013)	Relates to autonomous vehicles. Requires an autonomous vehicle that is being tested on a highway to meet certain conditions relating to a human operator. Requires proof of insurance. Prohibits an autonomous vehicle from being registered in the state, or tested or operated on a highway within the state, unless it meets certain conditions. Provides that the manufacturer of a vehicle that has been converted to be an autonomous vehicle by a third party is immune from liability for certain injuries.
Nevada	AB 69 (2017)	Defines terms including “driver-assistive platooning technology,” “fully autonomous vehicle” and “automated driving system.” Allows the use of driver-assistive platooning technology on highways in the state. Preempts local regulation. Requires the reporting of any crashes to the department of motor vehicles within 10 days if the crash results in personal injury or property damage greater than $750. Allows a fine of up to $2,500 to be imposed for violations of laws and regulations relating to autonomous vehicles. Permits the operation of fully autonomous vehicles in the state without a human operator in the vehicle. Specifies that the original manufacturer is not liable for damages if a vehicle has been modified by an unauthorized third party. Allows the DMV to adopt certain regulations relating to autonomous vehicles. Defines “driver,” for purposes of an autonomous vehicle, to be the person who causes the automated driving system to engage. Specifies that the following distance requirement does not apply to a vehicle using platooning technology. Imposes an excise tax on the connection of a passenger to a fully autonomous vehicle for the purpose of providing transportation services. Specifies requirements for autonomous vehicle network companies, including a permitting requirement, prohibitions on discrimination, and addressing accessibility. Permits the use of autonomous vehicles by motor carriers and taxi companies if certain requirements are met.
New York	SB 2005 (2017)	Allows the commissioner of motor vehicles to approve autonomous vehicle tests and demonstrations. Requires supervision from the state police for testing. Specifies requirements for operation, including insurance of five million dollars. Defines autonomous vehicle technology and dynamic driving task. Requires a report on testing and demonstration.
North Carolina	HB 469 (2017)	Establishes regulations for the operation of fully autonomous motor vehicles on public highways of this state. Defines terms. Specifies that a driver’s license is not required for an AV operator. Requires an adult be in the vehicle if a person under 12 is in the vehicle. Preempts local regulation. Establishes the Fully Autonomous Vehicle Committee.
North Carolina	HB 716 (2017)	Modifies the follow-too-closely law to allow platooning.
North Dakota	HB 1065 (2015)	Provides for a study of autonomous vehicles. Includes research into the degree that automated motor vehicles could reduce traffic fatalities and crashes by reducing or eliminating driver error and the degree that automated motor vehicles could reduce congestion and improve fuel economy.
North Dakota	HB 1202 (2017)	Requires the department of transportation to study the use of vehicles equipped with automated driving systems on the highways in this state and the data or information stored or gathered by the use of those vehicles. Also requires that the study include a review of current laws dealing with licensing, registration, insurance, data ownership and use, and inspection and how they should apply to vehicles equipped with automated driving systems.
Pennsylvania	SB 1267 (2016)	Allows the use of allocated funds, up to $40,000,000, for intelligent transportation system applications, such as autonomous and connected vehicle-related technology, in addition to other specified uses.
South Carolina	HB 3289 (2017)	Specifies that minimum following distance laws for vehicles traveling along a highway does not apply to the operator of any non-leading vehicle traveling in a platoon.
Tennessee	SB 598 (2015)	Relates to motor vehicles. Prohibits local governments from banning the use of motor vehicles equipped with autonomous technology.
Tennessee	SB 2333 (2016)	Allows a motor vehicle to be operated, or to be equipped with, an integrated electronic display visible to the operator while the motor vehicle's autonomous technology is engaged.
Tennessee	SB 1561 (2016)	Redefines "autonomous technology" for purposes of preemption. Defines "driving mode" and "dynamic driving task."
Tennessee	SB 676 (2017)	Permits the operation of a platoon on streets and highways in the state after the person provides notification to the department of transportation and the department of safety.
Tennessee	SB 151 (2017)	Creates the “Automated Vehicles Act.” Defines a number of terms. Modifies laws related to unattended motor vehicles, child passenger restraint systems, seat belts, and crash reporting in order to address ADS-operated vehicles. Specifies that ADS-operated vehicles are exempt from licensing requirements. Permits ADS-operated vehicles on streets and highways in the state without a driver in the vehicle if it meets certain conditions. Preempts local regulation of ADS-operated vehicles. Specifies that the ADS shall be considered a driver for liability purposes when it is fully engaged and operated properly. Makes it a class A misdemeanor to operate a motor vehicle on public roads in the states without a human driver in the driver’s seat without meeting the requirements of this Act. Specifies that this Act only applies to vehicles in high or full automation mode.
Texas	HB 1791 (2017)	Allows the use of a connected braking system in order to maintain the appropriate distance between vehicles. Specifies that "connected braking system" means a system by which the braking of one vehicle is electronically coordinated with the braking system of following a vehicle.
Texas	SB 2205 (2017)	Defines a number of terms, including “automated driving system,” “automated motor vehicle,” “entire dynamic driving task” and “human operator.” Preempts local regulation of automated motor vehicles and automated driving systems. Specifies that the owner of an automated driving system is the operator of the vehicle when the system is engaged and the system is considered licensed to operate the vehicle. Allows an automated motor vehicle to operate in the state regardless of whether a human operator is present in the vehicle, as long as certain requirements are met.
Utah	HB 373 (2015)	Authorizes the Department of Transportation to conduct a connected vehicle technology testing program.
Utah	HB 280 (2016)	Requires a study related to autonomous vehicles, including evaluating NHTSA and AAMVA standards and best practices, evaluating appropriate safety features and regulatory strategies and developing recommendations.
Utah	SB 56 (2018)	This bill amended HB 373 of 2015 (see above) to define a “connected platooning system" to mean a system that uses vehicle-to-vehicle communication to electronically coordinate the speed and braking of a lead vehicle with the speed and braking of one or more following vehicles.
Virginia	HB 454 (2016)	Allows the viewing of a visual display while a vehicle is being operated autonomously.
Vermont	HB 494 (2017)	Requires the department of transportation convene a meeting of stakeholders with expertise on a range of topics related to automated vehicles. The secretary of transportation must report to the House and Senate committees on transportation regarding the meetings and any recommendations related automated vehicles, including proposed legislation.
Washington	HB 2970 (2018)	The Washington State Transportation Commission must convene an executive and legislative work group to develop policy recommendations to address the operation of autonomous vehicles on public roadways in the state.
Washington, D.C.	2012 DC B 19-0931	Defines "autonomous vehicle” as "a vehicle capable of navigating District roadways and interpreting traffic-control devices without a driver actively operating any of the vehicle’s control systems." Requires a human driver "prepared to take control of the autonomous vehicle at any moment." Restricts conversion to recent vehicles, and addresses the liability of the original manufacturer of a converted vehicle.