SB-0995, As Passed House, November 10, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 995

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL

257.2b, 257.204a, 257.602b, 257.643, 257.643a, and 257.665),

sections 2b and 665 as added and section 602 as amended by 2013 PA

231 and section 204a as amended by 2004 PA 362, and by adding

sections 40c, 606b, and 665a; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2b. (1) "Automated driving system" means hardware and

software that are collectively capable of performing all aspects of

the dynamic driving task for a vehicle on a part-time or full-time

basis without any supervision by a human operator. As used in this

subsection, "dynamic driving task" means all of the following, but

does not include strategic aspects of a driving task, including,

but not limited to, determining destinations or waypoints:

     (a) Operational aspects, including, but not limited to,

steering, braking, accelerating, and monitoring the vehicle and the

roadway.

     (b) Tactical aspects, including, but not limited to,

responding to events, determining when to change lanes, turning,

using signals, and other related actions.

     (2) (1) "Automated motor vehicle" means a motor vehicle on

which an automated technology driving system has been installed,

either by a manufacturer of automated technology driving systems or

an upfitter that enables the motor vehicle to be operated without

any control or monitoring by a human operator. Automated motor

vehicle does not include a motor vehicle enabled with 1 or more

active safety systems or operator assistance systems, including,

but not limited to, a system to provide electronic blind spot

assistance, crash avoidance, emergency braking, parking assistance,

adaptive cruise control, lane-keeping assistance, lane departure

warning, or traffic jam and queuing assistance, unless 1 or more of

these technologies alone or in combination with other systems

enable the vehicle on which the technology is any active safety

systems or operator assistance systems are installed to operate

without any control or monitoring by an operator.

(3) (2) "Automated technology" means technology installed on a

motor vehicle that has the capability to assist, make decisions

for, or replace an a human operator.

     (3) "Automatic mode" means the mode of operating an automated

motor vehicle when automated technology is engaged to enable the

motor vehicle to operate without any control or monitoring by an

operator.

     (4) "Automatic crash notification technology" means a vehicle

service that integrates wireless communications and vehicle

location technology to determine the need for or to facilitate

emergency medical response in the event of a vehicle crash.

(5) (4) "Manufacturer of automated technology" driving

systems" means a manufacturer or subcomponent system producer

recognized by the secretary of state that develops or produces

automated technology driving systems or automated vehicles.

     (6) "Mobility research center" means a nonprofit entity that

has the ability to receive and accept from any federal, state, or

municipal agency, foundation, public or private agency, entity, or

individual a grant, contribution, or loan for or in aid of the

planning, construction, operation, upgrade, or financing of a

facility for testing advanced transportation systems, including,

but not limited to, connected or automated technology or automated

motor vehicles to increase mobility options.

     (7) "Motor vehicle manufacturer" means a person that has

manufactured and distributed motor vehicles in the United States

that are certified to comply with all applicable federal motor

vehicle safety standards and that has submitted appropriate

manufacturer identification information to the National Highway

Traffic Safety Administration as provided in 49 CFR part 566. As

used in this section, section 665a, and section 665b only, motor

vehicle manufacturer also includes a person that satisfies all of

the following:

     (a) The person has manufactured automated motor vehicles in

the United States that are certified to comply with all applicable

federal motor vehicle safety standards.

     (b) The person has operated automated motor vehicles using a

test driver and with an automated driving system engaged on public

roads in the United States for at least 1,000,000 miles.

     (c) The person has obtained an instrument of insurance, surety

bond, or proof of self-insurance in the amount of at least

$10,000,000.00, and has provided evidence of that insurance, surety

bond, or self-insurance to the department in a form and manner

required by the department.

     (8) "On-demand automated motor vehicle network" means a

digital network or software application used to connect passengers

to automated motor vehicles, not including commercial motor

vehicles, in participating fleets for transportation between points

chosen by passengers, for transportation between locations chosen

by the passenger when the automated motor vehicle is operated by

the automated driving system.

     (9) "Participating fleet" means any of the following:

     (a) Vehicles that are equipped with automated driving systems

that are operating on the public roads and highways of this state

in a SAVE project as provided in section 665b.

     (b) Vehicles that are supplied or controlled by a motor

vehicle manufacturer, and that are equipped with automated driving

systems that are operating on the public roads and highways of this

state in an on-demand automated motor vehicle network.

     (10) "SAVE project" means an initiative that authorizes

eligible motor vehicle manufacturers to make available to the

public on-demand automated motor vehicle networks as provided in

section 665b.

(11) (5) "Upfitter" means a person that modifies a motor

vehicle after it was manufactured by installing an automated

technology driving system in that motor vehicle to convert it to an

automated motor vehicle. Upfitter includes a subcomponent system

producer recognized by the secretary of state that develops or

produces automated technology.driving systems.

     Sec. 40c. "Platoon" means a group of individual motor vehicles

that are traveling in a unified manner at electronically

coordinated speeds.

     Sec. 204a. (1) The secretary of state shall create and

maintain a computerized central file that provides an individual

historical driving record for a natural person with respect to all

of the following:

     (a) A license issued to the person under chapter 3. III.

     (b) A conviction, civil infraction determination, or other

licensing action that is entered against the person for a violation

of this act or a local ordinance substantially corresponding to a

provision of this act, or that is reported to the secretary of

state by another jurisdiction.

     (c) A failure of the person, including a nonresident, to

comply with a suspension issued pursuant to section 321a.

     (d) A cancellation, denial, revocation, suspension, or

restriction of the person's operating privilege, a failure to pay a

department of state driver responsibility fee, or other licensing

action regarding that person, under this act or that is reported to

the secretary of state by another jurisdiction. This subdivision

also applies to nonresidents.

     (e) An accident in which the person is involved.

     (f) A conviction of the person for an offense described in

section 319e.

     (g) Any driving record requested and received by the secretary

of state under section 307.

     (h) Any notice given by the secretary of state and the

information provided in that notice under section 317(3) or (4).

     (i) Any other information received by the secretary of state

regarding the person that is required to be maintained as part of

the person's driving record as provided by law.

     (2) A secretary of state certified computer-generated or paper

copy of an order, record, or paper maintained in the computerized

central file of the secretary of state is admissible in evidence in

the same manner as the original and is prima facie proof of the

contents of and the facts stated in the original.

     (3) An order, record, or paper generated by the computerized

central file of the secretary of state may be certified

electronically by the generating computer. The certification shall

be a certification of the order, record, or paper as it appeared on

a specific date.

     (4) A court or the office of the clerk of a court of this

state which is electronically connected by a terminal device to the

computerized central file of the secretary of state may receive

into and use as evidence in any case the computer-generated

certified information obtained by the terminal device from the

file. A duly authorized employee of a court of record of this state

may order a record for an individual from a secretary of state

computer terminal device located in, and under the control of, the

court, and certify in writing that the document was produced from

the terminal and that the document was not altered in any way.

     (5) After receiving a request for information contained in

records maintained under this section, the secretary of state shall

provide the information, in a form prescribed by the secretary of

state, to any of the following:

     (a) Another state.

     (b) The United States secretary of transportation.

     (c) The person who is the subject of the record.

     (d) A motor carrier employer or prospective motor carrier

employer, but only if the person who is the subject of the record

is first notified of the request as prescribed by the secretary of

state.

     (e) An authorized agent of a person or entity listed in

subdivisions (a) to (d).

     Sec. 602b. (1) Except as otherwise provided in this section, a

person shall not read, manually type, or send a text message on a

wireless 2-way communication device that is located in the person's

hand or in the person's lap, including a wireless telephone used in

cellular telephone service or personal communication service, while

operating a motor vehicle that is moving on a highway or street in

this state. As used in this subsection, a wireless 2-way

communication device does not include a global positioning or

navigation system that is affixed to the motor vehicle. Beginning

October 28, 2013, this This subsection does not apply to a person

operating a commercial vehicle.

     (2) Except as otherwise provided in this section, a person

shall not read, manually type, or send a text message on a wireless

2-way communication device that is located in the person's hand or

in the person's lap, including a wireless telephone used in

cellular telephone service or personal communication service, while

operating a commercial motor vehicle or a school bus on a highway

or street in this state. As used in this subsection, a wireless 2-

way communication device does not include a global positioning or

navigation system that is affixed to the commercial motor vehicle

or school bus. This subsection applies beginning October 28, 2013.

     (3) Except as otherwise provided in this section, a person

shall not use a hand-held mobile telephone to conduct a voice

communication while operating a commercial motor vehicle or a

school bus on a highway, including while temporarily stationary due

to traffic, a traffic control device, or other momentary delays.

This subsection does not apply if the operator of the commercial

vehicle or school bus has moved the vehicle to the side of, or off,

a highway and has stopped in a location where the vehicle can

safely remain stationary. As used in this subsection, "mobile

telephone" does not include a 2-way radio service or citizens band

radio service. This subsection applies beginning October 28, 2013.

As used in this subsection, "use a hand-held mobile telephone"

means 1 or more of the following:

     (a) Using at least 1 hand to hold a mobile telephone to

conduct a voice communication.

     (b) Dialing or answering a mobile telephone by pressing more

than a single button.

     (c) Reaching for a mobile telephone in a manner that requires

a driver to maneuver so that he or she is no longer in a seated

driving position, restrained by a seat belt that is installed as

required by 49 CFR 393.93 and adjusted in accordance with the

vehicle manufacturer's instructions.

     (4) Subsections (1), (2), and (3) do not apply to an

individual who is using a device described in subsection (1) or (3)

to do any of the following:

     (a) Report a traffic accident, medical emergency, or serious

road hazard.

     (b) Report a situation in which the person believes his or her

personal safety is in jeopardy.

     (c) Report or avert the perpetration or potential perpetration

of a criminal act against the individual or another person.

     (d) Carry out official duties as a police officer, law

enforcement official, member of a paid or volunteer fire

department, or operator of an emergency vehicle.

     (e) Operate or program the operation of an automated motor

vehicle while testing or operating the automated motor vehicle in

compliance with section 665, if that automated motor vehicle

displays a special plate issued under section 224(3) in the manner

required under section 225.without a human operator.

     (5) Subsection (1) does not apply to a person using an on-

Senate Bill No. 995 as amended November 9, 2016

demand automated motor vehicle network.

(6) (5) An individual who violates this section is responsible

for a civil infraction and shall be ordered to pay a civil fine as

follows:

     (a) For a first violation, $100.00.

     (b) For a second or subsequent violation, $200.00.

(7) (6) This section supersedes all local ordinances

regulating the use of a communications device while operating a

motor vehicle in motion on a highway or street, except that a unit

of local government may adopt an ordinance or enforce an existing

ordinance substantially corresponding to this section.

     Sec. 606b. (1) As provided in this act, an on-demand automated

motor vehicle network may be operated on a highway, road, or street

in this state.

     (2) A local unit of government shall not impose a local fee,

registration, franchise, or regulation upon an on-demand automated

motor vehicle network. This subsection does not apply after

December 31, 2022. Nothing in this section limits local [authority,] or

state

authority over roads and rights-of-way[,] with respect to

communications networks or facilities.

     Sec. 643. (1) The driver operator of a motor vehicle shall not

follow another vehicle more closely than is reasonable and prudent,

having due regard for the speed of the vehicles and the traffic

upon , and the condition of , the highway.

     (2) A Except as provided in subsection (4), a person shall not

operate a motor vehicle with a gross weight, loaded or unloaded, in

excess of 5,000 pounds outside the corporate limits of a city or

village, within 500 feet of a like vehicle described in this

subsection, moving in the same direction, except when overtaking

and passing the vehicle.

     (3) A Except as provided in subsection (4), a distance of not

less than 500 feet shall be maintained between 2 or more driven

vehicles being delivered from 1 place to another.

     (4) Subsections (2) and (3) do not apply to a vehicle in a

platoon.

(5) (4) A person who violates this section is responsible for

a civil infraction.

     Sec. 643a. (1) The driver operator of a truck or truck

tractor, when traveling upon a highway outside of a business or

residence district, when conditions permit, shall leave sufficient

space between the vehicle and another truck or truck tractor so

that an overtaking vehicle may enter and occupy the space without

danger. , except that this shall This subsection does not prevent

the driver operator of a truck or truck tractor from overtaking and

passing another truck, truck tractor, or other vehicle in a lawful

manner.

     (2) When traveling upon a highway, the operator of a truck or

truck tractor that is in a platoon shall allow reasonable access

for other vehicles to afford those vehicles safe movement among

lanes to exit or enter the highway.

(3) (2) A person who violates this section is responsible for

a civil infraction.

     Sec. 665. (1) Before beginning research or testing on a

highway or street in this state of an automated motor vehicle,

technology that allows a motor vehicle to operate without a human

operator, or any automated technology driving system installed in a

motor vehicle under this section, the manufacturer of automated

technology driving systems or upfitter performing that research or

testing shall submit proof satisfactory to the secretary of state

that the vehicle is insured under chapter 31 of the insurance code

of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

     (2) A manufacturer of automated technology driving systems or

upfitter shall ensure that all of the following circumstances exist

when researching or testing the operation, including operation

without a human operator, of an automated motor vehicle or any

automated technology or automated driving system installed in a

motor vehicle upon a highway or street:

     (a) The vehicle is operated only by an employee, contractor,

or other person designated or otherwise authorized by that

manufacturer of automated technology.driving systems or upfitter.

This subdivision does not apply to a university researcher or an

employee of the state transportation department or the department

described in subsection (3).

     (b) An individual is present in the vehicle while it is being

operated on a highway or street of this state and that individual

described in subdivision (a) has the ability to monitor the

vehicle's performance while it is being operated on a highway or

street in this state and, if necessary, immediately promptly take

control of the vehicle's movements. If the individual does not, or

is unable to, take control of the vehicle, the vehicle shall be

capable of achieving a minimal risk condition.

     (c) The individual operating the vehicle under subdivision (a)

and the individual who is present in monitoring the vehicle for

purposes of subdivision (b) are licensed to may lawfully operate a

motor vehicle in the United States.

     (3) No later than February 1, 2016, the state transportation

department in consultation with the secretary of state and experts

from various sizes of automobile manufacturing and automated

technology manufacturing industries shall submit a report to the

senate standing committees on transportation and economic

development and to the house of representatives standing committees

on transportation and commerce recommending any additional

legislative or regulatory action that may be necessary for the

continued safe testing of automated motor vehicles and automated

technology installed in motor vehicles.

     (3) A university researcher or an employee of the state

transportation department or the department who is engaged in

research or testing of automated motor vehicles may operate an

automated motor vehicle if the operation is in compliance with

subsection (2).

     (4) An automated motor vehicle may be operated on a street or

highway in this state.

     (5) When engaged, an automated driving system allowing for

operation without a human operator shall be considered the driver

or operator of a vehicle for purposes of determining conformance to

any applicable traffic or motor vehicle laws and shall be deemed to

satisfy electronically all physical acts required by a driver or

operator of the vehicle.

     (6) The Michigan council on future mobility is created within

the state transportation department. The council shall provide to

the governor, legislature, department, state transportation

department, department of insurance and financial services,

department of technology, management, and budget, and department of

state police recommendations for changes in state policy to ensure

that this state continues to be the world leader in autonomous,

driverless, and connected vehicle technology. The council created

under this subsection shall consist of all of the following

members, who shall serve without compensation:

     (a) Eleven individuals appointed by the governor who represent

the interests of local government or are business, policy,

research, or technological leaders in future mobility. The

individuals appointed under this subdivision shall be voting

members.

     (b) One individual appointed by the governor who is

representative of insurance interests. The individual appointed

under this subdivision shall be a voting member.

     (c) Two state senators appointed by the senate majority leader

to serve as nonvoting ex officio members. One of the senators

appointed under this subdivision shall be a member of the majority

party, and 1 of the senators appointed under this subdivision shall

be a member of the minority party.

     (d) Two state representatives appointed by the speaker of the

house of representatives to serve as nonvoting ex officio members.

One of the representatives appointed under this subdivision shall

be a member of the majority party, and 1 of the representatives

appointed under this subdivision shall be a member of the minority

party.

     (e) The secretary of state or his or her designee. The

individual appointed under this subdivision shall be a voting

member.

     (f) The director of the state transportation department or his

or her designee. The individual appointed under this subdivision

shall be a voting member.

     (g) The director of the department of state police or his or

her designee. The individual appointed under this subdivision shall

be a voting member.

(h) The director of the department of insurance and financial

services or his or her designee. The individual appointed under

this subdivision shall be a voting member.

     (i) The director of the department of technology, management,

and budget or his or her designee. The individual appointed under

this subdivision shall be a voting member.

     (7) The governor shall designate 1 or more of the members of

the commission to serve as chairperson of the commission who shall

serve at the governor's pleasure.

     (8) The council created under subsection (6) shall submit

recommendations for statewide policy changes and updates no later

than March 31, 2017 and shall continue to make recommendations

annually thereafter, or more frequently in the commission's

discretion.

     (9) A person may operate a platoon on a street or highway of

this state if the person files a plan for general platoon

operations with the department of state police and the state

transportation department before starting platoon operations. If

the plan is not rejected by either the department of state police

or the state transportation department within 30 days after receipt

of the plan, the person shall be allowed to operate the platoon.

     (10) All of the following apply to a platoon:

     (a) Vehicles in a platoon shall not be considered a

combination of vehicles for purposes of this act.

     (b) The lead vehicle in a platoon shall not be considered to

draw the other vehicles.

     (c) If the platoon includes a commercial motor vehicle, an

appropriately endorsed driver who holds a valid commercial driver

license shall be present behind the wheel of each commercial motor

vehicle in the platoon.

     Sec. 665a. A manufacturer of automated driving technology, an

automated driving system, or a motor vehicle is immune from

liability that arises out of any modification made to a motor

vehicle, an automated motor vehicle, an automated driving system,

or automated driving technology by another person without the

manufacturer's consent, as provided in section 2949b of the revised

judicature act of 1961, 1961 PA 236, MCL 600.2949b. Nothing in this

section supersedes or otherwise affects the contractual

obligations, if any, between a motor vehicle manufacturer and a

manufacturer of automated driving systems or a manufacturer of

automated driving technology.

     Enacting section 1. Section 663 of the Michigan vehicle code,

1949 PA 300, MCL 257.663, is repealed.