Preemption of State laws requiring a human occupant in an automated driving systems-equipped commercial motor vehicle

(a) ADS-Equipped commercial motor vehicle operation (1) In general Subchapter III of chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following: 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.. (2) Clerical amendment The analysis for chapter 311 of title 49, United States Code, is amended by inserting after section 31139 the following: 31140. ADS-equipped commercial motor vehicle operation.. (b) Definitions Section 31132 of title 49, United States Code, is amended by adding at the end the following: (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..