An Act To Enact the Automated Driving Safety Act
Maine Legislature, Session 129, LD 1710
Committee: Transportation
Sponsors: McLEAN

Legislative Document
No. 1710
H.P. 1222
House of Representatives, May 9, 2019
An Act To Enact the Automated Driving Safety Act
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McLEAN of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA c. 25 is enacted to read:
CHAPTER 25
AUTOMATED DRIVING SAFETY ACT
§2701.  Short title
This chapter may be known and cited as "the Automated Driving Safety Act."
§2702.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Automated driving system.  "Automated driving system" means the hardware 
and software that provide the capability of an automated vehicle to perform the complete 
dynamic driving task on a sustained basis while engaged, regardless of whether the 
system is limited to a specific operational design domain.
2.  Automated vehicle.  "Automated vehicle" means a vehicle equipped with an 
automated driving system.
3.  Dynamic driving task.  "Dynamic driving task" means the real-time operational 
and tactical functions required to operate a vehicle in on-road traffic, including:
A.  Lateral vehicle motion control by way of steering;
B.  Longitudinal vehicle motion control by way of acceleration and deceleration;
C.  Monitoring the driving environment by way of object and event detection, 
recognition, classification and response preparation;
D.  Object and event response execution;
E.  Maneuver planning; and
F.  Enhancing conspicuity by way of lighting, signaling and gesturing.
"Dynamic driving task" does not include functions such as trip scheduling and selection 
of a destination or a waypoint.
4.  Operational design domain.  "Operational design domain" means the specific 
conditions under which a particular automated driving system is designed to function.
5.  Operator.  "Operator" means the person with active control over an automated 
vehicle.  If the automated driving system is not engaged, the operator is the individual 
who is in control of the automated vehicle. If the automated driving system is engaged, 
the operator is the provider.
6.  Provider.  "Provider" means an individual, organization or joint enterprise that 
controls an automated driving system for testing or deployment of an automated vehicle 
on a public way.  "Provider" includes an original equipment manufacturer, a multiple or 
final stage manufacturer, an individual, organization or joint enterprise that alters an 
automated vehicle prior to first retail sale or deployment of the vehicle or an individual, 
organization or joint enterprise that modifies an automated vehicle after first retail sale or 
deployment of the vehicle.
§2703.  Registration of automated vehicles
1.  Registration.  An automated vehicle must be registered pursuant to chapter 5.  
When the owner of a motor vehicle applies for registration under section 401, subsection 
2, or upon renewal of a registration of a motor vehicle, the Secretary of State shall 
determine and record whether the motor vehicle is an automated vehicle.  If the Secretary 
of State determines that the motor vehicle is an automated vehicle, the Secretary of State 
shall record on the registration the name of the provider as the operator of the automated 
vehicle while the automated driving system of the automated vehicle is engaged.
2.  Criteria for registration.  In addition to any other applicable requirements under 
chapter 5, the Secretary of State may not register an automated vehicle unless:
A.  The automated vehicle meets the federal motor vehicle safety standards for the 
automated vehicle's model and year and all other applicable safety standards and 
performance requirements established by federal and state statutory and regulatory 
provisions.  A certification by a provider licensed under section 2704 that an 
automated vehicle meets the requirements of this paragraph is prima facie evidence 
that the requirements are met; and
B.  The provider named as the operator of the automated vehicle while the automated 
driving system is engaged under subsection 1 is licensed under section 2704.
3.  Modification of automated vehicle.  Any modification to an automated vehicle 
or an automated vehicle's automated driving system invalidates a registration issued by 
the Secretary of State for that vehicle and prohibits the Secretary of State from issuing a 
registration for the automated vehicle unless the modification is:
A.  Required by law;
B.  Made on behalf of the automated vehicle's provider; or
C.  Permitted by rule of the Secretary of State.
4.  Determination of unsafe or unfit automated vehicle.  The Secretary of State by 
rule or by practice may decline to register or, with reasonable notice to the registrant, 
suspend, revoke or decline to renew a registration of an automated vehicle that the 
Secretary of State determines is unsafe, improperly equipped or otherwise unfit to be 
operated on a public way.  In making a determination under this subsection, the Secretary 
of State may consider or treat as conclusive a decision of the federal Department of 
Transportation, National Highway Traffic Safety Administration or the responsible 
agency in another jurisdiction to decline to register or restrict a registration of a make, 
model, kind or category of automated vehicle.
5.  No presumption of safety.  The issuance of a registration for an automated 
vehicle under this section does not create a presumption as to the safety of an automated 
vehicle or automated driving system and may not be interpreted to abrogate or amend any 
statutory or regulatory provisions or any aspects of the common law pertaining to liability 
for any damages or harm caused by an automated vehicle.
§2704.  Licensure of operators of automated vehicles
1.  License required.  An individual or provider may not operate on a public way an 
automated vehicle without a license issued by the Secretary of State under this 
subsection.
2.  License requirements.  The Secretary of State may not issue a license to operate 
an automated vehicle to an individual or provider unless:
A.  The provider certifies that the provider has not and will not offer, enter into or 
enforce a predispute arbitration agreement with a passenger, individual operator or 
other individual riding in, hailing or involved in a collision with an automated 
vehicle;
B.  The provider maintains and provides evidence of insurance covering damages for 
personal injury, death or property damage arising from the operation of the automated 
vehicle in the amount of at least $25,000,000 in the form of:
(1)  An instrument of insurance issued by an insurer with a valid certificate of 
authority issued by the Superintendent of Insurance under Title 24-A, section 
404;
(2)  A surety bond issued by an authorized surety insurer or an eligible surplus 
lines insurer; or
(3)  Proof of self-insurance in a form and manner determined by the Secretary of 
State; and
C.  The provider:
(1)  Consents that all matters arising from the operation of the automated vehicle 
be subject to the jurisdiction of the State;
(2)  Maintains a registered office and a registered agent in the State to accept 
service of process; and
(3)  Provides to the Secretary of State the name of the registered agent and 
address of the registered office.
3.  Determination of unsafe or unfit operator.  The Secretary of State by rule or by 
practice may decline to license or, with reasonable notice to the operator, suspend, revoke 
or decline to renew a license of an operator that the Secretary of State determines is 
unsafe or otherwise unfit to operate an automated vehicle on a public way.  In making a 
determination under this subsection, the Secretary of State may consider or treat as 
conclusive a decision of the federal Department of Transportation, National Highway 
Traffic Safety Administration or the responsible agency in another jurisdiction to decline 
to license or restrict a license of an operator.
4.  No presumption of safety.  The issuance of a license to a provider under this 
section does not create a presumption as to the safety of an automated vehicle or 
automated driving system and may not be interpreted to abrogate or amend any statutory 
or regulatory provisions or any aspects of the common law pertaining to liability for any 
damages or harm caused by an automated vehicle.
§2705.  Liability
1.  Individual as operator.  If an individual is operating an automated vehicle when 
the automated driving system is disengaged, that individual is the operator and is 
responsible for the operation of the automated vehicle and is liable for any infraction, 
offense or negligence resulting in personal injury, death or property damage that occurs 
during the operation.  If while operating an automated vehicle an individual operator 
engages the automated driving system or a safety system automatically engages without 
the input of the individual, the question of responsibility for the operation of the 
automated vehicle or liability for any subsequent infraction, offense or negligence 
resulting in personal injury, death or property damage caused by the engagement of the 
automated driving system or safety system is governed by applicable common or 
statutory law and determined by the totality of the evidence and circumstances regarding 
the infraction, offense or negligence.
2.  Provider as operator.  Except for the provisions of subsection 1, if the automated 
driving system is engaged while an automated vehicle is being operated, the provider is 
the operator and is responsible for the operation of the automated vehicle and is liable for 
any infraction, offense or negligence resulting in personal injury, death or property 
damage that occurs during the operation. A provider who is an operator has a duty to 
exercise due care and reasonable diligence in the proper operation of the automated 
vehicle.  A violation of a motor vehicle law or rule while a provider is the operator that 
results in personal injury, death or property damage is negligence per se by the provider.
3.  Accidents.  If an automated vehicle is involved in an accident while a provider is 
the operator, the provisions of section 2251 apply and the provider shall:
A.  Ensure that the automated vehicle remains at the scene of the accident;
B.  Pursuant to section 2251, subsection 2, immediately contact the appropriate law 
enforcement agency;
C.  Inform the law enforcement agency under paragraph B that the automated driving 
system was engaged at the time of the accident; and
D.  Transmit electronically or by the fastest means available the provider's financial 
responsibility information under section 2251, subsection 6.
4.  Supplemental to other laws.  This section is supplemental to and does not repeal, 
modify or preempt any liability that may arise under common or statutory law applicable 
to a vehicle manufacturer.
§2706.  Rules
The Secretary of State shall adopt rules to carry out the provisions of this chapter.  
Rules adopted pursuant to this section are routine technical rules as defined by Title 5, 
chapter 375, subchapter 2-A.
SUMMARY
This bill establishes the Automated Driving Safety Act, which provides standards for 
the registration of automated vehicles, the licensure of automated vehicle operators and 
the liability of the operators and providers of automated vehicles, including:
1. Defining a provider for an automated vehicle as an individual, organization or joint 
enterprise that controls an automated driving system of an automated vehicle for testing 
or deployment of the automated vehicle on a public way;
2. Requiring the Secretary of State to record on the automated vehicle's registration 
that the vehicle is an automated vehicle and the identity of the provider for the automated 
vehicle;
3. Requiring the Secretary of State to terminate the registration or refuse to register or 
renew a registration of an automated vehicle that has been modified or has had its 
automated driving system modified or that the Secretary of State determines is unsafe or 
unfit for operation on a public way;
4.  Providing that the automated vehicle has 2 operators, an individual operator when 
the automated driving system is not engaged and the provider as the operator when the 
automated driving system is engaged, and, under most instances, that the applicable 
operator is responsible for the proper operation of the automated vehicle and is liable for 
an infraction, offense or negligence resulting in bodily injury, death or property damage; 
and
5.  Requiring, if an automated vehicle is involved in an accident while the automated 
driving system is engaged, that pursuant to the provisions of law regarding motor vehicle 
accident reports, the automated vehicle not be moved and that the provider immediately 
contact the applicable law enforcement agency, inform the law enforcement agency that 
the automated driving system was engaged at the time of the accident and transmit 
electronically or by the fastest means available the financial responsibility information 
required for the vehicle.