Article 29 - Autonomous vehicles
Current through the end of the 2022 legislative session
8-2901 Definitions
8-2902 Driverless-capable vehicle operation; conditions.
8-2903 ADS-equipped vehicles; insurance required.
8-2904 ADS-equipped vehicles; accidents; requirements.
8-2905 On-demand driverless-capable vehicle networks; requirements.
8-2906 Automated driving systems and ADS-equipped vehicles; laws applicable.
8-2907 Driverless-capable vehicles; registration and title.
8-2908 Driverless-capable commercial vehicle; laws applicable.
8-2909 Driverless-capable vehicles; Application of Uniform Act Regulating Traffic.
8-2910 Driverless-capable vehicles; application of motor vehicle equipment laws and regulations.
As used in K.S.A. 2021 Supp. 8-2901 through 8-2910, and amendments thereto, unless the context otherwise requires:
(a) "ADS-equipped vehicle" means a motor vehicle equipped with an automated driving system.
(b) "Automated driving system" means the hardware and software collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the system is limited to a specific operational design domain, if any.
(c) "Conventional human driver" means a natural person who manually controls the in-vehicle accelerating, braking, steering and transmission gear selection input devices in order to operate a motor vehicle.
(d) "Driverless-capable vehicle" means an ADS-equipped vehicle capable of performing the entire dynamic driving task within the automated driving system's operational design domain, if any, including, but not limited to, achievement of a minimal risk condition without intervention or supervision by a conventional human driver.
(e) (1) "Dynamic driving task" means all real-time operational and tactical functions required to operate a motor vehicle on a highway in traffic within an automated driving system's specific operational design domain, if any.
(2) "Dynamic driving task" does not include any strategic function such as trip scheduling or the selection of destinations and waypoints.
(f) "Minimal risk condition" means a reasonably safe state to which an automated driving system brings an ADS-equipped vehicle upon experiencing a performance-relevant failure of the system that renders the system unable to perform the entire dynamic driving task, including, but not limited to, removing the vehicle to the nearest shoulder if the vehicle is capable of doing so, bringing the vehicle to a complete stop and activating the vehicle's emergency signal lamps.
(g) "On-demand driverless-capable vehicle network" means a transportation network company as defined in K.S.A. 8-2702, and amendments thereto, that uses a software application or other digital means to dispatch driverless-capable vehicles for the purposes of transporting persons or goods, including, but not limited to, transportation for hire and public transportation.
(h) "Operational design domain" means a set of operating conditions under which a given automated driving system feature is specifically designed to function. "Operational design domain" includes, but is not limited to, environmental, geographical and time-of-day restrictions or the requisite presence or absence of certain traffic or roadway characteristics.
(i) "Transportation for hire" means all transportation of property or passengers made available by a person for compensation.
History: L. 2022, ch. 93, § 1; July 1.
8-2902. Driverless-capable vehicle operation; conditions.
(a) A driverless-capable vehicle may operate on the public highways of this state without a conventional human driver with the automated driving system engaged if the vehicle meets all of the following conditions:
(1) The vehicle is capable of achieving a minimal risk condition if a malfunction of the automated driving system occurs that renders the system unable to perform the entire dynamic driving task within the system's intended operational design domain, if any;
(2) while in driverless operation, the vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task;
(3) when required by federal law, the vehicle bears the required manufacturer's certification label indicating that at the time of manufacture the vehicle has been certified to be in compliance with all applicable federal motor vehicle safety standards, including any reference to any exception granted by the national highway traffic safety administration; and
(4) the driverless-capable vehicle cannot exceed 34,000 pounds on tandem axles. The provisions of this paragraph shall expire and have no effect on and after July 1, 2025; and
(5) a conventional human driver shall be required to be physically present in every driverless-capable vehicle placed into service in Kansas for the 12 consecutive months from the date that such entity places a driverless-capable vehicle into service in this state. The provisions of this paragraph shall not apply to a person who operates a:
(A) Vehicle that is not designed, intended or marketed for human occupancy; or
(B) dedicated driverless-capable vehicle that lacks manual controls for operation by a conventional human driver.
(b) Prior to operating a driverless-capable vehicle on the public roads of this state without a conventional human driver, the owner of such driverless-capable vehicle shall submit a law enforcement interaction plan to the Kansas highway patrol that describes:
(1) How to communicate with a fleet support specialist who is available during the times the vehicle is in operation, and on which side of the vehicle contact information of the fleet support specialist is readily visible;
(2) information regarding safety considerations for first responders in dealing with a driverless-capable vehicle as the result of collision or fire;
(3) how to recognize whether the driverless-capable vehicle is in autonomous mode; and
(4) any additional information the manufacturer or owner deems necessary regarding hazardous conditions or public safety risks associated with the operation of the driverless-capable vehicle.
(c) (1) The operation of an ADS-equipped vehicle capable of performing the entire dynamic driving task within the automated driving system's operational design domain on the public highways of this state while a conventional human driver is present and expected to respond to a request to intervene, shall be lawful. During such operation, the conventional human driver shall possess a valid driver's license pursuant to K.S.A. 8-234b, and amendments thereto, and shall be subject to the required insurance, self-insurance or other financial security required pursuant to K.S.A. 40-3104, and amendments thereto. The conventional human driver shall operate the ADS-equipped vehicle according to the manufacturer's requirements and specifications and shall regain manual control of the vehicle when prompted by the automated driving system.
(2) An automated driving system, while engaged, shall be designed to operate within the system's operational design domain in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state that govern the performance of the dynamic driving task.
(d) Except as provided in this section, the motor vehicle laws of this state shall not be construed to require a conventional human driver to operate a driverless-capable vehicle that is being operated by an automated driving system. The automated driving system, while engaged, shall be deemed to fulfill any physical acts required of a conventional human driver to perform the dynamic driving task.
(e) Sections 1 through 10 [of 2022 SB 313], and amendments thereto, shall not be construed to modify the responsibilities of a conventional human driver that operates a system-equipped vehicle when the automated driving system is not engaged.
History: L. 2022, ch. 93, § 2; July 1.
8-2903. ADS-equipped vehicles; insurance required.
Before an ADS-equipped vehicle is allowed to operate on the public highways of this state, the owner shall obtain insurance, self-insurance or other financial security coverage for the vehicle. An ADS-equipped vehicle shall not operate on the highways of this state unless insurance, self-insurance or other financial security coverage is in effect for the vehicle and unless proof of coverage is carried in the vehicle pursuant K.S.A. 40-3104, and amendments thereto
History: L. 2022, ch. 93, § 3; July 1.
8-2904. ADS-equipped vehicles; accidents; requirements.
In the event of an accident that would otherwise be subject to K.S.A. 8-1602 through 8-1606 and 8-1609, and amendments thereto, such provisions shall not apply to a driverless-capable vehicle operating without a conventional human driver if the vehicle remains at the scene or in the immediate vicinity of the accident until law enforcement arrives or vehicle registration and insurance information is provided to the parties affected by the accident, and either:
(a) The vehicle owner, or a person acting on behalf of the vehicle owner, promptly contacts the applicable law enforcement agency to report the accident; or
(b) for a vehicle that has the capability of promptly alerting a law enforcement agency or emergency services, the vehicle alerts a law enforcement agency or emergency services to the accident
History: L. 2022, ch. 93, § 4; July 1.
8-2905. On-demand driverless-capable vehicle networks; requirements.
A person may operate an on-demand driverless-capable vehicle network, with the exception that any provision of K.S.A. 8-2701 et seq., and amendments thereto, that only applies to a conventional human driver would not apply to the operation of a driverless-capable vehicle with the automated driving system engaged on an on-demand driverless-capable vehicle network. An on-demand driverless-capable vehicle network may be used to facilitate the transportation of persons or goods, including, but not limited to, transportation for hire and public transportation. An on-demand driverless-capable vehicle network may connect passengers to driverless-capable vehicles either exclusively or as part of a digital network that also connects passengers to conventional human drivers who provide transportation services, pursuant to K.S.A. 8-2701 et seq., and amendments thereto, or any other applicable laws, in vehicles that are not driverless-capable vehicles.
History: L. 2022, ch. 93, § 5; July 1.
8-2906. Automated driving systems and ADS-equipped vehicles; laws applicable.
(a) (1) Automated driving systems and ADS-equipped vehicles shall be governed by:
(A) K.S.A. 2021 Supp. 8-2901 through 8-2910, and amendments thereto; and
(B) all applicable traffic and motor vehicle safety laws.
(2) Automated driving systems and ADS-equipped vehicles shall be regulated exclusively by the Kansas highway patrol. Violations of state and local traffic laws are enforceable as if the vehicle has a licensed human driver on board.
(3) The superintendent of the highway patrol may adopt such rules and regulations necessary to carry out the provisions of K.S.A. 2021 Supp. 8-2901 through 8-2910, and amendments thereto.
(b) A political subdivision of the state shall not impose requirements, including, but not limited to, performance standards specific to the operation of ADS-equipped vehicles, automated driving systems or on-demand driverless-capable vehicle networks that are in addition to the requirements set forth pursuant to K.S.A. 2021 Supp. 8-2901 through 8-2910, and amendments thereto. A political subdivision of the state shall not impose a tax on ADS-equipped vehicles, automated driving systems or on-demand driverless-capable vehicle networks if such tax relates specifically to the operation of ADS-equipped vehicles, automated driving systems or on-demand driverless-capable vehicle networks.
History: L. 2022, ch. 93, § 6; July 1.
8-2907. Driverless-capable vehicles; registration and title.
(a) A driverless-capable vehicle shall be properly registered in accordance with K.S.A. 8-127, and amendments thereto. If a driverless-capable vehicle is registered in this state, the vehicle shall be identified on the registration as a fully autonomous vehicle.
(b) A driverless-capable vehicle shall be properly titled in accordance with K.S.A. 8-135, and amendments thereto. If a driverless-capable vehicle is titled in this state, the vehicle shall be identified on the title as a driverless-capable vehicle.
History: L. 2022, ch. 93, § 7; July 1.
8-2908. Driverless-capable commercial vehicle; laws applicable.
A driverless-capable vehicle that is also a commercial motor vehicle pursuant to K.S.A. 8-143m, and amendments thereto, may operate pursuant to state laws governing the operation of commercial motor vehicles, except that:
(a) Any provision that reasonably only applies to a conventional human driver does not apply to such a vehicle operating with the automated driving system engaged; and
(b) such a vehicle shall not carry hazardous materials as defined in K.S.A. 48-904, and amendments thereto. The provisions of this subsection do not apply to transporting articles and substances prepared in accordance with 49 C.F.R. § 172.315 or that otherwise do not require placarding pursuant to the federal hazardous materials regulations provided in 49 C.F.R. parts 100 through 110. The provision of this subsection shall expire on January 1, 2025.
History: L. 2022, ch. 93, § 8; July 1.
8-2909. Driverless-capable vehicles; Application of Uniform Act Regulating Traffic.
The uniform act regulating traffic on highways, to the extent practicable, shall be interpreted and applied for the use of a driverless-capable vehicle. Such provisions shall not require any additional provisions, including, but not limited to, operation by a conventional human driver seated in the vehicle.
History: L. 2022, ch. 93, § 9; July 1.
8-2910. Driverless-capable vehicles; application of motor vehicle equipment laws and regulations.
A driverless-capable vehicle that is designed to be operated exclusively by the automated driving system for all trips is not subject to motor vehicle equipment laws or regulations of this state that:
(1) Support motor vehicle operation by a conventional human driver seated in the vehicle, including, but not limited to, mirrors, windshields and windshield wipers; and
(2) are not relevant for an automated driving system.
History: L. 2022, ch. 93, § 10; July 1.