First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0130.01 Jery Payne x2157 SENATE BILL 13-016 SENATE SPONSORSHIP Brophy, HOUSE SPONSORSHIP (None), Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning the use of guidance systems to drive a motor vehicle. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill makes a legislative declaration and clarifies that a person may drive using a guidance system but requires the system to: Safely operate in conformity with traffic law; Have an override switch; Return control to the driver when the driver steers, brakes, or uses the override switch; Show the driver whether the system is engaged; Alert the driver and bring the motor vehicle to a stop unless the driver takes manual control upon detecting a system failure. A driver needs a license and insurance when using a guidance system. A driver may use a mobile phone, including text messaging, while using a guidance system. A driver of a motor truck or in a motorcade need not leave room for another vehicle to enter the space in front of the driver while using the guidance system. By August 30, 2018, the department of revenue and state patrol will give a report on guidance systems and make recommendations to the general assembly concerning the use of guidance systems. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly intends to encourage the adaptation and use of self-driving vehicles on our roadways. The general assembly finds that manufacturing self-driving vehicles will be accelerated when manufacturers are assured of protection from liability arising from operation of these vehicles. The general assembly further finds that safety and access to education and health care will be enhanced through the use of self-driving vehicles. (2) The general assembly encourages the Colorado state patrol to observe the safety of self-driving vehicles and to recommend to the general assembly safe ways of expanding use of self-driving vehicles in Colorado and potential changes to the motor vehicle code for self-driving vehicles. SECTION 2. In Colorado Revised Statutes, 42-1-102, amend (27); and add (26.5) as follows: 42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context otherwise requires: (26.5) "Drive" means to take physical control of a motor vehicle for the purpose of moving the motor vehicle to another place. (27) "Driver" means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a motor vehicle. SECTION 3. In Colorado Revised Statutes, 42-4-239, amend (4) as follows: 42-4-239. Misuse of a wireless telephone - definitions - penalty - preemption. (4) Subsection (2) or (3) of this section shall does not apply to a person who is using the wireless telephone: (a) To contact a public safety entity; or (b) During an emergency; or (c) While driving by means of a guidance system that complies with section 42-4-242 and that is in full control of the direction and speed of the motor vehicle. SECTION 4. In Colorado Revised Statutes, add 42-4-242 as follows: 42-4-242. Self-driving motor vehicles - guidance systems. (1) Authorization - standards. A person may use a guidance system to drive a motor vehicle, but a person shall not drive a motor vehicle by means of a guidance system unless the system: (a) Is capable of operating safely in conformity with traffic law; (b) Has an override switch that, when activated by the driver, immediately returns manual control to the driver; (c) Immediately returns manual control to the driver when the driver uses the brake, attempts to steer, or uses the override switch; (d) Has an indicator that is clearly visible to the driver and shows whether the system is engaged; (e) Is capable of detecting whether the driver is manually controlling the vehicle; and (f) Upon detecting a system failure, immediately alerts the driver and brings the motor vehicle to a stop unless the driver takes manual control. (2) License required - responsibility. (a) Nothing in this section authorizes a person to drive a motor vehicle by means of a guidance system without holding a valid driver's license or permit unless authorized by article 2 of this title. (b) The driver is responsible for any damage caused by a motor vehicle being driven by means of a guidance system to the same degree as if the driver were manually driving the motor vehicle. Nothing in this section authorizes a person to drive a motor vehicle without being financially responsible as required by this article. (3) Evaluation. By August 30, 2018, the department and the Colorado state patrol shall submit a joint report to the general assembly. The report must analyze the use of guidance systems to drive motor vehicles and make recommendations concerning any proposed legislation to the transportation legislation review committee created in section 43-2-145, C.R.S. SECTION 5. In Colorado Revised Statutes, 42-4-1008, amend (2) and (3) as follows: 42-4-1008. Following too closely. (2) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such the space without danger; except that this shall does not: (a) Prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle; or (b) Apply to a motor vehicle driven by means of a guidance system that complies with section 42-4-242 and that is in full control of the direction and speed of the motor vehicle. (3) The driver of a motor vehicles being driven upon any vehicle on a roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such the space without danger; except that this provision shall does not apply to: (a) Funeral processions; or (b) A motor vehicle driven by means of a guidance system that complies with section 42-4-242 and that is in full control of the direction and speed of the motor vehicle. SECTION 6. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.