This slowdown did not mean inaction. In the last year, two types of state laws have become popular: those mandating AV studies and those allowing for truck platooning. Please note that the source for most the provisions discussed below is the set of links from the National Conference of State Legislatures (NCSL) webpage that houses a list of enacted state laws dealing with autonomous vehicles, and some independent research.
I have no idea how much trucking trade associations and companies are paying for lobbying at the federal level, but they have quietly infiltrated state legislatures and, without fanfare, accomplished the passage of platooning bills in many states.
There are a few exceptions in terms of topics among the 2018 and 2019 statutes, which are explained below.
Another reason for a slowdown and look around among state legislators is the anticipation that the US Congress will act and that it needs to act. There is limited authority to among states to regulate vehicles anyway. What I find most interesting in the passage of recent state laws is the diversity among the "Let's study this" laws as to what is actually being pondered and examined.
Study and report
Maine requires state government agency participation related to aging and people with disabilities, and participation of a non-profit transit provider.
New York requires that its second annual AV report, in 2019, be from the Commissioner of Motor Vehicles.
Oregon's task force is mandated to include representatives from transit, the taxi industry, and transportation unions, as well as the usual AV, cybersecurity, and insurance industry representation, among others. The study topics go beyond those routinely mentioned in such legislation, with land use, transit, and infrastructure design among the specified long-term topics.
Pennsylvania requires transit participation and either pedestrian or biking participation on its advisory committee.
Washington State has created a work group that is tasked with reporting annually and which is set to expire in 2023. The work group is made up solely of state officials and legislators. The net that the work group is required to cast is broad in that it includes examination of AV social impacts, among other topics, and the task force is legislatively mandated to engage stakeholders and the public.
Washington, District of Columbia (DC) has an impossible legislative search system, so I did a Google search for the name of the legislation. The legislative text (link gives you a Word document) authorizes an expansive AV study, but it does not restrict or discuss who specifically (or their designees) will serve on any committee to research and consider AV laws, regulations, and possible impacts. The District Department of Transportation (DDOT) is required to produce a study that will be made publicly available by July 1, 2019. The DDOT study must consider many of the usual AV study topics, as well as public space and public health, safety of pedestrians and bicyclists, various transportation modes - "including mass transit, shared-use vehicles, and public and private vehicles-for-hire" - and the "impact on the District's disability community."
Platooning
Alabama allows for truck platooning, offers a definition, and authorizes its state Department of Transportation to regulate. Alabama does not appear on the studies list because it passed a "thou shalt study and prepare a report" law in 2016.
Indiana platooning law is not limited to trucks.
Kentucky requires that a proposed plan be submitted to the state Department of Vehicle Regulation, which must approve before platooning is permitted; notification is required to be made to the state police.
Louisiana platooning is not permitted on two-lane roads.
Mississippi does not allow platooning on two-lane roads. Platooning must be also expressly approved by both the state department of transportation and the department of public safety after a "plan for approval of general platoon operations" is submitted.
Oregon does not use the term "platooning," instead calling it "connected automated braking system" and this term conceivably applies to any type of vehicle, not merely commercial vehicles or trucks, that is equipped with the appropriate technology.
Pennsylvania allows for platooning with military, bus, or motor carrier vehicles. Platooning vehicles must bear a visual mark. Platoons are limited to a maximum of three vehicles and each must have a driver on board. There's more, which means that platooning takes a considerable amount of lead time.
Wisconsin passed a simple platooning law. It is not limited to specific classes of vehicles.
Other
California statute allows law enforcement officers to remove an AV from a road if the vehicle does not possess a permit to operate as an AV on public roads within the state.
Another California law allows the City of San Francisco to impose a fee for every AV ridehailing or shared ride provided for a fare.
Nebraska general AV law: Requires that an AV be able to achieve on its own a minimal risk condition, but does not require proof or testing of such capability. Also explicitly allows for ridehailing, other shared-use AV commercial passenger transportation, and public transit. Preempts local regulation or taxes related to AVs.
New York specifies the coordination with the state police required prior to AV testing demonstrations in the Empire State. This is an update to a pretty restrictive AV statute passed in 2017. The 2018 law requires that a "law enforcement interaction plan shall be included as part of the demonstration and test application that includes information for law enforcement and first responders regarding how to interact with such a vehicle in emergency and traffic enforcement situations." The law also calls for a report to be written; see above for details about that.
Pennsylvania allows for automated work zone vehicles as part of its Turnpike Commission's road projects.
Utah's legislature just passed an AV law, awaiting the governor's signature, that:
- Governs and allows for AV ridehailing
- AV registration requirement
- Fully allows, for level 3 automation, whether with driver on board or a remote driver
- No license required for AV systems
- Preemption of local government regulation of AVs
- Low speed vehicles have different rules. Defined as four passengers, including the driver or fallback operation, or less. BUT that human driver is permitted to be a remote operator. These vehicles have a maximum speed permitted of 25 mph.
