Trenton, NJ – A bill moving through the New Jersey Legislature would establish the state’s first pilot program for autonomous vehicles, but the legislation appears to set standards that Tesla’s current Full Self-Driving technology does not meet.
Senate Bill 1677, sponsored by Sens. Andrew Zwicker and Gordon M. Johnson, would authorize a three-year pilot program overseen by the New Jersey Motor Vehicle Commission in consultation with the New Jersey Department of Transportation.
The legislation defines a “fully autonomous vehicle” as one “designed to function without a human driver” that meets SAE Level 4 or Level 5 automation standards. Those classifications represent vehicles capable of performing the entire driving task without human intervention under defined operating conditions or in all conditions, respectively.
Human driver would still be required
Although the bill is designed to test fully autonomous vehicles, it also requires a human operator to remain behind the wheel during most testing.
Under the proposal, the operator must be seated in the driver’s seat, continuously monitor the vehicle, be capable of taking immediate manual control, hold a valid driver’s license and not be under the influence of drugs or alcohol. The operator also must be trained by the autonomous vehicle tester on the system’s capabilities and limitations.
The legislation further requires participating vehicles to allow immediate manual override using the steering wheel, accelerator or brake pedal and to alert the operator whenever autonomous mode disengages and human control is required.
Those provisions appear incompatible with Tesla’s current consumer Full Self-Driving (Supervised) system, which is marketed as a driver-assistance feature rather than an SAE Level 4 or Level 5 autonomous driving system.
Pilot program focuses on advanced autonomous systems
The bill would require autonomous vehicle testers to register every vehicle participating in the pilot program and carry at least $5 million in liability insurance, self-insurance or a surety bond covering bodily injury, death or property damage.
A seven-member task force would oversee the three-year pilot program, including representatives from public safety, transportation, the autonomous vehicle industry, the insurance industry, consumer advocacy and the Motor Vehicle Commission.
The task force would issue quarterly reports, gather public feedback and help develop policies addressing collisions, cybersecurity threats, operational disruptions and liability involving autonomous vehicles.
New requirements for autonomous vehicles
The legislation establishes numerous technical requirements for vehicles participating in the pilot.
Among other provisions, vehicles would be required to include redundant safety systems, emergency override capabilities, crash-avoidance technology, pedestrian detection, automatic emergency braking, lane-keeping assistance, cybersecurity protections and onboard systems capable of recording vehicle data beginning 30 seconds before a collision. Vehicles would also be required to display visible markings identifying them as fully autonomous.
The Department of Transportation would also be directed to establish closed and open-road testing environments while working with counties and municipalities to deploy infrastructure supporting autonomous vehicles, including sensor-equipped roads, communication systems and real-time traffic management technology.
Limited exception for commercial trucks
The only provision allowing operation without a human driver applies to certain commercial truck platoons.
Under the bill, synchronized commercial trucks following a lead vehicle could operate at SAE Level 5 automation without a human driver in the follower vehicle. Passenger vehicles would not receive the same exception under the legislation.
If enacted, the pilot program would run for three years before the Motor Vehicle Commission submits recommendations to the governor and Legislature on whether fully autonomous vehicles should be integrated onto New Jersey highways. As currently written, the proposal is aimed at vehicles meeting SAE Level 4 or Level 5 autonomy and does not provide a pathway for lower-level driver-assistance systems to qualify as fully autonomous vehicles.
