ARC 8389C

ARC 8389C

Proposing rulemaking related to motor vehicles operated by an automated driving system and providing an opportunity for public comment

The intended benefit of these rules is to provide vehicle owners, vehicle manufacturers, the law enforcement community, the automotive industry, and any other interested parties with transparency regarding implementation of the authority given to the Department in Iowa Code section 321.519 to regulate these vehicles by doing the following: establishing clear and transparent processes to register the vehicles, including operational restrictions, if applicable; outlining the process to apply for an exemption if the vehicle cannot comply with all traffic laws and regulations; and providing clear and transparent appeal procedures relating to the Department’s decisions and actions under the chapter.

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 27, 2024

The Department received no comments.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact Tracy George and advise of specific needs.

ITEM 1.Rescind 761—Chapter 380 and adopt the following new chapter in lieu thereof:

CHAPTER 380

MOTOR VEHICLES OPERATED BY AN AUTOMATED DRIVING SYSTEM

761—380.1(321) Applicability. This chapter applies to driverless-capable motor vehicles operated by an automated driving system.

761—380.2(321) Definitions. The definitions in Iowa Code section 321.514 are adopted and incorporated herein. In addition:

“Conventional human driver” means the same as defined in Iowa Code section 321.514 but does not include a driverless-capable vehicle passenger.

“Driverless-capable vehicle” as defined in Iowa Code section 321.514 means the vehicle meets the criteria for automation classification of Level 3, Level 4, or Level 5 as established in the April 30, 2021, edition of “Taxonomy and Definitions for Terms Related to Driving Automated Systems for On-Road Motor Vehicles” by the Society of Automotive Engineers (SAE), which is accessible by web link on the department’s website listed under rule 761—380.3(321).

“Driverless-capable vehicle passenger” means a person who does not control the in-vehicle accelerating, braking, steering, and transmission gear selection input devices in order to operate a motor vehicle and who is not otherwise expected to respond to a request to intervene issued by the automated driving system of a driverless-capable vehicle.

“SAE” means the Society of Automotive Engineers, which is an international association reputed for its standards development efforts, including its efforts to standardize definitions of driving automation systems.

761—380.3(321) Information and addresses. Information and forms pertaining to driverless-capable vehicles may be obtained by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at 515.237.3156; by email at central.vehicle@iowadot.us; or on the department’s website at: www.iowadot.gov/automatedtransportation/Policies-Procedures.

761—380.4(321) Registration of driverless-capable vehicles.

380.4(1) Upon registration of a driverless-capable vehicle under 761—subrule 400.3(16) or notification of a vehicle modification under 761—subrule 400.21(5), the department will notate the vehicle’s SAE level of automation in the records system established under Iowa Code section 321.31. Any changes to the SAE level of automation are to be reported to the department by the vehicle owner, or manufacturer on behalf of the owner.

380.4(2) Upon request, the vehicle owner, or manufacturer on behalf of the owner, is to provide to the department the vehicle’s operational design domain and associated operational capabilities, which the department may review to impose operational restrictions as provided in rule 761—400.21(321) as a condition of registration of the vehicle. Any subsequent material changes to the vehicle’s operational design domain and associated operational capabilities related to any previously imposed operational restrictions are to be submitted to the department in order to determine whether the previously imposed operational restrictions should be modified or removed as a result of such changes.

761—380.5(17A,321) Driverless-capable vehicle exemption.

380.5(1) Application. The owner, or manufacturer on behalf of the owner, of a driverless-capable vehicle seeking an exemption under Iowa Code section 321.515(1)“b” may apply to the department to allow driverless operation of the vehicle. Applications are to be made on a form prescribed by the department and are to include:

a.Identification of the laws or regulations from which the driverless-capable vehicle is seeking an exemption.

b.Information describing how the vehicle will be operated under the exemption without posing a safety risk to the public.

380.5(2) Issuance and display of exemption. An exemption may be issued, subject to any operational restrictions as provided under rule 761—400.21(321), if the department has sufficient information to determine a public safety risk does not exist. The department will provide written notice of the exemption to the vehicle owner, and if applicable, to the manufacturer. The notice shall be maintained at all times in the driverless-capable vehicle and made available for display to any peace officer upon request.

380.5(3) Revocation and reinstatement.

a.The department may revoke a driverless-capable vehicle exemption in any of the following circumstances:

(1)If the exemption has been issued in conflict with the statutes or rules governing the exemption’s issuance.

(2)If the exemption was issued based on false information.

(3)If there was a violation of Iowa Code sections 321.514 through 321.519, 761—Chapter 400 or this chapter.

(4)If the vehicle operating under the exemption is involved in a contributive motor vehicle accident attributable to the automated driving system performance in this or any other state and that accident results in death or serious injury.

(5)If the vehicle is operated in violation of any of the motor vehicle laws of this or any other state that results in death or serious injury.

b.For incidents occurring outside the state of Iowa, revocation may only occur once the investigation of the incident is completed, and the vehicle’s automated driving system performance was found to be involved in or contributive to a motor vehicle accident that resulted in a death or serious injury. The effective date of the suspension or revocation shall be 20 days after the department has mailed notice of the revocation to the vehicle owner, and manufacturer if applicable, by first class mail. To reinstate the exemption, the vehicle owner, or manufacturer on behalf of the owner, is to reapply for the exemption.

380.5(4) Hearings. A vehicle owner, or manufacturer on behalf of the owner, whose driverless-capable vehicle exemption has been revoked may contest the revocation in accordance with Iowa Code chapter 17A and 761—Chapter 13. The request for a hearing must be submitted to the director of the motor vehicle division at the address in rule 761—380.3(17A). The request will be deemed timely if it is delivered or postmarked on or before the effective date specified in the notice. The department will stay the revocation for the duration of the hearing proceedings.

761—380.6(321) Submission in aggregate. Information or application reported or submitted by a manufacturer on behalf of the owner to the department under rule 761—380.4(321) or rule 761—380.5(17A,321) may be reported or submitted in aggregate by vehicle make and model.

These rules are intended to implement Iowa Code chapter 17A and sections 321.1, 321.16, 321.20, 321.31, 321.381, 321.482, and 321.514 through 321.519.