Legislation for a driverless car pilot program is closer to getting the green light but still needs full floor votes and Gov. Miki Sherrill’s signature before it becomes law.
Bills S1677 and A3968, which supplement Title 39 of the Revised Statutes, were introduced in January and has now cleared all the Senate committees, according to the bill. If passed, the new pilot would join state programs testing the driverless possibilities.
Autonomous Vehicles: Everyone’s Doing It
NJ Transit recently evaluated driverless low-speed shuttle options through its Autonomous Vehicle Assessment, Testing and Research (AVATAR) pilot program. The ongoing trial was for last-mile community transit, and always had an active safety attendant on board. The largest statewide public transportation system and the third-largest overall transit agency, NJ Transit tested the 15 m.p.h. shuttles on closed courses and at controlled sites like Fort Monmouth. No active public transit lines were used.
The Port Authority of New York and New Jersey has testing plans in the works to bring self-driving shuttle buses to Newark Liberty International Airport. The agency partnered with tech firms Oceaneering, Ohmio, and Glydways to test zero-emissions, electric autonomous shuttle buses in restricted non-public areas of the airport.
Waymo (owned by Alphabet, parent company of Google, YouTube, Waze, and more) is widely considered the global leader in fully autonomous commercial robotaxis. It operates commercial public ride-hailing services in major metropolitan areas including San Francisco, Phoenix, and Los Angeles.
The company is reportedly laying the groundwork to expand to New Jersey, and wants to be ready when the Garden State allows fully driverless robotaxis to the public. Waymo isoving through necessary mapping, testing, and legislative hurdles before launching public rides. It does, however, offer rideshares with humans in the driver’s seat in Jersey City, Hoboken, Weehawken, and Bayonne. The mission is to collect highly detailed 3D mapping data and test the software against local traffic conditions.
Current Situation in Jersey
Under the proposed legislation, the Department of Transportation (NJDOT) would collaborate with the New Jersey Motor Vehicle Commission (NJMVC) to run a a 3-year pilot program with testers to operate fully autonomous vehicles, in closed and open-road testbeds.
Under the proposed legislation, the New Jersey Department of Transportation (NJDOT) would collaborate with the New Jersey Motor Vehicle Commission (NJMVC) to establish a three-year pilot program to test fully autonomous vehicles (AV). Testers will operate fully autonomous vehicles, in closed and open-road testbeds.
In a closed facility, there is infrastructure simulating real-world traffic control and road conditions for autonomous vehicle testing but it is not connected to a live transportation systems. Open-road testbeds are equipped with cameras and connected motor vehicle technologies that can communicate with, and monitor the operations of, fully autonomous vehicles and their interaction with other motor vehicles and road users.
A “fully autonomous vehicle” is one that is equipped with an automated driving system and designed to function without a human driver and has a level of automation that is classified as a level four automation or level five automation as defined in SAE J3016, according to the Assembly bill.
Rules, Data Collection, and How to be a Tester
The vehicles can only be operated by a tester who has been authorized to participate in the pilot program and has agreed to comply with certain conditions and provisions. The program would be overseen by a nine-member task force appointed by the DOT in consultation with the NJMVC.
The task force would be required to meet regularly, issue quarterly reports on program progress, solicit public feedback, make recommendations concerning State laws and regulations, and coordinate with the Division of State Police and the Office of the Attorney General in the Department of Law and Public Safety on safety-related matters.
To participate in the pilot program, a tester must
- Apply to the DOT for approval
- Pay an undetermined application fee
- Register each AV to be operated
- Submit required insurance information
- In-car Cameras
- Second tracking system in case the primary camera fails
- Having 50,000 baseline public road miles with a human driver before fully unsupervised operations are permitted
- Carry a minimum of $5 million in proof of liability insurance, self-insurance, or a surety bond.
The application fee will be used by the department for operational expenses, maintenance, and the implementation of the pilot program, according to the bill.
Under certain circumstances, a tester would be allowed to operate an AV without a human driver. However, the tester would then be held liable for any property damages sustained due to improper operation of an AV, traffic law violations, and crash injuries or fatalities sustained due to improper operation of an AV.
AVs operating as autocabs or taxis will be limited to designated highways, continuously monitored through data reporting, and required to have communication systems for emergency overrides by law enforcement or other emergency responders.
The Pilot Program and the DOT’s Role
The DOT will coordinate with counties and municipalities to deploy smart infrastructure for AVs, including sensor-equipped roads, communication systems, and real-time traffic management technology.
Under the pilot, the proposed legislation would require and empower the DOT to
- Collect crash and disengagement data from testers
- Publish crash information on the department’s website every other month
- Transmit certain information to appropriate federal agencies.
- Impose civil penalties on testers failing to comply with reporting requirements
- Suspend, revoke, or restrict a tester if an AV is determined to pose a public safety risk
Following completion of the pilot, the DOT would have six months to submit a final report to the governor and the legislature evaluating the program’s effectiveness, safety outcomes, and recommendations for future legislation.
Where is the bill now?
The bill still needs full floor votes and the Governor’s signature before it becomes law.
First introduced in January, Senate Bill S-1677 advanced past the Senate Transportation Committee and was referred to the Senate Budget and Appropriations Committee in May.
Companion Assembly Bill A-3968 is awaiting further action in Assembly legislative committees.
The bill was sponsored by:
- Sen. Andrew Zwicker (D-16)
- Sen. Gordon M. Johnson (D-37)
- Co-Sponsored by: Sen. Patrick J. Diegnan Jr. (D-16)
- Rep William F. Moen Jr. (D-5)
- Rep. Clinton Calabrese (D-36)
- Co-Sponsored by Rep. Balvir Singh (D-7)
What’s Happening in Other States and Driverless Cars?
Over 35 states have passed laws or issued executive orders allowing autonomous vehicle testing or deployment, and the numbers are increasing yera over year, according to the National Conference of State Legislatures.
🚘California: Allows commercial driverless robotaxis in areas like the San Francisco Bay Area and Los Angeles under strict permits.
🚗Arizona: Highly permissive state allowing fully driverless public operations, most notably around the Phoenix metro area.
🚘Texas: Allows driverless operations and commercial trucks, legally defining the vehicle owner or system as the operator.
According to data from the National Conference of State Legislatures:
- In 2018, 15 states enacted 18 AV related bills.
- In 2017, 33 states have introduced legislation. In 2016, 20 states introduced legislation.
- Sixteen states introduced legislation in 2015, up from 12 states in 2014, nine states and D.C. in 2013, and six states in 2012.
- Since 2012, at least 41 states and D.C. have considered legislation related to autonomous vehicles.
- Twenty-nine states ave enacted legislation related to autonomous vehicles: Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, New York, Nevada, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Vermont, Washington and Wisconsin — and Washington D.C. h
- Governors in Arizona, Delaware, Hawaii, Idaho, Illinois, Maine, Massachusetts, Minnesota, Ohio, Washington and Wisconsin have issued executive orders related to autonomous vehicles.
