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Code · BILL · 117th Congress · H.R. 3684 (Placed on Calendar Senate) — To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. · Sec. 5308

Sec. 5308. Automated commercial vehicle reporting

1,472 words·~7 min read·/bill/117/hr/3684/pcs/section-5308·

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Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall establish a repository for submitting entities to submit information to the Secretary on operations of automated commercial motor vehicles in interstate commerce. The purpose of this section shall be to ensure automated commercial motor vehicle safety and transparency in developing and maintaining the repository under this section. Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a process for submitting entities operating automated commercial motor vehicles in interstate commerce to provide the following information in accordance with paragraph (2):
The name of the submitting entity responsible for the operation of an automated commercial motor vehicle or vehicles. The make, model, and weight class of such vehicle or vehicles. The intended level of automation of such vehicle or vehicles, according to the taxonomy described in subsection (f)(1). The Department of Transportation number or operating authority assigned to the submitting entity described in subparagraph (A), if applicable. A list of States in which the operation of such vehicle or vehicles will occur and a list of Federal-aid highways (as defined in section 101(a) of title 23, United States Code) on which the operation will occur, as well as total miles traveled in the previous year on a biannual basis.
Any cargo classifications or passengers to be transported in such vehicle or vehicles, including whether the submitting entity is transporting such cargo or passengers under contract with another entity. Documentation of training or certifications provided to any drivers, or other individuals directly involved in the performance of the dynamic driving task or fallback during operation of the vehicle, if any. Any fatigue management plans or work hour limitations applicable to drivers, if any, consistent with such standards of the Department regarding automated commercial motor vehicle drivers.
Law enforcement interaction plans for automated commercial motor vehicles submitted to State transportation agencies or State and local law enforcement agencies. Proof of insurance coverage. A submitting entity responsible for the operation of an automated commercial motor vehicle shall provide the information required under this subsection not later than 60 days after the Secretary has published the notice establishing the process described in paragraph (1). The submitting entity responsible for the operation of an automated commercial motor vehicle shall notify the Secretary of any material changes to the information previously provided pursuant to this subsection on an annual basis, or on a more frequent basis specified by the Secretary.
If a submitting entity responsible for the operation of an automated commercial motor vehicle submits incomplete or inaccurate information pursuant to subsection (c), the submitting entity shall be given an opportunity to amend or correct the submission within a reasonable timeframe to be established by the Secretary. The Secretary shall make available on a publicly accessible website of the Department of Transportation the following information on automated commercial motor vehicles:
The prevalence of planned operations of such vehicles. The characteristics of such operations. The geographic location of such operations in a safe manner that reflects only the most significant public road or roads on which the majority of the route takes place, as determined appropriate by the Secretary. Any data collected under subsection
(c)and made publicly available pursuant to this subsection shall be made available in a manner that— precludes the connection of the data to any individual motor carrier, shipper, company, vehicle manufacturer, or other submitting entity submitting data; protects the safety, privacy, and confidentiality of individuals, operators, and submitting entities submitting the data; and protects from disclosing— trade secrets; and information obtained from a submitting entity that is commercial or financial and privileged or confidential, in accordance with section 552(b)(4) of title 5, United States Code. Not later than 1 year after the date of enactment of this Act, the Secretary shall require submitting entities to submit information regarding collisions which occur during the operation of an automated commercial motor vehicle on public roads while the vehicle’s automated driving system is engaged, including— fatalities or bodily injury to persons who, as a result of the injury, immediately receive medical treatment away from the scene of a collision involving the automated commercial motor vehicle; collisions or damage to property involving an automated commercial motor vehicle that results in an automated commercial motor vehicle or a motor vehicle being transported away from the scene by a tow truck or other motor vehicle; a full description of how the collision or damage to property occurred, including, if applicable, the role of the automated driving system; and the mode of transportation used by any road users involved in the collision, including general road users, as such term is defined under section 5304 of this Act. The Secretary shall ensure that any submitting entity submitting information under this subsection that has a Department of Transportation number or operating authority from the Federal Motor Carrier Safety Administration— shall be subject to safety monitoring and oversight under the Compliance, Safety, and Accountability program of the Federal Motor Carrier Safety Administration; and shall be included when the Secretary restores the public availability of relevant safety data under such program under section 4202(b) of this Act. Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to define the term safety incident , including collisions, with respect to automated commercial motor vehicle safety. Notwithstanding paragraph (1), the Secretary shall carry out this subsection to require submitting entities to submit information regarding safety incidents instead of collisions upon issuing a final rule under subparagraph (A). To support the rulemaking under this paragraph, the Secretary shall establish a mechanism through which entities may voluntarily report safety data or other information regarding automated commercial motor vehicles. The data collected under this subparagraph may only be used to support the rulemaking under this paragraph. Data or other information submitted under this subparagraph— shall not be made publicly available; and shall not be disclosed to the public by the Secretary pursuant to section 552(b)(4) of title 5, United States Code, if the data or other information is submitted to the Secretary voluntarily and is not required to be submitted to the Secretary under any other provision of law. In this section: The term Automated commercial motor vehicle means a commercial motor vehicle (as such term is defined in section 31132 of title 49, United States Code) that is designed to be operated by a level 3 or level 4 automated driving system for trips within its operational design domain or a level 5 automated driving system for all trips according to the recommended taxonomy published in April 2021, by the Society of Automotive Engineers International (J3016_202104) or, when adopted, equivalent standards established by the Secretary under chapter 301 of title 49, United States Code, with respect to automated motor vehicles. The term broker has the meaning given such term under section 13102 of title 49, United States Code. The term employer has the meaning given such term under section 31132 of title 49, United States Code. The term freight forwarder has the meaning given such term in section 13102 of title 49, United States Code. The term motor carrier has the meaning given such term in section 13102 of title 49, United States Code. The term submitting entity means either— a motor carrier; or a company that is carrying out motor carrier-related operations in interstate commerce on public roads or an employer thereof, such as a motor carrier, freight forwarder, or broker. The term truck platooning means a series of commercial motor vehicles traveling in a unified manner with electronically coordinated braking, acceleration, and steering with a driver in the lead commercial motor vehicle. The Secretary may not require duplicative reporting. Submitting entities working in partnership on the same automated commercial motor vehicle operational trips shall make 1 submission of the information required under this section for each general route, as determined appropriate by the Secretary. In developing the reporting process required under subsection (c), the Secretary shall ensure, to the extent practicable, that submitting entities are not required to submit information previously reported to the Secretary under chapters 139 or 311 of title 49, United States Code. Nothing in this section shall add to or detract from any existing— enforcement authority of the Department of Transportation; or authority to operate automated commercial motor vehicles in interstate commerce on public roads. An entity that violates any provision of this section shall be subject to civil penalties under section 521(b)(2)(B), of title 49, United States Code, and criminal penalties under section 521(b)(6)(A) of such title, and any other applicable civil and criminal penalties, as determined by the Secretary. In carrying out this section, the Secretary shall treat truck platooning operations the same as automated commercial motor vehicles.
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