39-01-01.2. Autonomous vehicle operations.
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/nd/title-39/chapter-39-01-definitions-and-general-provisions/39-01-01-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. As used in this section:
a. "Automated driving system" means hardware and software collectively capable of
performing the entire dynamic driving task for the vehicle on a sustained basis
when installed on a motor vehicle and engaged regardless of whether it is limited
to a specific operational design domain.
b. "Autonomous vehicle" means a vehicle equipped with an automated driving
system.
c. "Dynamic driving task" means all of the real-time operational and tactical
functions required to operate a vehicle in on-road traffic within the vehicle's
specific operational design domain, if any, excluding the strategic functions such
as trip scheduling and selection of destinations and waypoints.
d. "Human driver" means an individual with a valid license to operate a motor
vehicle who manually exercises in-vehicle braking, accelerating, steering, and
transmission gear selection input devices to operate a vehicle.
e. "Minimal risk condition" means a low-risk operating mode in which an
autonomous vehicle operating without a human driver achieves a reasonably safe
state, such as bringing the vehicle to a complete stop, upon experiencing a failure
of the vehicle's automated driving system that renders the vehicle unable to
perform the entire dynamic driving task.
f. "Operational design domain" means a description of the specific operating
domain in which an automated driving system is designed to properly operate,
including roadway types, speed range, environmental conditions, and other
domain constraints.
2. An autonomous vehicle must be capable of operating in compliance with all applicable
federal and state law, except to the extent exempted under applicable federal or state
law, and may operate on the public highways of this state in full compliance with all
vehicle registration, title, insurance, and all other applicable requirements under this
title.
3. An autonomous vehicle with automated driving systems engaged does not require a
human driver to operate on the public highway if the autonomous vehicle is capable of
achieving a minimal risk condition in case a system failure occurs which renders the
automated driving system unable to perform the entire dynamic driving task relevant to
the vehicle's intended operational design domain.
4. An individual using an autonomous vehicle is not driving or in actual physical control of
the autonomous vehicle and, therefore, is exempt from licensing requirements if:
a. The automated driving system is completing the entire dynamic driving task; and
b. The autonomous vehicle is capable of achieving a minimal risk condition if a
system failure occurs that renders the automated driving system unable to
perform the entire dynamic driving task relevant to the vehicle's intended
operational design domain.
5. This section may not be construed to modify, limit, or restrict any statutory provision
affecting liability, including chapter 26.1-40, 26.1-41, 28-01.3, 32-03.2, or 39-16.1.