Pennsylvania § 8505 - Powers of department.

§ 8505. Powers of department.

(a) General powers.--To ensure the safety of motorists and the general public, except as permitted under section 8509 (relating to commercial operation), the department has sole regulatory authority over the operation of highly automated vehicles on highways within this Commonwealth consistent with this title and Federal law or regulation.

(b) Specific powers and duties.--Except as provided for in subsection (c), the department has the following specific powers and duties:

(1) By order of the secretary, to prohibit the use of a highly automated vehicle on a highway where the secretary determines that the operation of the highly automated vehicle would constitute a hazard.

(2) To require a certificate holder to self-report to the department an accident in this Commonwealth involving the certificate holder's highly automated vehicle if the accident resulted in bodily injury, serious bodily injury, death or damage to property. The department shall establish the time frame in which to self-report an accident to the department, provided that the time frame is no less than six hours from the occurrence of the accident.

(3) To display on the department's publicly accessible Internet website, the following:

(i) A list of certificate holders, including:

(A) Location information where the highly automated vehicle is expected to operate.

(B) The name and contact information for accident claims, including the registered agent for service of process.

(ii) Orders issued by the secretary under paragraph (1).

(iii) Policies, regulations or guidelines issued by the department under this subchapter.

(4) By order of the secretary, to collect the following information on a periodic basis:

(i) The process an emergency service responder should follow when a highly automated vehicle without a highly automated vehicle driver on board is disabled or involved in an accident.

(ii) If applicable, the highly automated vehicle driver information, including name, driver's license number, state or country issued and a summary of any training received to operate the highly automated vehicle.

(iii) A description of whether the highly automated vehicle will transport passengers or goods. If the highly automated vehicle will not be transporting passengers or goods, a description of the service or function being provided by the highly automated vehicle.

(iv) Location information, including a list of municipalities where the highly automated vehicle is expected to operate.

(5) To establish policies, regulations or guidelines reasonably necessary to implement this subchapter.

(c) Restriction.--Notwithstanding subsection (b), the department is prohibited from establishing a policy, regulation or guideline under this subchapter that:

(1) requires a highly automated vehicle driver to obtain another additional license, approval or similar authorization, other than the appropriate driver's license and endorsement, according to the type and class of motor vehicle equipped with an automated driving system that the highly automated vehicle driver operates;

(2) is inconsistent with Federal law, regulation or guidance relating to highly automated vehicles;

(3) prohibits or restricts a highly automated vehicle driver from operating a certificate holder's highly automated vehicle to control all or part of the DDT unless the highly automated vehicle driver has been convicted of one or more moving violations within the past 365 days; or

(4) prohibits or restricts a certificate holder's highly automated vehicle from operating without a highly automated vehicle driver in a manner that is inconsistent with the provisions of section 8508(b) and (e) (relating to operation requirements) and section 8510.1(b) (relating to enforcement and penalties).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8505.