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A 3968

Establishes fully autonomous vehicle pilot program.*

2026-2027 Regular Session Introduced by Clinton Calabrese and 1 co-sponsor

Establishes a three-year, tightly regulated autonomous vehicle pilot in NJ with safety, data, and testing standards, plus a post-pilot evaluation to guide future policy.

Reported as an Assembly Committee Substitute and Referred to Assembly Appropriations Committee
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Bill Summary · A 3968

Overview

This Assembly Committee Substitute for A3968 (NJ, Session 222) establishes a three-year fully autonomous vehicle (AV) pilot program in New Jersey. The program, run by the Department of Transportation (DOT) in consultation with the New Jersey Motor Vehicle Commission (MVC), would authorize designated testers to operate AVs on closed testbeds and open-road testbeds within the state. The bill lays out eligibility, operational requirements, safety and reporting standards, oversight by a dedicated task force, and post-pilot reporting and regulatory preemption.

Purpose and intent

  • Create a structured, time-limited environment to test and evaluate fully autonomous driving systems in New Jersey.
  • Develop safety guidelines, data collection, and performance measures to inform potential broader deployment and future state regulations.
  • Enable testing of AVs with and without human drivers under clearly defined conditions, while ensuring public safety and accountability.
  • Establish a framework to coordinate with counties, municipalities, and transportation infrastructure initiatives (including smart infrastructure).

Key provisions and changes

  • Pilot program duration: Three-year pilot overseen by the DOT with MVC involvement.
  • Testers and authorization:
    • Only testers authorized by the DOT may operate AVs in the state.
    • Vehicles tested must meet program conditions and must not be of a type requiring a commercial driver license.
    • Testers must apply to the DOT, pay an application fee set by the department (used for program operations), and register each AV with the MVC. Insurance information must be provided.
    • An AV may operate without a human driver if the tester demonstrates required criteria; otherwise, a human driver is presumed to be in control.
    • Authorization lasts until suspended or revoked; changes in material information require updated reporting, or authorization may be suspended.
  • Safety, operation, and compliance:
    • The DOT, with MVC input, can suspend or revoke a tester's authorization or impose restrictions if safety concerns arise.
    • The commissioner may prohibit human drivers or testers from operating AVs if public safety is at risk or if there is noncompliance.
    • The state may set guidelines to restrict AV operation during extreme weather, emergencies, power outages, and other conditions.
    • AVs must comply with all applicable laws and standards; vehicles must bear appropriate manufacturer labels and safety notices.
    • The automated driving system is considered the human driver for traffic law compliance purposes; vehicles must be capable of performing all driving tasks and be licensed accordingly.
  • Vehicle and equipment requirements:
    • AVs must include specified safety features, manual override capabilities, emergency stop mechanisms, and the ability for human drivers to regain control.
    • Systems must alert drivers when disengaged and support data retention (including data from 30 seconds before a collision) and capture operational data.
    • Vehicles must include crash-avoidance tech, adhere to speed limits, emit pedestrian-safe sounds, meet cybersecurity standards, and display a visible AV marker.
    • Insurance coverage requirements and compliance with federal/state laws are mandated.
  • Reporting and data:
    • Testers must report any crashes to the DOT within five days of notification, including specified details; data will be posted on the DOT website with proprietary information protected.
    • The DOT must regularly share crash data with NHTSA and NTSB every other month.
    • Violations of reporting obligations may incur civil penalties per day.
  • Operational exclusions:
    • AVs operated under the pilot may not run in school zones, construction zones, or areas with high pedestrian collision rates (as determined by the DOT).
  • Testing environments and infrastructure:
    • The DOT must establish new AV testing environments (closed testbeds and open-road testbeds) and may utilize existing environments.
    • The DOT must identify funding sources and coordinate with counties/municipalities to deploy smart infrastructure (sensor roads, real-time traffic management, etc.).
  • Autocab/taxi operations:
    • Autocabs/taxis may operate only on designated highways under applicable taxi regulations, must be identifiable as AVs, and must be continuously monitored with emergency overrides and reporting capabilities.
  • Consumer protections and dealer disclosures:
    • New disclosures and marketing restrictions apply to dealers/manufacturers of new vehicles with partial automated driving systems; violations may be treated as NJ Consumer Fraud Act violations and enforced by the Attorney General.
  • Preemption and uniformity:
    • Unless otherwise provided, AVs and automated driving systems are governed exclusively by this substitute. Local governments may not impose conflicting rules or taxes specific to AVs beyond this framework.
  • Post-pilot reporting:
    • A comprehensive evaluation report with recommendations for safe integration of AVs on New Jersey highways must be submitted to the Governor and Legislature no later than six months after the three-year pilot ends.

Who/what is affected

  • Entities applying to participate as AV testers in New Jersey.
  • AV testers/operators and their vehicles, including those that may operate without a human driver.
  • The Department of Transportation and the New Jersey Motor Vehicle Commission (oversight, licensing, and data reporting).
  • Vehicle dealers and manufacturers of vehicles with partial automated driving systems (through new disclosure and marketing rules).
  • Local governments and transportation infrastructure programs (through coordination on smart infrastructure deployments).
  • General public and road users (via safety rules, reporting, and restricted zones during the pilot).

Procedural and timeline aspects

  • Application and authorization process: Complete application with fees, registration, and insurance information; authorization remains in effect unless suspended or revoked.
  • Information updates: If material information changes, updated information must be provided within 30 days or authorization may be suspended.
  • Data reporting: Crash reporting within five days of notification; ongoing data publication by the DOT; regular data sharing with NHTSA/NTSB.
  • Safety actions: Commissioner may issue suspensions, prohibitions, or restrictions based on safety assessments.
  • Post-pilot evaluation: A final report with recommendations due six months after pilot completion.
  • Preemption: State-level framework predominates unless other provisions are specified.

Summary

The bill creates a structured, three-year AV pilot to test fully autonomous driving in New Jersey under strict safety, reporting, and operational requirements. It establishes an authorization regime for testers, a comprehensive set of vehicle safety and cyber standards, data-sharing and transparency provisions (with protections for sensitive information), and directed coordination for infrastructure and urban planning. It also preempts local ordinances that would impede the AV framework and requires a post-pilot evaluation to guide future policy on AV integration.

Compiled from official sources — confirm details with the bill’s official record.

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