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Bill

Bill

S 10473

Relates to fully autonomous vehicles

2025 Regular Session Introduced by Pat Fahy

Creates a NY regulatory framework for fully autonomous vehicles, permitting limited driverless operation in two counties with licensing, liability, insurance, and on-demand network

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Bill Summary · S 10473

Overview

This New York Senate bill (S. 10473, 2025-2026 Session) would establish a new legal framework governing fully autonomous vehicles (FAVs) and automated driving systems (ADS) in the state. It creates a dedicated Title 11-A in the Vehicle and Traffic Law, defines key terms, sets rules for operating FAVs without human drivers in specific counties, outlines licensing, insurance, registration, network operations, and enforcement, and provides a framework for human interaction with ADS-equipped vehicles. The act is set to take effect immediately and would expire on July 1, 2028, unless extended or made permanent.

Main purpose and intent

  • Create a comprehensive, standalone regulatory framework for fully autonomous vehicles and automated driving systems in New York.
  • Allow limited deployment of FAVs without a human driver in certain areas (Albany and Rensselaer counties) under specified conditions.
  • Establish licensing, insurance, registration, inspection, and liability rules specific to FAVs.
  • Permit on-demand autonomous vehicle networks (akin to AV-based ride-hailing) while clarifying exemptions from certain human-driver requirements.
  • Centralize governance of FAVs under the state department as the controlling authority and preempt conflicting local rules.

Key provisions and changes

Definitions (new Title 11-A, § 2500)

  • Automated driving system (ADS): Hardware and software capable of performing the entire dynamic driving task (DDT) on a sustained basis.
  • Dynamic driving task (DDT): Real-time driving tasks excluding strategic functions like trip planning and destination selection; includes steering, acceleration/deceleration, environment monitoring, object detection/response, maneuver planning, and signaling.
  • DDT Fallback: The response to a DDT failure or exit from the operational design domain (ODD).
  • Fully autonomous vehicle (FAV): Vehicle up to 10,000 pounds GVWR with ADS functioning without a human driver and multiple sensing modalities to avoid obstacles after loss of camera function.
  • On-demand autonomous vehicle network: A TNC-like platform using an app or digital means to dispatch fully autonomous vehicles for for-hire transportation.
  • Operational design domain (ODD): Conditions under which the ADS is designed to function (environmental, geographic, time, roadway characteristics).
  • Minimal risk condition (MRC): A safe state to bring a vehicle after a DDT failure or when an operation cannot be completed.
  • Other terms: “Person,” “DDT Fallback,” “Request to intervene,” etc., defined for regulatory clarity.

Operation without a human driver (§ 2501)

  • In Albany and Rensselaer counties, an FAV may operate on public roads without a human driver if:
    • ADS can achieve an MRC after a failure.
    • Vehicle complies with state traffic and safety laws (subject to exemptions by the NYS Department of Motor Vehicles or equivalent department).
    • The vehicle bears the manufacturer’s certification label confirming compliance with relevant FMVSS, including NHTSA exemptions, where applicable.
  • Pre-operation requirement: Submit a law enforcement interaction plan detailing communication with fleet support, safe removal/towing, recognition of ADS engagement, and other safety risk information.
  • Liability: Vehicle owner is liable for traffic/motor vehicle safety violations when ADS is engaged.
  • Notice of liability: Municipalities must mail a liability notice to owners, with specifics (vehicle, location, time, officer ID) and instructions on contesting liability.

Licensing, insurance, and registration ( §§ 2502–2504 )

  • Licensing: When an ADS is engaged, it is considered the driver/operator for compliance purposes and deemed licensed to operate the vehicle.
  • Insurance: Operators must show proof of financial responsibility or self-insurance before operating an FAV on public roads.
  • Crashes: FAVs must remain on the scene as required by existing crash reporting rules, and owners must promptly report crashes.

On-demand autonomous vehicle networks (§ 2505)

  • Networks may operate under existing laws governing TNCs, taxis, or ground transportation for-hire, with the caveat that article 44-B provisions that apply only to human drivers do not apply to ADS-equipped FAVs on these networks.

Registration, title, and identifying FAVs (§§ 2506)

  • FAVs must be properly registered and titled, with explicit identification on registration and title as fully autonomous vehicles.

Controlling authority and preemption (§ 2507)

  • The NY department is the exclusive state agency to implement this article.
  • FAVs/ADS are exempt from certain other provisions (e.g., section 1226 of the chapter).
  • Local entities cannot impose taxes, fees, or requirements for FAVs beyond those in this article.

Operation by a human driver (§ 2508)

  • Vehicles with ADS capable of performing the entire DDT may be operated by a human driver if the ADS can issue a “request to intervene” and the human can operate in compliance with applicable laws (title seven), subject to possible exemptions by the department.
  • The act does not prohibit human drivers from manually controlling an FAV with ADS installed.

Equipment and inspection (additional provisions)

  • § 383-a: Fully autonomous vehicles designed to be operated exclusively by ADS may not be subject to motor vehicle equipment laws/regulations that relate to or support human-driver operation, or that are irrelevant for ADS.
  • § 301-c: Inspection criteria for FAVs must be applied in a manner consistent with § 383-a.

Who/what would be affected

  • Fully autonomous vehicle manufacturers, owners, and operators in New York.
  • Operators of on-demand autonomous vehicle networks (e.g., AV ride-hailing services).
  • Vehicle owners liable for violations when ADS is engaged.
  • Law enforcement and municipal agencies responsible for interaction plans, notices of liability, and crash reporting.
  • The state Department of Motor Vehicles (or the department responsible for vehicle safety) as the controlling state agency.
  • Local jurisdictions seeking to regulate AVs would be preempted from imposing additional taxes, fees, or requirements beyond the act.

Procedural and timeline aspects

  • Effective date: The act takes effect immediately upon enactment.
  • Sunset: Provisions expire on July 1, 2028, unless renewed or made permanent by subsequent legislation.
  • Reporting/notice mechanics: Liability notices are to be mailed by the jurisdiction where the violation occurred, with standard prima facie evidence rules for mailed notices.

Potential impacts and considerations

  • Enables limited deployment of FAVs without a human driver in two counties, with a clear safety and liability framework.
  • Creates a centralized regulatory regime, potentially simplifying compliance for manufacturers and operators but limiting local experimentation via preemption.
  • Establishes explicit liability and enforcement mechanisms, including required plans for law enforcement interactions.
  • Addresses insurance/financial responsibility prerequisites to operate an FAV on public roads.
  • Facilitates on-demand AV networks while carving out exemptions from certain human-driver requirements for fully autonomous operations.

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

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