TRENTON – The Senate Transportation Committee advanced legislation sponsored by Senator Andrew Zwicker that would require the New Jersey Motor Vehicle Commission (NJ MVC), in consultation with the Department of Transportation (NJDOT), to establish a three-year pilot program allowing testers to operate fully autonomous vehicles (AVs) in the state.

“New Jersey has the opportunity to lead the nation in developing safe and efficient autonomous vehicle technology that will revolutionize how we travel,” said Senator Zwicker (D-Middlesex/Mercer/Somerset/Hunterdon). “By initiating this program, we will lay the groundwork for massive improvements to our transit infrastructure, building off of years of autonomous vehicle research to improve public safety and expand access to reliable transportation.”

The pilot program would be overseen by a task force composed of seven members as follows: a public safety official, a transportation expert, an autonomous vehicle developer, an automobile insurance industry representative, a consumer advocate, and two representatives of the commission. Members will be appointed by the NJ MVC, in consultation with NJDOT.

The task force would be required to provide quarterly reports to NJ MVC and NJDOT regarding the status of the pilot program; solicit public feedback concerning the pilot program; assist NJ MVC and NJDOT in establishing responses and protocols related to AV collisions, cyberattacks against AV manufacturers and AVs, major operational disruptions concerning AVs, and liability in the event of AV collisions; and coordinate with the New Jersey Division of State Police and the Office of the Attorney General to develop guidelines to govern pedestrian and driver security and safety.

Under the bill, S-4702, testers would not be permitted to operate AVs in the State unless certain conditions are met. Operators would be required to sit in the AV’s driver’s seat; monitor the AV’s operation; be capable of taking immediate manual control of the AV; be an employee, independent contractor, or other person designated and trained by the AV tester concerning the capabilities and limitations of the AV; not be under the influence of drugs or alcohol; and possess a valid basic driver’s license or other appropriate license.

Testers would be required to register the AV and submit proof of liability insurance, self-insurance, or a surety bond of at least $5 million to NJ MVC. The chief administrator of the NJ MVC would be permitted to immediately prohibit an operator or tester from operating an AV if the chief administrator determines that such operation poses a risk to public safety or that the operator or AV tester fails to comply with the provisions of the bill.

The bill would require all AV collisions to be reported to NJDOT within 48 hours. Additionally, the bill would require NJDOT to establish new AV testing environments, including closed testbeds and open-road testbeds, and to utilize existing AV testing environments. NJDOT would be required to identify funding sources to invest in and to coordinate with counties and municipalities to deploy smart infrastructure for AVs, including sensor equipped roads, communication systems, and real time traffic management technology.

Additionally, AVs operating as taxis would be required to operate on designated highways, be marked as fully autonomous, be continuously monitored through data reporting, and have communication systems for emergency overrides by authorities.

The bill would also require AVs operating as commercial trucks to do so on designated highways under specific speed and weight restrictions set by NJDOT. Operators would be required to have appropriate licensing to handle manual controls if needed. However, the bill would authorize an operator to lead multiple commercial trucks on highways – a behavior referred to as “platooning” – under certain circumstances. Specifically, trucks that employ synchronized braking and acceleration and that follow the lead “platoon” vehicle would be allowed to operate as a fully autonomous vehicle without a human driver.

The NJ MVC would be required, no later than six months after completion of the three-year pilot program, to submit to the Governor and to the Legislature a report that evaluates the pilot program and includes recommendations for the safe integration of AVs on State highways. NJ MVC, in consultation with the NJDOT, would adopt rules and regulations to effectuate the purposes of the bill.