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Minutes for SB379 - Committee on Transportation
Short Title
Providing for the use and regulation of autonomous motor vehicles.
Minutes Content for Thu, Feb 10, 2022
Chairperson Petersen called the meeting to order and opened the hearing on SB379, a continuation from previous days' meetings.
Ariel Wolf, General Counsel, Autonomous Vehicle Industry Association, testified as an opponent to the bill (Attachment 1). He explained that the narrow focus of the bill would prohibit the operation of autonomous vehicle (AV) technology outside the "middle mile," expressly denying an entire technology ecosystem from operating in Kansas. He added that AV technology will solve key social problems: it will enhance safety, since most accidents are the result of human error; it will be a positive step in dealing with the supply-chain crisis, since truck-driver deficits number 80,000; and it will offer mobility to those with limited transportation options. He also noted that if the bill passes, it will make Kansas an outlier in the AV industry.
Jackie Beckwith, Manager of Government Affairs, Association for Unmanned Vehicle Systems International, via Web-Ex addressed legal questions about the bill; she commented that by limiting the focus of AV to the middle mile, the bill unlawfully discriminates against interstate commerce, and by not including certain exemptions, the bill does not comply with federal rules. She commented that placing onerous limitations on AV operations in Kansas will not increase highway safety and will mark Kansas as a state unfriendly to investment (Attachment 2).
Ruthie Barko, Executive Director, TechNet, via Web-Ex presented opponent testimony regarding the bill; she observed that it creates a framework for AV that limits the technology to only one segment of innovators and consumers (Attachment 3). She recommended the Committee amend the bill to make it amenable to competition, investment, and innovation.
Daniel Hinkle, Senior State Affairs Counsel, American Association for Justice on behalf of the Kansas Trial Lawyers Association, spoke via Web-Ex as an opponent to the bill (Attachment 4). He traced what he considered the legal ramifications of the bill--that it does not make clear who is the owner of the AV and who is to be held accountable. He recommended that the bill identify the manufacturer of the AV system as accountable for any failure in the system, and he suggested clarification regarding municipal preemption, remote operation, and how law enforcement is to respond to unforeseen circumstances.
Blake Shuart, Hutton and Hutton Law Firm, Wichita, speaking as an opponent via Web-Ex, noted the bill's wording that is open to different interpretations and words that are undefined (Attachment 5). He offered three specific critiques of the bill:
- It does not make clear the relation between the owner and the operator;
- It does require advanced inspection, specific registration, or suitable insurance; and
- In the event of an accident, it provides no process for investigation and reporting.
He referenced other states' approach to AVs and recommended Kansas follow other states' approach to AVs.
Dr. Phillip Koopman, Carnegie Mellon University, cited his 25 years of experience and study regarding AV safety issues to support his assertion that the bill is premature; until a vehicle meets SAE J3018 (National Highway Traffic Safety Administration) testing safety standards, it should not be licensed to be on public roads. He acknowledged Gatik's safety record, but observed that if the bill passes and other companies introduce AVs, they may not display as high a level of safety standards. He offered three recommendations to be included in the bill: accountability with a remote supervisor, transparency to assure authority to oversee safety measures, and a "circuit breaker," giving the Kansas Department of Transportation the authority to shut down a company's AV deployment (Attachment 6).
Three written-only opponent testimonies were submitted:
- Jerry Wood, President, Teamsters Local 955 (Attachment 7)
- Sarah LaFrenz,President, Kansas Organization of State Employees (Attachment 8)
- Ty Dragoo, Director/Chairman, SMART-TD (Sheet Metal, Air, Rail, and Transportation Workers Transportation Division) (Attachment 9)
The Chair closed the meeting on SB379.
The meeting was adjourned at 9:05 a.m. The next meeting is scheduled for Tuesday, February 15, 2022.
