State Issue Update

Date: January 29, 2019

As a service to AASA, HDMA, MERA and OESA members, MEMA contracts with Stateside to provide timely updates on key issues affecting parts suppliers on the state level. For brief summaries of state activity, see below. The StateLink portal is currently being updated and will be live for MEMA members in the coming weeks. For more in-depth information in the interim, including bill text and legislative outlook, please contact Catherine Boland.

Aftermarket Parts

Delaware HB 28

Sponsor: Representative Ruth Briggs King (R)

Summary: This measure provides that it is an unlawful practice for an automotive repair facility to install or reinstall in a motor vehicle any object in lieu of an operative air bag including a counterfeit supplemental restraint system component or a nonfunctional airbag. It would also be unlawful to sell, install or reinstall any device that causes the vehicle's diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restrain system component, nonfunctional airbag or when no airbag is installed.

The bill also provides that a person shall not knowingly manufacture, import, distribute, sell, or offer for sale any device intended to  replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component, a nonfunctional airbag, or a device that causes a vehicle to fail to meet federal motor vehicle safety standards.

“Counterfeit supplemental restraint system component” means a replacement supplemental restraint system component, including, but not limited to, an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively.

“Nonfunctional airbag” means a replacement airbag that meets any of the following criteria:

  1. The airbag was previously deployed or damaged;

  2. The airbag has an electric fault that is detected by the vehicle’s airbag diagnostic systems when the installation procedure is complete and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

  3. The airbag includes a part or object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or 

  4. The airbag is subject to the prohibitions of 49 U.S.C. § 30120(i).

“Supplemental Restraint System” means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as defined in 49 CFR 571.208. A supplemental restraint system includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer including both of the following:  

  1. The airbag operates as designed in the event of a crash; and 

  2. The airbag is designed to meet federal motor vehicle safety standards for the specific make, model, and year of the vehicle in which it is or will be installed. 

Status: 01/23/2019: Hearing held; passed committee
 

Nebraska LB 7

Sponsor: Senator Carol Blood (NP)

Summary:  This measure prohibits:

(1) Knowingly and intentionally manufacturing, importing, installing, reinstalling, distributing, selling, or offering for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component, a nonfunctional airbag, or does not meet federal safety requirements.

(2) Knowingly and intentionally selling, installing, or reinstalling a device that causes a motor vehicle's diagnostic system to fail to warn when a motor vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag or when no airbag is installed.

(3) Knowingly or intentionally representing to another person that a counterfeit supplemental restraint system component or nonfunctional airbag installed in a motor vehicle is not a counterfeit supplemental restraint system component or a nonfunctional airbag; or

(4) Causing another person to violate this section or assists another person in violating this section.

Status: 01/23/2019: Hearing held
 

North Dakota HB 1143

Sponsor: Representative George Keiser (R)

Summary: More specifically, this measure states that a person may not intentionally or knowingly:

1) Manufacture, import, install, reinstall, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component, nonfunctional airbag, or a device that does not meet the federal motor vehicle safety standards as provided under title 49, Code of Federal Regulations, part 571, section 208. 

2) Sell, install, or reinstall in a motor vehicle, any device that causes the motor vehicle's diagnostic systems to fail to warn when the motor vehicle is equipped with a counterfeit supplemental restraints system component or nonfunctional airbag, or when an airbag is not installed.

However, this measure shall not prohibit a motor vehicle dealer, repair facility, manufacturer, or other entity from taking action to collect and dispose of used or recalled supplemental restraint system components in accordance with federal law. 

This measure defines "Airbag" as an inflatable occupant restraint system device in a motor vehicle which is part of a supplemental restraint system. 

This measure defines "Counterfeit supplemental restraint system component" as a replacement supplemental restraint system component that displays a mark identical, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier. 

This measure defines "Nonfunctional airbag" as a replacement airbag that:

Status: 01/24/2019: Scheduled for Hearing
 

Wyoming SF 95 - Aftermarket Parts

Sponsor: Senator Tara Nethercott (R)

Summary:

This measure prohibits insurers from requiring the use of aftermarket parts in the repair of a motor vehicle unless the part is at least equal in kind and quality.

Also, an insurer shall not be required to pay any additional cost of an original equipment manufacturer part when an aftermarket part equal in kind and quality in terms of fit, quality and performance is available.

The insurer shall disclose to the claimant in writing that an aftermarket part is being used or offered. Aftermarket parts shall be identified on the estimate of the repair.

Status: 01/24/2019: Hearing held; amended; reported from committee. This measure awaits consideration in the Senate.

Autonomous Vehicles

Florida HB 311

Sponsor: Representative Jason Fischer (R)

Summary: Specifically, a passenger transportation network that uses a software application or other digital means to connect passengers to fully autonomous vehicles, exclusively or in addition to other vehicles, for transportation, including for-hire transportation and transportation for compensation. This does not apply to a fully autonomous vehicle operating with the automated driving system engaged in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the fully autonomous vehicle has the capability of alerting a law enforcement agency to the crash.

Notwithstanding any other law, a licensed human operator is not required to operate a fully autonomous vehicle. A fully autonomous vehicle may operate in this state regardless of whether a human operator is physically present in the vehicle. The automated driving system, when engaged, shall be deemed to be the operator of an autonomous vehicle regardless of whether a person is physically present in the vehicle while the vehicle is operating with the automated driving system engaged.

Applicable traffic or motor vehicle laws of this state may not be construed to prohibit the automated driving system from being deemed the operator of an autonomous vehicle operating with the automated driving system engaged or require a licensed human operator to operate a fully autonomous vehicle.

The Florida Turnpike Enterprise may fund, construct, and operate test facilities for the advancement of autonomous and connected innovative transportation technology solutions for the purposes of improving safety and decreasing congestion for the traveling public and to otherwise advance the objectives of the Florida Turnpike Enterprise as set forth in the Florida Transportation Code.  An on-demand autonomous vehicle network may operate pursuant to state laws governing the operation of transportation network companies and transportation network company vehicles that reasonably applies only to a human driver does not apply to the operation of a fully autonomous vehicle with the automated driving system engaged in an on-demand autonomous vehicle network. 

An autonomous vehicle registered in the state of Florida must have been certified in accordance with federal regulations as being in compliance with applicable federal motor vehicle safety standards and bear the required certification label or labels including reference to any exemption granted under applicable federal law. They must also be capable of being operated in compliance with the applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operating with the automated driving system engaged. This does not apply when a fully autonomous vehicle is operated with the automated driving system engaged and without a human operator.

Status: 01/23/2019: Referred to House Transportation and Infrastructure Subcommittee; House Transportation and Tourism Appropriations Subcommittee; House State Affairs Committee
 

New Hampshire SB 216

Sponsor: Senator David Watters (D)

Summary:  This measure establishes a committee to:

(I) Follow developments in the testing and deployment of automated vehicle technologies, including both federal and state laws, regulations, and guidance on the subject.

(II) Identify all agencies with jurisdiction to support the testing and deployment of automated vehicles.

(III) Consider avenues to encourage the development of automated and connected vehicles technologies and their component hardware and software in New Hampshire, and consult with both universities and business entities in the sector to support innovation and development in automated vehicle technologies.

(IV) Examine ways for state agencies and for automated vehicle manufacturers to inform residents on automated vehicle technologies, including the potential for increased safety, enhanced mobility, more efficient land use, expanded roadway capacity, reduced environmental impact, and any potential risks.

(V) Review existing state statutes and administrative rules and identify existing statutes or rules that may impede the testing and deployment of automated vehicles, including but not limited to existing laws pertaining to vehicle registration and titling, vehicle insurance requirements, drivers' licenses, and general rules of the road.

Status: 1/22/2019: Introduced with text

New York SB 1508 -- Part M: Extend the authorization for testing of autonomous vehicles for an additional two years and makes other changes to support autonomous vehicle development:

Summary: This budget proposal expands on the 2017 Autonomous Vehicle legislation to encourage more autonomous vehicle manufacturers to operate in New York by extending the authorization to test for two years and make permanent reporting requirements.

The budget proposal requires the Commissioner of Motor Vehicle to work with other officials to compile a comprehensive report on the impact of autonomous motor vehicles.

Status: 01/18/2019: Introduced, referred to Senate Finance Committee

New York AB 2643

Sponsor: Assemblymember David Gantt (D)

Summary: This measure requires autonomous vehicles registered in the state to comply with all federal standards and regulations applicable to motor vehicles.

This measure requires autonomous vehicles to:

  1. have a means to engage and disengage the autonomous technology therein which is easily accessible to the operator of the autonomous vehicle;

  2. have the means, inside the vehicle, to indicate to the operator thereof when the autonomous vehicle is operating in autonomous mode; and

  3. have a means to alert the operator thereof if a technology failure affecting the ability of the vehicle to safely operate autonomously is detected while the autonomous vehicle is operating autonomously, so as to direct the vehicle operator to resume control of the motor vehicle.

  4. The measure states that any person who holds a class D license or its equivalent may operate an autonomous vehicle in autonomous mode upon a public highway.

 

This measure defines autonomous technology as technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control or monitoring by a human operator.

Furthermore, the measure defines autonomous vehicle as a motor vehicle equipped with autonomous technology.

Status: 01/24/2019: Introduced; referred to Assembly Transportation Committee


Oregon HB 2770

Sponsor: Representative Susan McLain (D)

Summary: This measure permits testing of highly automated vehicles on highways of this state under certain circumstances. It also prescribes testing permit application requirements.

This measure directs automated vehicle manufacturers to obtain additional umbrella liability insurance policies prior to testing and requires the Department of Transportation to adopt rules for testing of highly automated vehicles on highways of this state. 

Testing operator is defined to include both onboard operator and remote operator of highly automated vehicle. The testing operator is required to monitor operation of test vehicle at all times and be prepared to take control of test vehicle if necessary.

Status: 01/24/2019: Introduced

North Dakota HB 1199

Sponsor: Representative Dan Ruby (R)

Summary:  More specifically, this measure states that this section does not apply to the operation of a non - lead vehicle in a platoon.

This measure defines "platoon" as a group of motor vehicles using vehicle - to - vehicle communications to travel in a unified manner at close following distances on a multi-lane, limited-access, divided highway.

Status: 01/25/2019: Committee Hearing Scheduled in Committee on Transportation
 

Wyoming HB 226

Sponsor: Representative Tim Salazar (R)

Summary: Applications for paper certificates of title or electronic certificates of title for autonomous vehicles shall be accompanied by an appropriate notation designating the vehicle as an automated motor vehicle if the owner provides notice or whenever readily accessible records indicate that the motor vehicle is an automated motor vehicle.

This measure prohibits local authorities from regulating automated motor vehicles and automated driving systems

Status: 01/23/2019: Introduced

 

Emissions/Climate Change

New Jersey ACR 199

Sponsor: Assemblymember Nancy Pinkin (D)

Summary: New Jersey Legislature wishes to join the overwhelming scientific and policy consensus in condemning the proposed reduction in vehicle fuel efficiency standards and CO2 emissions standards, as doing so would threaten both the long and short-term health of the residents of this State.

Status: 01/24/2019: Hearing held; amended; passed committee. The bill will now await consideration in the Assembly.

 

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