State Issues Update

Date: February 12, 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
Connecticut SB 340
Sponsor: Senator Cathy Osten (D)
Summary: Specifically, this proposal would require each automobile insurance policy that is issued, renewed, amended or endorsed in this state to cover the cost of repairing or replacing each part of a covered vehicle that was made a part of such vehicle after such vehicle was manufactured and was damaged or destroyed in an accident covered by such policy.
Status: 01/23/2019: Introduced; referred to Joint Committee on Insurance and Real Estate
Virginia HB 2143
Sponsor: Delegate Robert Bell (R)
Summary: This measure provides that a person is guilty of a Class 1 misdemeanor if he

  1. installs or reinstalls any airbag or other component of a motor vehicle's supplemental restraint system that is counterfeit, nonfunctional, or not in accordance with federal safety regulations;

  2. knowingly, without authorization, and not pursuant to guidelines or bulletins from the National Highway Traffic Safety Administration sells, installs, reinstalls, or replaces any device that causes a motor vehicle's diagnostic system to fail to warn when a counterfeit supplemental restraint system component as defined in the bill or a nonfunctional airbag as defined in the bill is installed in a motor vehicle or inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag; or

  3. knowingly manufactures, imports, distributes, sells, or offers for sale a device intended to replace a supplemental restraint system component in any motor vehicle that is a counterfeit supplemental restraint system component, a nonfunctional airbag, or a device that does not meet federal safety standards.

Status: 02/06/2019: Hearing scheduled

Hawaii HB 62
Sponsor: Representative Roy Takumi (D)
Summary: More specifically, this measure states that if the insured or claimant chooses the use of an original equipment manufacturer part, the insured or claimant shall pay the additional cost of the original equipment manufacturer part that is in excess of the equivalent like kind and quality part, unless original equipment parts are required or recommended by the vehicle manufacturer.
Status:  02/06/2019: Hearing scheduled
Hawaii HB 253
Sponsor: Representative Dee Morikawa (D)
Summary: More specifically, this measure states that no person shall intentionally or knowingly manufacture, import, install, reinstall, distribute, sell, or offer for sale any counterfeit supplemental restraint system component, nonfunctional airbag, or airbag that does not meet federal safety requirements as provided in title 49 Code of Federal Regulations section 571.208.
This measure defines "Airbag" as a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
This measure defines "Counterfeit supplemental restraint system component" as a replacement supplemental restraint system component, including but not limited to an airbag, 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, respectively.
This measure defines "Nonfunctional airbag" as 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 motor vehicle's airbag diagnostic systems when the installation procedure is completed and the motor 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 but not limited to a supplemental restraint system component, 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 title 49 United States Code section 30120(j).

This measure defines "Supplemental restraint system" as a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as described in title 49 Code of Federal Regulations section 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 motor vehicle manufacturer, including:

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

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

Status:  02/06/2019: Hearing scheduled

Autonomous Vehicles

Montana HB 304
Sponsor: Representative Shane Morigeau (D)
Summary: This measure states that the operator of a vehicle using a driving automation system is liable for all damage to person or property done while operating the vehicle. 
This measure defines "driving automation system" means any form of adaptive cruise control, automatic braking, autonomous driving, autopilot, hands-free driving, lane-changing assistance, lane-keeping assistance, park-assist, self-driving, steering assistance, or other similar program, however styled, that automates all or part of the operation of a motor vehicle's steering, braking, or accelerating without real-time human input.
Status:  02/05/2019: Hearing Scheduled
Missouri SB 186
Sponsor: Senator Dan Hegeman (R)
Summary:  This measure permits vehicle platooning on Missouri roads.

Status:  02/07/2019: Hearing held

New Jersey SJR 105
Sponsor: Senator Patrick Diegnan (D)
Summary: The joint resolution requires the task force to issue a report to the Governor and Legislature, which is to include, but not be limited to, an evaluation of existing State laws that may unreasonably impede the testing and operation of autonomous vehicles on public roads in the State; an evaluation of existing state and federal law concerning advanced autonomous vehicles with a focus on certain topics described in the joint resolution; recommendations for implementing advanced autonomous vehicle pilot programs to promote safe testing and operation of advanced autonomous vehicles on public roads in the State; an evaluation of existing legislation and regulations in other states concerning advanced autonomous vehicles; recommendations on how this State could safely integrate advanced autonomous vehicles on its highways, streets, and roads; any other information relevant to the subject of the report; and any draft legislation the task force deems appropriate to implement the purposes of the joint resolution, which is required to be consistent with federal law, regulations, and policy guidance.
The task force will consist of eleven members. Two of the additional members are to be public members appointed by the Governor, one with expertise in automotive manufacturing and one who is licensed in the State as a professional engineer. One of the additional members it to be selected by the Governor and is to be a commissioner of the Board of Public Utilities (BPU) or that commissioner’s designee. The BPU has expertise in electric vehicles, which many of the advanced autonomous vehicles are expected to be.
The evaluation of existing state and federal law concerning advanced autonomous vehicles is to focus on licensing, registration, insurance, liability, law enforcement and accident reporting, land use, road and infrastructure design, public transit, and workforce changes rather than on safety standards generally. The bill provides that the task force report is to include recommendations for implementing advanced autonomous vehicle pilot programs and an evaluation of existing legislation and regulations in other states concerning advanced autonomous vehicles and is not to be limited to a focus on safety standards. It also requires that any draft legislation included in the task force report be consistent with federal law, regulations, and policy guidance. 
Status:  01/17/2019: Hearing held; amended; passed committee; On January 31, this measure was substituted by its companion, AJR 164.
Utah HB 101
Sponsor: Representative Robert Spendlove (R)
Summary: Specifically, this measure provides that unless exempted, a person or automated driving system may not operate and an owner may not engage an automated driving system, give another person permission to engage an automated driving system, or give another person permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state.
This measure provides that a transportation network driver is a motor vehicle with a level four or five automated driving system in driverless operation, an automated driving system if dispatched:

  1. at the direction of, on behalf of, or as an agent of a transportation network company; or

  2. at the direction of, on behalf of, or as an agent of a third party pursuant to an agreement between the third party and a transportation network company, operated on behalf of and as an agent of the transportation network company.

Event data that is recorded on an event data recorder may be retrieved, obtained, or used by a person who is not the owner of the motor vehicle for purposes of improving motor vehicle safety, security, insurability, or traffic management, including medical research on the human body's reaction to motor vehicle crashes, as long as the identity of the owner, passenger, or human driver is not disclosed in connection with the retrieved data.
An owner of a vehicle subject to registration under this part shall apply to the division for registration on forms furnished by the division.  The application for registration shall include the level of the automated driving system of the vehicle.
Event data that is recorded on an event data recorder may be retrieved, obtained, or used by a person who is not the owner of the motor vehicle for purposes of improving motor vehicle safety, security, insurability, or traffic management, including medical research on the human body's reaction to motor vehicle crashes, as long as the identity of the owner, passenger, or human driver is not disclosed in connection with the retrieved data.
A motor vehicle equipped with a level three through five ADS may operate on a  highway in this state if the motor vehicle is operated, whether by the ADS or human driver, in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state, unless an exemption has been granted or when the motor vehicle meets all applicable federal motor vehicle safety standards and regulations unless an exemption has been granted.  
They may also operate if the ADS complies with all federal law and federal motor vehicle safety standards and bears the required certification label including reference to any exemption granted under applicable federal law and if a system failure occurs that renders the ADS unable to perform the entire dynamic driving task relevant to the intended operational design domain of the ADS, the ADS will achieve a minimal risk condition or make a request to intervene. The motor vehicle must also be titled and registered.
"Automated driving system" or "ADS" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the ADS is limited to a specific operational design domain, if any.
"Conventional driver" means a human driver who is onboard the motor vehicle and manually performs some or all of the following actions in order to operate a vehicle: 

  1. braking; 

  2. accelerating;

  3. steering; and

  4. transmission gear selection input devices.

"Dynamic driving task" means all of the real-time operational and tactical functions required to operate a motor vehicle in on-road traffic, including: 

  1. lateral vehicle motion control through steering;

  2. longitudinal motion control through acceleration and deceleration;

  3. monitoring the driving environment through object and event detection, recognition, classification, and response preparation; 

  4. object and event response execution; 

  5. maneuver planning; and

  6. enhancing conspicuity with lighting, signaling, and gesturing.

"On-demand autonomous vehicle network" means a transportation service network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with motor vehicles that have a level four or five ADS in driverless operation for purposes of transporting persons, including for-hire transportation and transportation for compensation.
"Transportation Network Company" is defined in this measure as an entity that, except in certain cases involving a motor vehicle with a level four or five automated driving system, does not own, control, operate or manage the vehicle used to provide the transportation network services.
"Transportation network driver" is also defined as a level four or five automated driving system when the automated driving system is operating the vehicle and used to provide a passenger a ride in exchange for compensation.
Status:  02/08/2019: Hearing scheduled 02/06/2019: Hearing held; not considered

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:  This measure was not considered in the committee by the February 4 consideration deadline. This measure is unlikely to receive further consideration this session.


Emissions/Climate Change
Colorado SB 53
Sponsor: Senator John Cooke (R)
Summary: Specifically, the bill prohibits the air quality control commission from adopting motor vehicle emission standards that are more stringent than federal standards and from adopting the California motor vehicle emission standards and test procedures unless they are the same as the federal standards.
Status:  02/07/2019: Hearing scheduled

Utah HB 139
Sponsor: Representative Angela Romero (D)
Summary of 1/16/2019 Version: This bill amends provisions related to violations of motor vehicle emission standards.

Specifically, the bill prohibits the distraction or endangerment of a vulnerable highway user by emission of excessive exhaust and requires a law enforcement agency to report repeat offenders of emission standards to the local health department.
The bill also requires the local health department to report repeat offenders of emission standards to the Motor Vehicle Division.
A person who violates the provisions of this measure is guilty of an infraction and shall be fined: 
(i) not less than $100 for a violation; or
(ii) not less than $500 for a second or subsequent violation within three years of a previous violation of this section.
Status:  02/08/2019: Referred to House Transportation Committee

Vehicle Inspections
California SB 210
Sponsor: Senator Connie Leyva (D)
Summary for 02/04/2019 Version:  This measure authorizes the Heavy-Duty Vehicle Inspection and Maintenance Program.
This measure creates a program for the inspection of alternative heavy-duty motor vehicles. This measure would require the Department of Motor Vehicles to confirm that heavy-duty vehicles are compliant with the Heavy-Duty Vehicle Inspection and Maintenance Program before registration or transfer of ownership.
This bill would also prohibit the operation of a heavy-duty vehicle in a manner resulting in the escape of visible smoke, except during active regeneration.
Status: 02/04/2019: Introduced

Maine LD 270
Sponsor: Senator David Miramant (D)
Summary: Specifically, this measure would repeal provisions requiring inspections for motor vehicles registered in the State, except for those governing commercial vehicles and required dealer inspections. 
Status:  01/22/2019: Introduced; referred to Joint Committee on Transportation
Maine LD 389
Sponsor: Representative Richard Cebra (R)
Summary: Specifically, this measure changes noncommercial automobile inspection requirements from an annual inspection to a biennial inspection.
Status:  01/29/2019: Introduced; referred to the Joint Committee on Transportation

 

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