Assigned to TPS                                                                                                  AS PASSED BY COMMITTEE






Fifty-Fourth Legislature, Second Regular Session





autonomous vehicles; safety features; prohibitions

(NOW: prohibitions; autonomous vehicles; safety features)


            Prohibits a person from installing or using a defeat device to override safety features in an autonomous vehicle with certain exceptions.


            The Society of Automotive Engineering Standard J3016 defines five levels of driving automation. Levels zero, one and two of driving automation contain driver support features designed to aide a person while driving, but the person must constantly supervise the features and the vehicle to maintain safety. Levels three and four of driving automation contain automated driving features designed to drive the vehicle when certain conditions are met. Level five of driving automation contains automated driving features that can drive the vehicle under all conditions (SAE Standard J3016).

            A manufacturer is a person who either: 1) manufactures or assembles new vehicles; or
2) manufactures or installs special equipment on a previously-assembled truck that forms an integral part of the new vehicle.

            A motor vehicle dealer is a new or used motor vehicle dealer, a public consignment auction dealer, a broker or wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle (A.R.S. § 28-4301).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.


1.      Prohibits a person from installing or using a defeat device to interfere with or disable a safety feature of a vehicle that has level two, three, four or five driving automation that is designed to ensure a human driver is attentive while driving a vehicle.

2.      Exempts both of the following from defeat device prohibitions:

a)      an entity authorized to test and operate vehicles with automated driving systems pursuant to executive orders or other programs; and

b)      a motor vehicle manufacturer, service center, motor vehicle dealer, motor carrier, component manufacturer or automated vehicle technology developer that is making modifications consistent with the manufacturer's or component manufacturer's safety standards.

3.      Defines install or use a defeat device as any of the following:

a)      interfering with or disabling the vehicle's computer program beyond the options that are made available by a motor vehicle manufacturer, component manufacturer or automated vehicle technology developer;

b)      mechanically interfering with or disabling the vehicle beyond the recommendations of the motor vehicle manufacturer, component manufacturer or automated vehicle technology developer; or

c)      interfering or disabling safety features of the vehicle by placing any physical device, including a weight, on the vehicle's steering wheel.

4.      Defines automated driving system as the hardware and software that are capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design.

5.      Defines defeat device as an auxiliary object or software modification that directly or intentionally alters, disengages or bypasses any of the advanced safety features of a vehicle during normal vehicle operation and use.

6.      Prescribes the same meaning to manufacturer and motor vehicle dealer as provided in statute.

7.      Becomes effective on the general effective date.

Amendments Adopted by Committee

1.      Defines defeat device.

2.      Exempts motor carriers and component manufacturers from defeat device prohibitions under certain conditions.

House Action                                                           Senate Action

TECH              2/5/20       DPA          7-0-0-0           TPS                 3/11/20      DPA     7-0-1

TRANS           2/19/20     DPA/SE    8-0-0-1

3rd Read          2/26/20                       58-1-1

Prepared by Senate Research

March 11, 2020