Commercial operation. (a)  Motor carriers.-- A highly automated vehicle that is also a motor carrier vehicle that requires a commercial

§ 8509.  Commercial operation. (a)  Motor carriers.-- A highly automated vehicle that is also a motor carrier vehicle that requires a commercial driver's license under section 1606 (relating to requirement for commercial driver's license) may operate on highways as a motor carrier with or without a highly automated vehicle driver. A highly automated vehicle operated without a highly automated vehicle driver shall operate under Federal and State law or regulation governing the operation of commercial vehicles and drivers, except provisions that by their nature reasonably apply only to a driver shall not apply to a highly automated vehicle. (b)  Applicability of Public Utility Code.-- (1)  The provisions of 66 Pa.C.S. (relating to public utilities) shall apply to a certificate holder and the certificate holder's highly automated vehicles, except for provisions that by their nature reasonably apply only to a driver shall not apply to a highly automated vehicle. (2)  Except as provided for in paragraph (3), nothing contained in this subchapter shall be construed to prohibit the Pennsylvania Public Utility Commission from requiring an authorization, license or approval from a certificate holder for the operation of a highly automated vehicle if the authorization, license or approval requirement is consistent with 66 Pa.C.S. and does not discriminate against a highly automated vehicle. (3)  Notwithstanding paragraph (2), the Pennsylvania Public Utility Commission may not require an authorization, license or approval from a certificate holder if the certificate holder: (i)  is not directly providing a commercial service regulated by the Pennsylvania Public Utility Commission; and (ii)  is only providing a highly automated vehicle to another person that holds an authorization, license or approval from the Pennsylvania Public Utility Commission for use in a commercial service regulated by the Pennsylvania Public Utility Commission. (4)  Except as provided for in subsection (c), a transportation network company licensed by the Pennsylvania Public Utility Commission may utilize a certificate holder's highly automated vehicle to provide transportation network services under 66 Pa.C.S. Ch. 26 (relating to transportation network service). (c)  Cities of the first class.-- (1)  A transportation network company licensed by a parking authority of a city of the first class may utilize a certificate holder's highly automated vehicle to provide transportation network services under 53 Pa.C.S. Ch. 57A (relating to transportation network companies). (2)  The provisions of 53 Pa.C.S. Ch. 57A shall apply to a highly automated vehicle as described in paragraph (1), except for provisions that by their nature do not apply to a driver of a highly automated vehicle when the highly automated vehicle is operated without a highly automated vehicle driver. (d)  Limitation.-- The Pennsylvania Public Utility Commission under subsection (b) and a parking authority of a city of the first class under subsection (c) may not require, including as a requirement of an authorization, license or approval: (1)  A highly automated vehicle to be operated with a highly automated vehicle driver. (2)  Additional testing requirements for a highly automated vehicle. (3)  Operational standards for a highly automated vehicle that are substantially dissimilar to operational standards for a motor vehicle operating without an automated driving system. (4)  Compliance with additional standards related to a highly automated vehicle's automated driving system, ODD, DDT or DDT fallback. (e)  Commercial restrictions.-- A highly automated vehicle may not: (1)  be operated as a school bus or school vehicle; or (2)  carry hazardous materials as defined in section 102 (relating to definitions) provided, however, that this prohibition does not apply to transporting articles and substances prepared in accordance with 49 CFR 172.315 (relating to limited quantities) or that otherwise do not require placarding pursuant to the Federal Hazardous Materials Regulations (49 C.F.R. Part 100 et seq.), unless the certificate holder receives certification from the department following the promulgation of regulations. (Nov. 3, 2022, P.L.1946, No.130, eff. 240 days) 2022 Amendment. Act 130 added section 8509. Cross References. Section 8509 is referred to in section 8505 of this title.