SB 292

Enrolled Copy  S.B. 292
1Autonomous Systems Amendments
                                      2026 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Kirk A. Cullimore
                                 House Sponsor: Jordan D. Teuscher
2
3  LONG TITLE
4  General Description:
5      This bill amends and enacts provisions related to product liability for automated driving
6  systems.
7  Highlighted Provisions:
8      This bill:
9      ▸ amends and enacts definitions related to automated driving systems and product liability;
10      ▸ imposes a statutory limit on awards of noneconomic loss in product liability cases related
11  to automated driving systems;
12      ▸ amends provisions related to product defects and liability related to automated driving
13  systems and reasonably alternative technologies available at the time of manufacture;
14      ▸ creates an affirmative defense against product liability if certain state-of-the-art
15  technology standards are met;
16      ▸ limits liability of certain automated driving system manufacturers and developers to
17  certain types of claims;
18      ▸ requires a sunset review of provisions related to liability of automated driving systems
19  and vehicles; and
20      ▸ makes technical and conforming changes.
21  Money Appropriated in this Bill:
22      None
23  Other Special Clauses:
24      None
25  Utah Code Sections Affected:
26  AMENDS:
27      41-26-102.1, as last amended by Laws of Utah 2022, Chapter 134
S.B. 292  Enrolled Copy
2841-26-104, as enacted by Laws of Utah 2019, Chapter 459
2963I-1-278, as last amended by Laws of Utah 2025, Chapter 26
3078B-6-702, as enacted by Laws of Utah 2008, Chapter 3
3178B-6-703, as renumbered and amended by Laws of Utah 2008, Chapter 3
32   ENACTS:
3378B-4-901, Utah Code Annotated 1953
3478B-4-902, Utah Code Annotated 1953
3578B-4-903, Utah Code Annotated 1953
3678B-4-904, Utah Code Annotated 1953
3778B-6-708, Utah Code Annotated 1953
38
39   Be it enacted by the Legislature of the state of Utah:
40Section 1. Section 41-26-102.1 is amended to read:
4141-26-102.1 . Definitions.
42      As used in this chapter:
43   (1) "ADS-dedicated vehicle" means a vehicle:
44(a) designed to be operated exclusively by a level four ADS or level five ADS for all
45trips within the given operational design domain limitations of the ADS, if any[.] ; and
46(b) that conforms to all applicable U.S. federal motor vehicle safety, bumper, and theft
47prevention standards in effect on the date of the vehicle's manufacture, unless an
48exemption has been granted under applicable federal law.
49   (2) "ADS-equipped vehicle" means a vehicle with a level three, level four, or level five
50ADS that is designed for:
51(a) complete trips in driverless operation under routine or normal operating conditions
52within the vehicle's operational design domain; or
53(b) operation by an in-vehicle driver.
54   [(2)] (3)(a) "Automated driving system" or "ADS" means the hardware and software that
55are:
56(i) collectively capable of performing the entire dynamic driving task on a sustained
57basis, regardless of whether the ADS is limited to a specific operational design
58domain, if any[.] ; and
59(ii) conforming to all applicable U.S. federal motor vehicle safety, bumper, and theft
60prevention standards in effect on the date of the vehicle's manufacture.
61(b) "Automated driving system" or "ADS" is used specifically to describe a level three,
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62four, or five driving automation system.
63  [(3)] (4) "Commission" means the State Tax Commission as defined in Section 59-1-101.
64  [(4)] (5) "Conventional driver" means a human driver who is onboard the motor vehicle and
65      manually performs some or all of the following actions in order to operate a vehicle:
66      (a) braking;
67      (b) accelerating;
68      (c) steering; and
69      (d) transmission gear selection input devices.
70  [(5)] (6)(a) "Dispatch" means to place an ADS-equipped vehicle into service in driverless
71      operation by engaging the ADS.
72      (b) "Dispatch" includes software-enabled dispatch of multiple ADS-equipped motor
73vehicles in driverless operation that may complete multiple trips involving pick-up
74and drop-off of passengers or goods throughout a day or other pre-defined periods of
75service, and which may involve multiple agents performing various tasks related to
76the dispatch function.
77  [(6)] (7) "Division" means the Motor Vehicle Division of the commission, created in
78      Section 41-1a-106.
79  [(7)] (8) "Driverless operation" means the operation of an ADS-equipped vehicle in which:
80      (a) no on-board user is present; or
81      (b) no on-board user is a human driver with a valid driver license or fallback-ready user.
82  [(8)] (9) "Driverless operation dispatcher" means a user who dispatches an ADS-equipped
83      vehicle in driverless operation.
84  [(9)] (10) "Driving automation system" means the hardware and software collectively
85      capable of performing part or all of the dynamic driving task on a sustained basis.
86  [(10)] (11) "Driving automation system feature" means a specific function of a driving
87      automation system.
88  [(11)] (12)(a) "Dynamic driving task" means all of the real-time operational and tactical
89      functions required to operate a motor vehicle in on-road traffic, including:
90(i) lateral vehicle motion control through steering;
91(ii) longitudinal motion control through acceleration and deceleration;
92(iii) monitoring the driving environment through object and event detection,
93recognition, classification, and response preparation;
94(iv) object and event response execution;
95(v) maneuver planning; and
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96(vi) enhancing conspicuity with lighting, signaling, and gesturing.
97(b) "Dynamic driving task" does not include strategic functions such as trip scheduling
98and selection of destinations and waypoints.
99   [(12)] (13) "Engage" as it pertains to the operation of a vehicle by a driving automation
100system means to cause a driving automation system feature to perform part or all of the
101dynamic driving task on a sustained basis.
102   [(13)] (14) "External event" is a situation in the driving environment that necessitates a
103response by a human driver with a valid driver license or driving automation system.
104   [(14)] (15) "Fallback-ready user" means the user of a vehicle equipped with an engaged
105level three ADS who is:
106(a) a human driver with a valid driver license; and
107(b) ready to operate the vehicle if:
108(i) a system failure occurs; or
109(ii) the ADS issues a request to intervene.
110   [(15)] (16)(a) "Human driver" means a natural person who performs in real-time all or
111part of the dynamic driving task.
112(b) "Human driver" includes a:
113(i) conventional driver; and
114(ii) remote driver.
115   [(16) "Level five automated driving system" or "level five ADS" means an ADS feature
116that has the capability to perform on a sustained basis the entire dynamic driving task
117under all conditions that can reasonably be managed by a human driver, as well as any
118maneuvers necessary to respond to a system failure, without any expectation that a
119human user will respond to a request to intervene.]
120   [(17) "Level four automated driving system" or "level four ADS" means an ADS feature
121that, without any expectation that a human user will respond to a request to intervene,
122has:]
123[(a) the capability to perform on a sustained basis the entire dynamic driving task within
124its operational design domain; and]
125[(b) the capability to perform any maneuvers necessary to achieve a minimal risk
126condition in response to:]
127[(i) an exit from the operational design domain of the ADS; or]
128[(ii) a system failure.]
129   [(18) "Level three automated driving system" or "level three ADS" means an ADS feature
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130      that:]
131      [(a) has the capability to perform on a sustained basis the entire dynamic driving task
132within its operational design domain; and]
133      [(b) requires a fallback-ready user to operate the vehicle after receiving a request to
134intervene or in response to a system failure.]
135  (17) "Level five ADS" means a level five automated driving system as defined in SAE
136      International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
137      Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
138      adopted by the National Highway Traffic Safety Administration.
139  (18) "Level four ADS" means a level four automated driving system as defined in SAE
140      International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
141      Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
142      adopted by the National Highway Traffic Safety Administration.
143  (19) "Level three ADS" means a level three automated driving system as defined in SAE
144      International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
145      Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
146      adopted by the National Highway Traffic Safety Administration.
147  (20) "Level two DAS" means a level two driving automation system as defined in SAE
148      International Standard J3016_202104, "Taxonomy and Definitions for Terms Related to
149      Driving Automation Systems for On-Road Motor Vehicles," April 2021 edition, as
150      adopted by the National Highway Traffic Safety Administration.
151  [(19)] (21) "Minimal risk condition" means a condition to which a user or an ADS may
152      bring a motor vehicle in order to reduce the risk of a crash when a given trip cannot or
153      should not be completed.
154  [(20)] (22) "Object and event detection and response" means the subtasks of the dynamic
155      driving task that include:
156      (a) monitoring the driving environment; and
157      (b) executing an appropriate response in order to perform the dynamic driving task.
158  [(21)] (23) "On-demand autonomous vehicle network" means a transportation service
159      network that uses a software application or other digital means to dispatch or otherwise
160      enable the prearrangement of transportation with motor vehicles that have a level four or
161      five ADS in driverless operation for purposes of transporting persons, including for-hire
162      transportation and transportation for compensation.
163  [(22)] (24) "Operate" means the same as that term is defined in Section 41-1a-102.
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164   [(23)] (25) "Operational design domain" means the operating conditions under which a
165given ADS or feature thereof is specifically designed to function, including:
166(a) speed range, environmental, geographical, and time-of-day restrictions; or
167(b) the requisite presence or absence of certain traffic or roadway characteristics.
168   [(24)] (26) "Operator" means the same as that term is defined in Section 41-6a-102.
169   [(25)] (27) "Passenger" means a user on board a vehicle who has no role in the operation of
170that vehicle.
171   [(26)] (28) "Person" means the same as that term is defined in Section 41-6a-102.
172   [(27)] (29) "Remote driver" means a human driver with a valid driver license who is not
173located in a position to manually exercise in-vehicle braking, accelerating, steering, or
174transmission gear selection input devices, but operates the vehicle.
175   [(28)] (30) "Request to intervene" means the notification by an ADS to a fallback-ready user
176indicating that the fallback-ready user should promptly begin or resume operation of the
177vehicle.
178   [(29)] (31) "Sustained operation of a motor vehicle" means the performance of part or all of
179the dynamic driving task both between and across external events, including response to
180external events and continued performance of part or all of the dynamic driving task in
181the absence of external events.
182   [(30)] (32) "System failure" means a malfunction in a driving automation system or other
183vehicle system that prevents the ADS from reliably performing the portion of the
184dynamic driving task on a sustained basis, including the complete dynamic driving task[,
185that the ADS would otherwise perform].
186   [(31)] (33) "User" means a:
187(a) human driver;
188(b) passenger;
189(c) fallback-ready user; or
190(d) driverless operation dispatcher.
191Section 2. Section 41-26-104 is amended to read:
19241-26-104 . Licensing -- Responsibility for compliant operation of ADS-equipped
193   vehicles.
194      For the purpose of assessing compliance with applicable traffic or motor vehicle laws:
195   (1)(a) When an ADS is operating a motor vehicle, the ADS is the operator, and shall
196satisfy electronically all physical acts required by a conventional driver in operation
197of the vehicle.
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198      (b) The ADS is responsible for the compliant operation of the vehicle and is not required
199to be licensed to operate the vehicle.
200  (2)(a) If a vehicle with an engaged level three ADS issues a request to intervene, the
201      ADS is responsible for the compliant operation of the vehicle until disengagement of
202      the ADS.
203      (b) If a vehicle with an engaged level four or five ADS issues a request to intervene, the
204ADS is responsible for the compliant operation of the vehicle until or unless a human
205user begins to operate the vehicle.
206  (3) The ADS is responsible for compliant operation of an [ADS-dedicated vehicle]
207      ADS-equipped vehicle when the ADS is engaged.
208Section 3. Section 63I-1-278 is amended to read:
20963I-1-278 . Repeal dates: Title 78A and Title 78B.
210  (1) Subsection 78A-7-106(7), regarding the transfer of a criminal action involving a
211      domestic violence offense from the justice court to the district court, is repealed July 1,
212      2029.
213  (2) Section 78B-3-421, Arbitration agreements, is repealed July 1, 2029.
214  (3) Section 78B-4-518, Limitation on liability of employer for an employee convicted of an
215      offense, is repealed July 1, 2029.
216  (4) Title 78B, Chapter 4, Part 9, Limitations on Liability for Automated Driving
217      System-Equipped Vehicles, is repealed on July 1, 2030.
218  [(4)] (5) Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, is repealed July 1,
219      2026.
220  (6) In Section 78B-6-702, the following definitions are repealed on July 1, 2030:
221      (a) "ADS-equipped vehicle";
222      (b) "Automated driving system"; and
223      (c) "State of the art knowledge".
224  (7) Subsections 78B-6-703(3) and (4), related to product defects for automated driving
225      systems, are repealed on July 1, 2030.
226  (8) Section 78B-6-708, related to state of the art affirmative defense against product
227      liability for an automated driving system, is repealed on July 1, 2030.
228  [(5)] (9) Section 78B-22-805, Interdisciplinary Parental Representation Pilot Program, is
229      repealed December 31, 2026.
230Section 4. Section 78B-4-901 is enacted to read:
231Part 9. Limitations on Liability for Automated Driving System-Equipped Vehicles.
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23278B-4-901 . Definitions.
233      As used in this part:
234   (1) "ADS-dedicated vehicle" means the same as that term is defined in Section 41-26-102.1.
235   (2) "ADS-equipped vehicle" means the same as that term is defined in Section 41-26-102.1.
236   (3) "Automated driving system" means the same as that term is defined in Section
23741-26-102.1.
238   (4) "Developer" means a person that designs, creates, or produces the software or
239algorithms that constitute an automated driving system.
240   (5) "Driverless operation" means the operation of a motor vehicle exclusively by a level
241four or level five automated driving system.
242   (6) "Dynamic driving task" means the same as that term is defined in Section 41-26-102.1.
243   (7) "Level five ADS" means the same as that term is defined in Section 41-26-102.1.
244   (8) "Level four ADS" means the same as that term is defined in Section 41-26-102.1.
245   (9) "Manufacturer" means a person that manufactures, assembles, or produces an
246ADS-equipped vehicle or the hardware components of an automated driving system.
247   (10) "Noneconomic loss" means nonpecuniary harm that results from an injury or loss to a
248person or property, including:
249(a) pain and suffering;
250(b) loss of society, consortium, companionship, care, assistance, attention, protection,
251advice, guidance, counsel, instruction, training, or education;
252(c) disfigurement;
253(d) mental anguish; or
254(e) other intangible loss.
255   (11) "Operational design domain" means the same as that term is defined in Section
25641-26-102.1.
257Section 5. Section 78B-4-902 is enacted to read:
25878B-4-902 . Limitation of award of noneconomic losses related to an automated
259   driving system.
260   (1) Subject to Subsections (2), (3), and (4), in an action relating to an ADS-equipped
261vehicle or an ADS-dedicated vehicle, the amount of the award for noneconomic losses,
262if any, may not exceed $1,000,000.
263   (2) The limit described in Subsection (1) does not apply to a claim for wrongful death.
264   (3) In an action relating to a level four ADS or level five ADS under this chapter, punitive
265damages may not be awarded.
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266  (4) For a claim brought under Section 78B-4-903, the recoverable amount may not exceed
267      the amount described in Subsection 78B-4-903(1)(c).
268Section 6. Section 78B-4-903 is enacted to read:
26978B-4-903 . Driverless operation liability.
270  (1)(a) This section applies only to an incident that occurred related to an ADS-dedicated
271      vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level
272      five ADS while the automated driving system is engaged and performing the entire
273      dynamic driving task.
274      (b) This section does not apply to an incident that involves any driving assistance or task
275not performed by the automated driving system.
276      (c) Notwithstanding Section 78B-4-902 and any other provision of law, the total amount
277recoverable by a plaintiff under this section, including all damages, costs, and fees,
278may not exceed $100,000.
279      (d) A prevailing plaintiff may recover compensatory damages available under this
280section, subject to the limitation described in Subsection (1)(c).
281      (e) If a plaintiff recovers damages under this section, that recovery is the exclusive civil
282remedy for injury or property damage arising out of the operation of a level four ADS
283or level five ADS.
284  (2)(a) A person who suffers injury or property damage directly caused by an
285      ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level
286      four ADS or level five ADS while the automated driving system is engaged and
287      performing the entire dynamic driving task has a right of action under this section.
288      (b) A person who suffers injury or property damage directly caused by an
289ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level
290four ADS or level five ADS while the automated driving system is engaged and
291performing the entire dynamic driving task may bring an action against:
292(i) the registered owner of the ADS-equipped vehicle; or
293(ii) a person that dispatched the ADS-equipped vehicle into driverless operation,
294including a driverless operation dispatcher or an on-demand autonomous vehicle
295network.
296  (3) A plaintiff establishes liability under this section by proving, by a preponderance of the
297      evidence, that:
298      (a) the automated driving system was engaged at the time of the incident; and
299      (b) the automated driving system was a proximate cause of the injury or property
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300damage.
301   (4) Any liability established under this section may be mitigated in proportion to the degree
302that the claimant's or a third party's negligence, recklessness, or breach of duty of care
303contributed to the occurrence of the incident or the resulting harm.
304   (5) A plaintiff bringing an action under this section is not required to prove negligence,
305breach of duty, or product defect.
306Section 7. Section 78B-4-904 is enacted to read:
30778B-4-904 . Limitation of causes of action against manufacturers and developers
308   of automated driving systems.
309   (1) A manufacturer or developer of a level four ADS or level five ADS is not subject to
310liability under a theory of negligence for personal injury, death, or property damage
311arising from the operation of an ADS-dedicated vehicle or an ADS-equipped vehicle
312equipped with level four ADS or level five ADS while the automated driving system is
313engaged.
314   (2) A manufacturer or developer of a level four ADS or level five ADS may be held liable
315for personal injury, death, or property damage arising from the operation of an
316automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle
317only under:
318(a) Section 78B-4-903; or
319(b) Chapter 6, Part 7, Utah Product Liability Act, if the plaintiff establishes the elements
320required under that part.
321   (3) Nothing in this section affects:
322(a) the liability of any person or entity other than a manufacturer or developer of a level
323four ADS or level five ADS; or
324(b) the application of comparative fault under Section 78B-5-818 to reduce a plaintiff's
325recovery based on the plaintiff's own conduct.
326   (4) For purposes of this section, a claim alleging that a manufacturer or developer of a level
327four ADS or level five ADS was negligent in the design, development, testing,
328manufacture, or deployment of the automated driving system is a product liability claim
329subject to Chapter 6, Part 7, Utah Product Liability Act, and not a claim for ordinary
330negligence.
331Section 8. Section 78B-6-702 is amended to read:
33278B-6-702 . Definitions.
333      [       As used in this part, "unreasonably dangerous" means that the product was
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334  dangerous to an extent beyond which would be contemplated by the ordinary and prudent
335  buyer, consumer, or user of that product in that community considering the product's
336  characteristics, propensities, risks, dangers, and uses together with any actual knowledge,
337  training, or experience possessed by that particular buyer, user, or consumer.]
338  As used in this part:
339  (1) "ADS-equipped vehicle" means the same as that term is defined in Section 41-26-102.1.
340  (2) "Automated driving system" means the same as that term is defined in Section
341      41-26-102.1.
342  (3) "State of the art knowledge" means the technical, mechanical, and scientific knowledge
343      of manufacturing, designing, testing, or labeling the same or similar products that was in
344      existence and reasonably feasible for use at the time of manufacture.
345  (4) "Unreasonably dangerous" means that the product was dangerous to an extent beyond
346      which would be contemplated by the ordinary and prudent buyer, consumer, or user of
347      that product in that community considering the product's characteristics, propensities,
348      risks, dangers, and uses together with any actual knowledge, training, or experience
349      possessed by that particular buyer, user, or consumer.
350Section 9. Section 78B-6-703 is amended to read:
35178B-6-703 . Defect or defective condition making product unreasonably
352  dangerous -- Rebuttable presumption.
353  (1) In any action for damages for personal injury, death, or property damage allegedly
354      caused by a defect in a product other than an ADS-dedicated vehicle or an
355      ADS-equipped vehicle described in Subsections (3) and (4), a product may not be
356      considered to have a defect or to be in a defective condition, unless at the time the
357      product was sold by the manufacturer or other initial seller, there was a defect or
358      defective condition in the product which made the product unreasonably dangerous to
359      the user or consumer.
360  (2) There is a rebuttable presumption that a product described in Subsection (1) is free from
361      any defect or defective condition where the alleged defect in the plans or designs for the
362      product or the methods and techniques of manufacturing, inspecting and testing the
363      product were in conformity with government standards established for that industry
364      which were in existence at the time the plans or designs for the product or the methods
365      and techniques of manufacturing, inspecting and testing the product were adopted.
366  (3) In any action for damages for personal injury, death, or property damage allegedly
367      caused by a defect in the automated driving system operation of a level four ADS or
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368level five ADS of an ADS-equipped vehicle or an ADS-dedicated vehicle, the
369automated driving system may not be considered to have a defect or to be in a defective
370condition, unless the plaintiff proves by a preponderance of the evidence that:
371(a) a reasonable and feasible alternative design existed at the time the level four ADS or
372level five ADS was designed and manufactured; and
373(b) the use of the automated driving system, at scale and in the aggregate, causes more
374injuries to persons than would be caused by humans performing a similar task, at
375scale and in the aggregate, without an automated driving system.
376   (4) There is a rebuttable presumption that a level four ADS or level five ADS is free from
377any defect or defective condition if the automated driving system:
378(a) conforms to all applicable U.S. federal motor vehicle safety, bumper, and theft
379prevention standards in effect on the date of the vehicle's manufacture; and
380(b) was authorized for use or operation in the state.
381Section 10. Section 78B-6-708 is enacted to read:
38278B-6-708 . State of the art affirmative defense against product liability for an
383   automated driving system.
384      In an action based upon defective design, manufacture, or failure to warn related to the
385   automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle that is
386   equipped with a level four ADS or level five ADS brought against the manufacturer or
387   developer of the automated driving system, liability is precluded if:
388   (1) the manufacturer or developer complied with the state of the art knowledge of scientific
389and technical knowledge and other circumstances that existed at the time of
390manufacture; or
391   (2) the automated driving system when deployed reduces injuries to persons, in the
392aggregate, as compared to humans conducting the same activity.
393Section 11. Effective Date.
394   This bill takes effect on May 6, 2026.
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