2026 SESSION

INTRODUCED

26101911D

HOUSE BILL NO. 1124

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 46.2 a section numbered 46.2-1004.1, by adding a section numbered 46.2-2011.34, and by adding in Article 1 of Chapter 21 of Title 46.2 a section numbered 46.2-2140.1, relating to autonomous vehicles; operation; requirements; civil penalties; reports.

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Patron—Clark

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Referred to Committee on Transportation

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 10 of Title 46.2 a section numbered 46.2-1004.1, by adding a section numbered 46.2-2011.34, and by adding in Article 1 of Chapter 21 of Title 46.2 a section numbered 46.2-2140.1 as follows:

§ 46.2-1004.1. Operation of autonomous vehicles; compliance with federal law.

A. For purposes of this section:

"Automated driving system" means hardware and software that are collectively capable of performing all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, not including strategic functions such as trip scheduling and the selection of destinations and waypoints, regardless of whether the operation of such automated driving system is limited to a specific operational design domain.

"Autonomous vehicle" means a motor vehicle equipped with an automated driving system that is designed to function with or without a human operator.

B. No person shall operate an autonomous vehicle in the Commonwealth unless such vehicle complies with all applicable federal requirements, standards, and regulations for autonomous vehicles and automated driving systems.

§ 46.2-2011.34. Use of autonomous vehicles; operation; civil penalty; report.

A. For purposes of this section:

"Automated driving system" and "autonomous vehicle" mean the same as those terms are defined in § 46.2-1004.1.

"Human operator" means any natural person with a valid driver's license.

B. No autonomous vehicle shall be used in the transportation of passengers pursuant to this chapter unless such autonomous vehicle has a human operator who (i) meets any state and federal qualifications for the operation of an autonomous vehicle; (ii) is physically present in such autonomous vehicle; and (iii) has the ability to monitor the performance of such vehicle and intervene in the operation of such vehicle, including operating such vehicle without the use of the automated driving system and stopping and turning off such vehicle if necessary.

C. Any motor carrier subject to the provisions of this chapter who violates the provisions of this section shall be subject to a civil penalty of (i) $10,000 for a first violation and (ii) $25,000 for a second or subsequent violation. Additionally, the Department may revoke the respective license, permit, or certificate required pursuant to this chapter of any motor carrier who repeatedly violates the provisions of this section. Civil penalties collected pursuant to this section shall be paid to the Department for the administration of this section.

D. The Department shall annually submit a report on the use of autonomous vehicles as motor carriers for purposes of this chapter to the Chairs of the House and Senate Committees on Transportation no later than November 1. Such report shall include (i) a summary of violations of this section, impacts on public safety and the passenger carrier industry, and the number of reported disengagements, crashes, and other issues with the operation of such autonomous vehicles the Department has obtained and (ii) a recommendation on whether the requirement that a human operator be physically present in autonomous vehicles when operated pursuant to this section should be removed, modified, or maintained. In preparing such report, the Department shall consult with the Department of Transportation, the Department of State Police, and any other state agency it deems necessary to gather required or additional information for such report.

§ 46.2-2140.1. Use of autonomous vehicles; operation; civil penalty; report.

A. For purposes of this section:

"Automated driving system" and "autonomous vehicle" mean the same as those terms are defined in § 46.2-1004.1.

"Human operator" means any natural person with a valid driver's license.

B. No autonomous vehicle shall be used in the transportation of property pursuant to this chapter unless such autonomous vehicle has a human operator who (i) meets any state and federal qualifications for the operation of an autonomous vehicle; (ii) is physically present in such autonomous vehicle; and (iii) has the ability to monitor the performance of such vehicle and intervene in the operation of such vehicle, including operating such vehicle without the use of the automated driving system and stopping and turning off such vehicle if necessary.

C. Any motor carrier subject to the provisions of this chapter who violates the provisions of this section shall be subject to a civil penalty of (i) $10,000 for a first violation and (ii) $25,000 for a second or subsequent violation. Additionally, the Department may revoke the respective permit or certificate required pursuant to this chapter of any motor carrier who repeatedly violates the provisions of this section. Civil penalties collected pursuant to this section shall be paid to the Department for the administration of this section.

D. The Department shall annually submit a report on the use of autonomous vehicles as motor carriers for purposes of this chapter to the Chairs of the House and Senate Committees on Transportation no later than November 1. Such report shall include (i) a summary of violations of this section, impacts on public safety and the property carrier industry, and the number of reported disengagements, crashes, and other issues with the operation of such autonomous vehicles the Department has obtained and (ii) a recommendation on whether the requirement that a human operator be physically present in autonomous vehicles when operated pursuant to this section should be removed, modified, or maintained. In preparing such report, the Department shall consult with the Department of Transportation, the Department of State Police, and any other state agency it deems necessary to gather required or additional information for such report.