On October 26, the last day both chambers were in session before the November election, the Pennsylvania House and Senate both passed Rep. Donna Oberlander’s HB 2398, which provides additional opportunities for the operation of highly automated vehicles (HAVs) in the state with or without a human driver. The bill, which was supported by PMTA, allows PennDOT to publish guidelines related to the operation of HAVs and includes various policy and technical amendments.

After it is signed by Governor Wolf, HB 2398 will provide for the evaluation and commercial deployment of HAVs at Levels 3, 4, and 5, which is already permitted in 39 other states. A recent Pittsburgh-based study predicted that the HAV sector would contribute 5,000 jobs and $10 billion of impact for the southwestern PA economy if the region captures only 1% of the global market for growth in the industry.

HB 2398 amends section 3317 of the Vehicle Code (Platooning) to allow the lead vehicle to operate with a driver and one nonlead vehicle with an automated driving system (ADS) engaged, with or without a driver. It also removes the approval by PennDOT of the plan for general platooning operations and instead requires the person operating the platoon to file and review a plan with PennDOT, in consultation with the State Police and the PA Turnpike Commission as appropriate.

The bill, which is now before the Governor for signature, will ensure that Pennsylvania is positioned on the cutting edge in the promising field of highly automated vehicles. In the trucking sector, the legislation will allow the industry, including PMTA member Pittsburgh-based Locomation, to take advantage of significant efficiencies that help move critical supplies and commodities safely and responsibly.

Importantly, HB 2398 was amended in the Senate to include language supported by PMTA to increase the penalties for catalytic converter theft, an increasing problem in the industry.

Grading of the offense related to the theft of catalytic converters is as follows:

• 1) A misdemeanor of the third degree if the value of the catalytic converter is less than $50;
• 2) A misdemeanor of the second degree if the value of the catalytic converter is between $50 and less than $200;
• 3) A misdemeanor of the first degree if the value of the catalytic converter is between $200 or more but less than $1,000; and
• 4) A felony of the third degree if the value of the catalytic converter is $1,000 or more.

Following the Governor’s signature, HB 2398 takes effect as follows:

• The amendment providing an option to indicate an HAV on a certificate of title: 1 year
• The addition of Section 3723 (relating to theft of catalytic convert): 60 days;
• The provisions preempting and superseding all ordinances, policies and rules relating to HAVs: immediately; and
• The remainder of this act: 240 days.