A bipartisan bill would authorize the operation of autonomous vehicles (AVs) on Washington’s public roadways. SB 5594, from Sens. Matt Boehnke (R–Kennewick) and Joe Nguyen (D–Seattle), builds off the 2023 version of the same bill from Sen. Boehnke, with several changes.

The bill establishes several regulatory and safety requirements governing AVs, including:

• A process by which a person operating an AV must self-certify to the Dept. of Licensing that the AV:
  • Presents a “minimal risk condition,” as defined by the bill, if the automated driving system (ADS) fails.
  • Operates in compliance with motor vehicle safety laws.
  • Meets all registration, licensing, and insurance requirements.
• A law enforcement interaction plan that covers:
  • How to communicate with a fleet support specialist.
  • How to safely remove the autonomous motor vehicle from the roadway.
  • How to recognize whether the ADS is engaged.
  • How to detect and ensure the ADS has been deactivated.
  • Where to obtain registration and insurance information inside of the AV.
• An AV crash reporting requirement through February 1, 2029.
• Authority for DOL to suspend or revoke an AV registration under certain circumstances.

While the bill indicates that local governments may exercise existing authority not in conflict with the legislation, it also stipulates that a local government may not prohibit the operation of autonomous vehicles on their roads, or enact or enforce rules that would impose taxes, fees, or other requirements, including performance standards. This creates confusion and potential conflict for jurisdictions that currently impose fees or additional regulations.

This year’s draft of SB 5594 is an update to a 2023 draft that failed to pass. For a refresher of the bill as originally introduced, read AWC’s previous coverage.

A separate proposal, newly introduced this year, also seeks to regulate the operation of AVs in the state. SB 5872, from Sen. John Lovick (D-Mill Creek), would require:

• An AV registered in WA to meet federal standards and regulations for a motor vehicle.
• A human safety operator to be physically present in an AV driving on a highway and transporting passengers or goods.
  • The safety operator would be needed to monitor the AV’s performance and, if necessary, to intervene by operating, stopping, or shutting off the vehicle.
• A human safety operator to meet all state and federal requirements to operate a motor vehicle and an AV.
• AVs used for the purposes of testing to meet the above requirements.

Dates to remember

SB 5594 and SB 5872 are scheduled for public hearing in the Senate Transportation Committee on Tuesday, January 30 at 4 pm.