A 3968 New Jersey General Assembly · 2026-2027 Regular Session

Establishes fully autonomous vehicle pilot program.*

This bill creates a five-year pilot program to test fully autonomous vehicles in New Jersey, requiring companies and institutions (called "autonomous vehicle testers") to obtain approval from the Motor Vehicle Commission before operating these vehicles. Participants must register vehicles, carry at least $5 million in liability insurance, and ensure operators are licensed, sober, and capable of taking manual control at any time. A task force of safety officials, industry experts, and consumer advocates will oversee the program, address safety concerns like collisions or cyberattacks, and provide quarterly reports. Testing will occur in controlled facilities and designated public road sections, with strict safety protocols to protect the public while allowing evaluation of autonomous technology.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Jun 1, 2026
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What changed between versions

Introduced Assembly Committee Substitute · 17 edits
MAJOR
The Assembly Committee Substitute substantially restructures the autonomous vehicle pilot program bill by shifting lead regulatory authority from the Motor Vehicle Commission to the Department of Transportation, shortening the pilot from five years to three years, and narrowing scope to fully autonomous vehicles only. It adds a detailed authorization process, permits driverless operation after 50,000 miles of testing, establishes a new enforcement procedure with due process protections, adds consumer disclosure requirements for partial automation features, and includes a preemption clause blocking local governments from imposing additional AV-specific regulations.
SCOPE

Lead agency changed from the Motor Vehicle Commission (with DOT in consultation) to the Department of Transportation (with the commission in consultation), making DOT the primary regulator of the pilot program.

Bill title and scope narrowed from 'autonomous vehicle pilot program' to 'fully autonomous vehicle pilot program,' limiting applicability to Level 4-5 automation vehicles only.

New preemption clause (Section 12) declares DOT the sole and exclusive state agency for implementing the bill and prohibits any state agency, municipality, or local entity from banning AV operation or imposing additional taxes, fees, or requirements specific to fully autonomous vehicles.

Task force expanded from 5 members to 9 with specific composition including a motor vehicle dealer representative, a department representative, and two commission representatives. Appointment authority shifted from the commission to the department.

All provisions regarding commercial truck operation and platooning of fully autonomous vehicles were removed entirely.

TIMELINE

Pilot program duration shortened from five years to three years.

REQUIREMENT

New provision (subsection e) allows operation without a human driver if the manufacturer demonstrates at least 50,000 miles of testing in the proposed operational design domain and 50,000 miles on public roadways in the State without a major incident (or the vehicle was not at fault).

New authorization process requiring testers to apply to DOT with a law enforcement interaction plan, pay an application fee, provide vehicle information, and certify compliance. Authorization holders must update information within 30 days of material changes.

New Section 7 requires motor vehicle dealers or manufacturers selling vehicles with partial automated driving systems to provide written disclosure of each feature's function, capabilities, and limitations, and prohibits marketing that implies full autonomy. Violations are treated as consumer fraud act violations enforceable by the Attorney General.

New Section 6 prohibits fully autonomous vehicles from operating in school zones, construction zones, or areas with high rates of pedestrian collisions as determined by the department.

Commissioner must establish guidelines prohibiting operation of fully autonomous vehicles during extreme weather, emergency service situations, power outages, and other circumstances as determined.

Vehicle requirements expanded to include capability to achieve a minimal risk condition, motor vehicle liability coverage at or above state minimums, compliance with Title 39 and NHTSA standards, federal certification label when required, and any additional commissioner-determined requirements.

DEFINITION

When the automated driving system is engaged, it is deemed the 'human driver' for purposes of traffic law compliance and is considered licensed to operate the vehicle.

'Fleet service provider' renamed to 'fleet service specialist'; 'operator' replaced with 'human driver' defined as the individual seated in the driver's seat who controls all or part of the dynamic driving task. New definitions added for 'authorization holder,' 'DDT fallback,' 'first responder interaction plan,' 'law enforcement interaction plan,' 'minimal risk condition,' and 'urban area.'

ENFORCEMENT

Entirely new Section 3 establishes a detailed enforcement procedure: notice of intent identifying safety risks, a cure period for the authorization holder to correct issues and provide certification, commissioner review within 10 days, and a hearing before an administrative law judge within 30 days if the decision is upheld.

Crash reporting changed from a flat 48-hour requirement to 5 calendar days after receiving notice, with specific triggering criteria (public road, ADS engaged within 30 seconds before crash, fatality/hospital transport/airbag deployment/pedestrian impact). Reports must follow NHTSA Standing General Order format. Department must post data on its website and transmit to NHTSA and NTSB every other month. Civil penalty added for failure to report.

ELIGIBILITY

New liability provision (Section 10) makes the autonomous vehicle tester liable for property damages, traffic law violations, and crash injuries or fatalities when operating without a human driver.

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Full legislative history

Actions timeline

Total actions
2
Key actions
0
Committee
1
Jun 1, 2026
Committee
Reported as an Assembly Committee Substitute and Referred to Assembly Appropriations Committee
lower
Jan 13, 2026
Introduced
Introduced, Referred to Assembly Science, Innovation and Technology Committee
lower
2 primary · 1 co-sponsor

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