AI Frontier Institute

Autonomous Systems Amendments

View primary source →

Utah S.B. 292 (Autonomous Systems Amendments) became law after the governor signed it on 2026-03-23. It takes effect May 6, 2026 (Section 11). The law changes how liability works for automated driving systems (ADS) and the vehicles that use them. Definitions: Section 1 amends Section 41-26-102.1. It adds "ADS-equipped vehicle" and adds conformity to federal motor vehicle safety, bumper, and theft prevention standards to the ADS-dedicated vehicle and ADS definitions. It replaces the state's own level three, four, and five ADS definitions with references to SAE J3016_202104 (April 2021 edition). It also adds a "level two DAS" definition. Section 2 amends 41-26-104 so the ADS is responsible for compliant operation of an ADS-equipped vehicle, not just an ADS-dedicated vehicle, while the ADS is engaged. Damages caps (78B-4-902): In actions involving ADS-equipped or ADS-dedicated vehicles, noneconomic loss awards may not exceed $1,000,000. The cap does not apply to wrongful death claims. Punitive damages may not be awarded in actions involving level four or five ADS. Driverless operation liability (78B-4-903): This section covers incidents involving level four or five ADS operation while the ADS is engaged and performing the entire dynamic driving task. - A person who suffers injury or property damage directly caused by such a vehicle has a right of action against the registered owner, or against a person who dispatched the vehicle into driverless operation. That includes a dispatcher or an on-demand autonomous vehicle network. - The plaintiff must show by a preponderance of the evidence that the ADS was engaged and was a proximate cause of the harm. The plaintiff does not have to prove negligence, breach of duty, or product defect. - Total recovery, including damages, costs, and fees, is capped at $100,000. - A recovery under this section is the exclusive civil remedy for that injury or damage. - Liability may be reduced in proportion to the negligence, recklessness, or breach of duty of the claimant or a third party. Manufacturers and developers (78B-4-904): Manufacturers and developers of level four or five ADS are not liable in negligence for harm arising from operation while the ADS is engaged. They may be held liable only under 78B-4-903 or the Utah Product Liability Act (Chapter 6, Part 7). Negligence claims about design, development, testing, manufacture, or deployment are treated as product liability claims. Liability of other persons and comparative fault under 78B-5-818 are unaffected. Product liability changes: - Section 8 amends 78B-6-702 to add definitions, including "state of the art knowledge". - Section 9 amends 78B-6-703. For level four or five ADS, a plaintiff must prove two things by a preponderance of the evidence before the system can be considered defective. First, a reasonable and feasible alternative design existed. Second, using the ADS at scale and in the aggregate causes more injuries than humans doing a similar task would. - Section 9 also creates a rebuttable presumption that a level four or five ADS is free of defects if it meets applicable federal standards and was authorized for use in the state. - Section 10 enacts 78B-6-708, an affirmative defense. Liability for defective design, manufacture, or failure to warn is precluded if the manufacturer or developer complied with state of the art knowledge at the time of manufacture, or if the deployed ADS reduces injuries in the aggregate compared with humans doing the same activity. Sunset: Section 3 amends 63I-1-278 to repeal on July 1, 2030 the new Title 78B, Chapter 4, Part 9, along with the new ADS definitions in 78B-6-702, Subsections 78B-6-703(3) and (4), and Section 78B-6-708. This provides the required sunset review.

← Back to the tracker