BILL NUMBER: SB 1298 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY AUGUST 7, 2012
AMENDED IN ASSEMBLY JUNE 19, 2012
AMENDED IN SENATE APRIL 16, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Padilla
FEBRUARY 23, 2012
An act to add Division 16.6 (commencing with Section 38750) to the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1298, as amended, Padilla. Vehicles: autonomous vehicles:
safety and performance requirements.
Existing law requires the Department of the California Highway
Patrol to adopt rules and regulations that are designed to promote
the safe operation of specific vehicles, including, among other
things, schoolbuses and commercial motor vehicles. Existing law also
requires the Department of Motor Vehicles to register vehicles that
are being operated in this state and to issue a license plate to an
applicant for the operation and identification of that person's
vehicle.
This bill would authorize the operation of an autonomous vehicle,
as defined, on public roads for testing purposes , by a
driver who possesses the proper class of license for the type of
vehicle being operated , or without the presence of a driver
inside the vehicle, if an application is
submitted to the Department of Motor Vehicles and specified
conditions requirements are met ,
including that the driver be seated in the driver's seat, monitoring
the safe operation of the autonomous vehicle, and capable of taking
over immediate manual control of the autonomous vehicl e
in the event of an autonomous technology failure or other emergency.
The bill would prohibit, except as provided for testing purposes, the
operation of such a vehicle on public roads until the manufacturer
submits an application to the department that includes various
certifications, including a certification that the autonomous
technology satisfies certain requirements, and the application is
approved by the department pursuant to the regulations that the
department would be required to adopt . The department
would be authorized to charge a fee for the application in an amount
necessary to recover all costs reasonably incurred by the
department. In cases in which the autonomous vehicle is to be
operated on public roads for testing purposes, the bill would
require, among other things, that the driver be seated in the driver'
s seat, monitoring the safe operation of the autonomous vehicle, and
capable of taking over immediate manual control of the autonomous
vehicle in the event of an autonomous technology failure or other
emergency. To otherwise operate an autonomous vehicle on public
roads, the bill would require the manufacturer of the autonomous
technology to provide an autonomous vehicle that satisfies specific
criteria. If there is no person in the driver's seat, the operator is
the person who causes the autonomous technology to engage in the
vehicle, and the bill would authorize the department to impose
additional requirements it deems necessary to ensure the safe
operation of that vehicle. The bill would require
that one of the certifications to specify
that the autonomous vehicle's technology meets Federal Motor
Vehicle Safety Standards for the vehicle's model year and all other
applicable safety standards and performance requirements set forth in
state and federal law and the regulations promulgated pursuant to
those laws.
The bill would require , prior to January 1, 2014,
that the Department of Motor Vehicles adopt regulations
as soon as practicable, but no later than January 1,
2015, setting forth requirements for the submission
and of evidence of insurance, surety bond, or
self-insurance required by the bill and requirements for the
submission or approval of an application to operate an
autonomous vehicle, including any testing , equipment, or
performance standards, as specified, and to hold public
hearings on the adoption of any regulation applicable to the
operation of an autonomous vehicle without the presence of a driver
inside the vehicle. The bill would provide that federal regulations
promulgated by the National Highway Traffic Safety Administration
supersede state law or regulation when found to be in conflict.
The
The bill would require the department to approve an
application submitted by a manufacturer upon making specified
findings and would authorize the department to impose additional
requirements if the application seeks approval for
autonomous vehicles where there is no person in the driver's seat.
The bill would also require the department to notify the
Legislature of the receipt of an application from a manufacturer
seeking approval to operate an autonomous vehicle capable of
operating without the presence of a driver inside the vehicle and the
approval of the application. The bill would provide that approval of
the application is effective no sooner than 180 days after the date
the application is submitted.
The department would be authorized to charge a fee for the
application in an amount necessary to recover all costs reasonably
incurred by the department.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Development is actively under way of new technology that,
through the use of computers, sensors, and other systems, permits a
motor vehicle to operate without the active control and continuous
monitoring of a human operator. Motor vehicles with this technology,
referred to as "autonomous vehicles," offer significant potential
safety, mobility, and commercial benefits for individuals and
businesses in the state and elsewhere.
(b) Autonomous vehicles have been operated safely on public roads
in the state in recent years by entities developing and testing this
technology.
(c) The State of California, which presently does not prohibit or
specifically regulate the operation of autonomous vehicles, desires
to encourage the current and future development, testing, and
operation of autonomous vehicles on the public roads of the state.
The state seeks to avoid interrupting these activities while at the
same time creating appropriate rules intended to ensure that the
testing and operation of autonomous vehicles in the state are
conducted in a safe manner.
(d) Toward that end, the Legislature finds it appropriate to
authorize the establishment of specific safety requirements for the
testing and operation of autonomous vehicles, and to require that
future testing and operation of autonomous vehicles in the state
comply with those requirements.
SEC. 2. Division 16.6 (commencing with Section 38750) is added to
the Vehicle Code, to read:
DIVISION 16.6. Autonomous Vehicles
38750. (a) For purposes of this division, the following
definitions apply:
(1) "Autonomous technology" means technology that has the
capability to drive a vehicle without the active physical control or
monitoring by a human operator.
(2) (A) "Autonomous vehicle" means any vehicle equipped with
autonomous technology that has been integrated into that vehicle.
(B) An autonomous vehicle does not include a vehicle that is
equipped with one or more collision avoidance systems, including, but
not limited to, electronic blind spot assistance, automated
emergency braking systems, park assist, adaptive cruise control, lane
keep assist, lane departure warning, traffic jam and queuing assist,
or other similar systems that enhance safety or provide driver
assistance, but are not capable, collectively or singularly, of
driving the vehicle without the active control or monitoring of a
human operator.
(3) "Department" means the Department of Motor Vehicles.
(3)
( 4) An "operator" of an autonomous vehicle
is the person who is seated in the driver's seat, or if there is no
person in the driver's seat, causes the autonomous technology to
engage.
(4)
( 5) A "manufacturer" of autonomous
technology is the person as defined in Section 470 that originally
manufactures a vehicle and equips autonomous technology on the
originally completed vehicle or, in the case of a vehicle not
originally equipped with autonomous technology by the vehicle
manufacturer, the person that modifies the vehicle by installing
autonomous technology to convert it to an autonomous vehicle after
the vehicle was originally manufactured.
(b) An autonomous vehicle may be operated on public roads for
testing purposes by a driver who possesses the proper class of
license for the type of vehicle being operated if either of
the following applies all of the following
requirements are met :
(1) The autonomous vehicle is being operated on roads in this
state solely by employees, contractors, or other persons designated
by the manufacturer of the autonomous technology for testing
purposes. The technology.
(2) The driver shall be seated in
the driver's seat, monitoring the safe operation of the autonomous
vehicle, and capable of taking over immediate manual control of the
autonomous vehicle in the event of an autonomous technology failure
or other emergency. Prior
(3) Prior to the start of testing
in this state, the person manufacturer
performing the testing shall obtain an instrument of insurance,
surety bond, or proof of self-insurance as specified in
regulations adopted by the Department of Motor Vehicles pursuant to
paragraph (1) of subdivision (d), in the amount of five million
dollars ($5,000,000) .
(2) The
manufacturer of the autonomous technology provides all of the
following: in the amount of five million dollars
($5,000,000), and shall provide evidence of the insurance, surety
bond, or self-insurance to the department in the form and manner
required by the department pursuant to the regulations adopted
pursuant to subdivision (d).
(c) Except as provided in subdivision (b), an autonomous vehicle
shall not be operated on public roads until the manufacturer submits
an application to the department, and that application is approved by
the department pursuant to the regulations adopted pursuant to
subdivision (d). The application shall contain, at a minimum, all of
the following certifications:
(1) A certification by the manufacturer that the autonomous
technology satisfies all of the following requirements:
(A) The autonomous vehicle has a mechanism to engage
and disengage the autonomous technology that is easily accessible to
the operator.
(B) The autonomous vehicle has a visual indicator inside the cabin
to indicate when the autonomous technology is engaged.
(C) The autonomous vehicle has a system to safely alert the
operator if an autonomous technology failure is detected while the
autonomous technology is engaged, and when an alert is given, the
system shall do either of the following:
(i) Require the operator to take control of the autonomous
vehicle.
(ii) If the operator does not or is unable to take control of the
autonomous vehicle, the autonomous vehicle shall be capable of coming
to a complete stop.
(D) The autonomous vehicle shall allow the operator to take
control in multiple manners, including, without limitation, through
the use of the brake, the accelerator pedal, or the steering wheel,
and it shall alert the operator that the autonomous technology has
been disengaged.
(E) The autonomous vehicle's autonomous technology meets Federal
Motor Vehicle Safety Standards for the vehicle's model year and all
other applicable safety standards and performance requirements set
forth in state and federal law and the regulations promulgated
pursuant to those laws.
(F) The autonomous technology does not make inoperative any
Federal Motor Vehicle Safety Standards for the vehicle's model year
and all other applicable safety standards and performance
requirements set forth in state and federal law and the regulations
promulgated pursuant to those laws.
(G) The autonomous vehicle has a separate mechanism, in addition
to, and separate from, any other mechanism required by law, to
capture and store the autonomous technology sensor data for at least
30 seconds before a collision occurs between the autonomous vehicle
and another vehicle, object, or natural person while the vehicle is
operating in autonomous mode. The autonomous technology sensor data
shall be captured and stored in a read-only format by the mechanism
so that the data is retained until extracted from the mechanism by an
external device capable of downloading and storing the data. The
data shall be preserved for three years after the date of the
collision.
(c) Except as provided in paragraph (1) of subdivision (b), an
autonomous vehicle may not be operated on public roads unless the
manufacturer first submits an application to the Department of Motor
Vehicles that contains, at a minimum, all of the following:
(1) A certification by the manufacturer that the autonomous
technology meets all of the requirements of paragraph (2) of
subdivision (b).
(2) A certification that the manufacturer has tested the
autonomous technology on public roads and has complied with the
testing standards, if any, established by the Department of
Motor Vehicles department pursuant to
paragraph (1) of subdivision (d).
(3) A certification that the manufacturer will maintain a surety
bond, or proof of self-insurance as specified in regulations adopted
by the Department of Motor Vehicles
department pursuant to paragraph (1) of
subdivision (d), in an amount of five million dollars ($5,000,000).
(d) Prior to (1) As
soon as practicable, but no later than January 1, 2014
2015 , the Department of Motor
Vehicles department shall adopt regulations
setting forth requirements for the submission and approval
of an application to operate an autonomous vehicle pursuant to this
division and shall hold public hearings on the adoption of any
regulation applicable to the operation of an autonomous vehicle
without the presence of a driver inside the vehicle. The regulations
shall include any testing standards, in addition to those established
by paragraph (1) of subdivision (b), developed by the Department of
the California Highway Patrol (CHP), the Institute of Transportation
Studies at the University of California, or any other entity chosen
by the department that has expertise in automotive technology,
automotive safety, and autonomous system design that the department
approves and concludes are necessary to ensure the safe operation of
autonomous vehicles on public roads. The department may establish
additional requirements by the adoption of regulations, which it
determines, in consultation with the CHP, are necessary to ensure the
safe operation of autonomous vehicles on public roads, including
regulations regarding the number of deployments of autonomous
vehicles on public roads. of evidence of insurance,
surety bond, or self-insurance required by subdivision (b), and the
submission and approval of an application to operate an autonomous
vehicle pursuant to subdivision (c).
(2) The regulations shall include any testing, equipment, and
performance standards, in addition to those established for purposes
of subdivision (b), that the department concludes are necessary to
ensure the safe operation of autonomous vehicles on public roads,
with or without the presence of a driver inside the vehicle. In
developing these regulations, the department may consult with the
Department of the California Highway Patrol, the Institute of
Transportation Studies at the University of California, or any other
entity identified by the department that has expertise in automotive
technology, automotive safety, and autonomous system design.
(3) The department may establish additional requirements by
the adoption of regulations, which it determines, in consultation
with the Department of the California Highway Patrol, are necessary
to ensure the safe operation of autonomous vehicles on public roads,
including, but not limited to, regulations regarding the aggregate
number of deployments of autonomous vehicles on public roads, special
rules for the registration of autonomous vehicles, new license
requirements for operators of autonomous vehicles, and rules for
revocation, suspension, or denial of any license or any approval
issued pursuant to this division.
(4) The department shall hold public hearings on the adoption
of any regulation applicable to the operation of an autonomous
vehicle without the presence of a driver inside the vehicle.
(e) (1) The Department of Motor
Vehicles department shall approve an application
submitted by a manufacturer pursuant to subdivision (c)
upon verification that the manufacturer has submitted test results
demonstrating if it finds that the applicant has
submitted all information and completed testing necessary to satisfy
the department that the autonomous vehicles are safe to operate
on public roads and the applicant has complied with
all requirements specified in the regulations adopted by the
department pursuant to subdivision (d) .
Notwithstanding the foregoing
(2) Notwithstanding
paragraph (1) , if the application seeks approval for
autonomous vehicles capable of operating without the presence of a
driver inside the vehicle, the department may impose additional
requirements it deems necessary to ensure the safe operation of those
vehicles, and may require the presence of a driver in the driver's
seat of the vehicle if it determines, based on its review of
the testing conducted by the manufacturer pursuant to
paragraph (1) , that such a requirement is necessary to ensure
the safe operation of those vehicles on public roads. The
Department of Motor Vehicles department shall
notify the Legislature of the receipt of an application from a
manufacturer seeking approval to operate an autonomous vehicle
capable of operating without the presence of a driver inside the
vehicle and approval of the application. Approval of the application
shall be effective no sooner than 180 days after the date the
application is submitted.
(f) Nothing in this division shall limit or expand the existing
authority to operate autonomous vehicles on public roads, until 120
days after the Department of Motor Vehicles
department adopts the regulations authorized
required by this subdivision
paragraph (1) of subdivision (d) .
(g) Federal regulations promulgated by the National Highway
Traffic Safety Administration shall supersede the provisions of this
division when found to be in conflict with any other state law or
regulation.
(h) The manufacturer of the autonomous technology installed on a
vehicle shall provide a written disclosure to the purchaser of an
autonomous vehicle that describes what information is collected by
the autonomous technology equipped on the vehicle. The
Department of Motor Vehicles department may
promulgate regulations to assess a fee upon a manufacturer that
submits an application pursuant to subdivision (c) to operate
autonomous vehicles on public roads in an amount necessary to recover
all costs reasonably incurred by the department.