BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1298| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1298 Author: Padilla (D) Amended: 4/16/12 Vote: 21 SENATE TRANSPORTATION & HOUSING COMM : 8-0, 04/10/12 AYES: DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio, Simitian, Wyland NO VOTE RECORDED: Harman SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Autonomous vehicles SOURCE : Author DIGEST : This bill authorizes the operation of an autonomous vehicle, as defined, on public roads by a licensed driver if either of two conditions apply, as specified. However, this bill provides, until such time that an autonomous vehicle meets the requirements established by the National Highway Traffic Safety Administration (NHTSA) for the operation of autonomous vehicles without the presence of a licensed driver, the autonomous vehicle may not be operated on public roads unless a licensed driver is seated in the driver's seat of the vehicle. ANALYSIS : Existing law defines a vehicle as "a device by which any person or property may be propelled, moved, or CONTINUED SB 1298 Page 2 drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks." Existing law provides numerous rules governing the operation of vehicles on the state's public and private roads. It does not, however, require that a person drive a vehicle. This bill: 1.Defines "autonomous vehicle" as a vehicle equipped with technology that has the capability to drive the vehicle without the active control or continuous monitoring by a human operator. 2.Permits a licensed driver to operate an autonomous vehicle (i.e., turn the self-drive function on) on the state's highways and roads if either #A or #B are met. A. To operate the vehicle for testing purposes, an employee, contractor, or other person designated by the manufacturer of the autonomous technology must operate the vehicle from within the vehicle such that he or she has the ability to monitor the vehicle's performance and intervene. Prior to the start of testing, the entity performing the testing must obtain insurance of at least $5 million. B. To operate the vehicle in all other circumstances, the manufacturer of the autonomous technology must certify that: (1) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology, and it is easily accessible by the operator; (2) The autonomous vehicle has a visual indicator "inside the cabin" that shows when the autonomous technology is engaged; (3) The autonomous vehicle has an alert system to let the operator know if an autonomous technology failure occurs. When that alert occurs, the system must either require the operator to take control of the vehicle, or if the operator cannot, then the SB 1298 Page 3 autonomous vehicle must be equipped with technology capable of moving the vehicle safely out of traffic and to a complete stop; (4) If the autonomous technology requires a driver in the vehicle, the technology allows the driver to take control from the autonomous vehicle in multiple manners, including engaging the brake, accelerator, or steering wheel; (5) The autonomous technology meets all applicable federal safety standards and performance requirements; and (6) The autonomous technology does not adversely affect any federally mandated safety features on the vehicle. 1.Permits the California Highway Patrol, in consultation with the Department of Motor Vehicles, to recommend to the Legislature additional requirements for the safe operation of autonomous vehicles in California, including recommendation for the operation of an autonomous vehicle without the presence of a licensed driver. 2.Provides, until such time that an autonomous vehicle meets the requirements established by the NHTSA for the operation of autonomous vehicles without the presence of a licensed driver, the autonomous vehicle may not be operated on public roads unless a licensed driver is seated in the driver's seat of the vehicle. Comments The author states that despite the many safety improvements to the automobile since its invention, auto accidents remain a leading cause of death. The Centers for Disease Control (CDC) report that motor vehicle crashes are the leading cause of death among people 5 through 34 years old. In 2009, more than 2.3 million adult drivers and passengers were treated in emergency rooms as the result of being injured in motor vehicle crashes nationwide. According to NHTSA, in 2010, a total of 32,885 people died SB 1298 Page 4 in the United States in car accidents. More than 2,700 of these traffic fatalities were here in California. Car accidents also result in a significant economic impact. A 2005 CDC report found that the lifetime cost of crash-related deaths and injuries among drivers and passengers was $70 billion. The author states that the vast majority of traffic fatalities and injuries are due to human error, noting that a 2006 U.S. Department of Transportation study found that some form of driver error occurred in nearly 80% of car accidents. The author asserts that through the use of computers, sensors and other systems, an autonomous vehicle is capable of analyzing the driving environment more quickly and operating the vehicle more safely than a human being. The author introduced this bill to enable California to join other states in establishing safe testing and operation standards for autonomous vehicles. Last year, the Governor of Nevada signed a similar bill into law. In addition, Florida, Hawaii, Oklahoma, and Arizona are all currently considering autonomous vehicle legislation. The author and supporters note that as a global technology leader, California is uniquely positioned to be the leader in the deployment of autonomous technology and the manufacture of autonomous vehicles. The author states that this technology will not only save lives, it will create jobs. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/17/12) Automobile Club of Southern California California Foundation for Independent Living Centers Google TechAmerica TechNet JJA:nlm 5/17/12 Senate Floor Analyses SB 1298 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END ****