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  ****