BILL ANALYSIS Ó
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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
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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
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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
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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
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SUPPORT/OPPOSITION: SEE ABOVE
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