BILL ANALYSIS Ó SB 1298 Page 1 Date of Hearing: June 25, 2012 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair SB 1298 (Padilla) - As Amended: June 19, 2012 SENATE VOTE : 37-0 SUBJECT : Autonomous vehicles SUMMARY : Establishes conditions for the operation of autonomous vehicles upon public roadways. Specifically, this bill : 1)Makes legislative findings and declarations regarding new technologies that permit motor vehicles to operate without the active control and continuous monitoring of a human operator and the need to encourage the current and future development, testing, and operation of autonomous vehicles on the state's public roads. 2)Defines "autonomous technology" as a technology that has the capability to drive a vehicle without the active physical control or continuous monitoring by a human operator. 3)Defines an "autonomous vehicle" as any vehicle equipped with autonomous technology that has been integrated into that vehicle. 4)Specifies that 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. 5)Defines an "operator" of an autonomous vehicle as the person who is seated in the driver's seat or causes the autonomous technology to engage. 6)Defines a "manufacturer" of autonomous technology as the person who originally manufactures a vehicle and equips SB 1298 Page 2 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. 7)Allows an autonomous vehicle to be operated on public roads by a driver who possesses the proper license for the vehicle being operated if it 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. Under this scenario, the driver must be seated in the driver's seat, monitoring the safe operation of the autonomous vehicle, and shall be capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. Prior to the start of testing in this state, the person performing the testing must obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of $5 million dollars. 8)Allows, alternatively, such vehicles to be operated on public roads if the manufacturer of the autonomous technology provides all of the following: 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 does either of the following: i) Require the operator to take control of the autonomous vehicle. ii) Allow the autonomous vehicle to come to a complete stop if the operator does not or is unable to SB 1298 Page 3 take control of the autonomous vehicle. d) The autonomous vehicle allows 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 alerts 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 thirty 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 must 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. Such data must be preserved for three years after the date of the collision. 1)Prohibits an autonomous vehicle from being operated on public roads unless a licensed driver is seated in the driver's seat of the vehicle until such time that an autonomous vehicle meets the requirements established by the National Highway Traffic Safety Administration (NHTSA) or the State of California establishes regulations or standards for the operation of autonomous vehicles. 2)Sunsets the above prohibition on January 1, 2017. SB 1298 Page 4 3)Prohibits an autonomous vehicle from being operated on public roads, other than by manufacturers' representatives for testing purposes, unless the manufacturer first submits an application to the Department of Motor Vehicles (DMV) that contains, at a minimum, a certification by the manufacturer that the autonomous technology meets all of the required capabilities described above; that the manufacturer has tested the autonomous technology on public roads; and that the manufacturer will maintain a surety bond, or proof of self-insurance, in an amount of $5 million to compensate for losses due to injuries or property damage caused by a defect in the autonomous technology. 4)Allows DMV, prior to January 1, 2014, to adopt regulations setting forth requirements for the submission and approval of an application to operate autonomous vehicles pursuant to these provisions. 5)Allows DMV to establish additional requirements by rule which it determines, in consultation with the California Highway Patrol (CHP), are necessary to ensure the safe operation of autonomous vehicles on public roads. 6)Provides that this bill does not limit or expand the existing authority to operate autonomous vehicles on public roads, until 120 days after DMV adopts those regulations. 7)Provides that federal regulations promulgated by the NHTSA will supersede this bill's provisions when found to be in conflict with them. EXISTING LAW : 1)Defines a vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks." 2)Provides numerous rules governing the operation of vehicles on the state's public and private roads but does not, however, require that a person drive the vehicle. FISCAL EFFECT : Unknown. This bill was withdrawn from the Senate Appropriations Committee pursuant to Senate Rule 28.8. SB 1298 Page 5 COMMENTS : The author notes 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) reports 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. Additionally, according to NHTSA, in 2010, a total of 32,885 people died in the United States in car accidents. More than 2,700 of these traffic fatalities were in California. Car accidents also result in a significant economic cost. A 2005 CDC report found that the lifetime cost of crash-related deaths and injuries among drivers and passengers was $70 billion. The author points out 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 a vehicle more safely than a human being. And, as supporters point out, driverless vehicles hold the promise of tremendous mobility opportunities for individuals whose physical conditions render them unable to drive themselves. This bill is intended to enable California to join several other states in seeking safe testing and operational standards for autonomous vehicles. Last year, the State of Nevada enacted a similar bill into law. (The Nevada DMV recently issued to Google the first license in that state to test autonomous vehicles.) In addition, Florida recently passed legislation and Hawaii, Oklahoma, and Arizona are all currently considering legislation regarding autonomous vehicles. 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. He states that this technology will not only save lives, it will create jobs. The federal government has yet to regulate autonomous vehicles in any fashion. NHTSA, the entity responsible for developing SB 1298 Page 6 Federal Motor Vehicle Safety Standards, has yet to initiate a process to develop standards for autonomous vehicle technology, and even once it does so, it likely will take several years to finalize those standards. It is not uncommon, however, for federal standards to lag innovation in the auto industry and for manufacturers to add safety improvements to vehicles prior to the development of applicable standards. Clearly, technology in this area is advancing dramatically and it is logical and desirable that California, home to many of the world's technology giants, should be in the vanguard of the development of autonomous vehicles. But the move to driverless automotive transportation cannot be embarked upon without careful consideration. The current version of this bill represents a sincere attempt by the author and supporters to meet a variety of concerns and to balance numerous overlapping interests. There are, however, a number of issues that remain unresolved. First, automobile makers fear that when this technology is added on to the vehicles they have designed for use by human operators, they may be drawn into liability litigation upon an accident caused by the failure of that after-market equipment or of its installation rather than due to any inherent safety problem with the vehicle itself. Although the author asserts that existing tort law absolves them of any liability in such instances, the automakers understandably desire explicit language in the bill to make this clear. Secondly, privacy advocates are troubled by the ability of this technology to collect without restriction large amounts of data and are asking that data collection be limited to only that data that is necessary for the operation of the vehicle and that such data not be retained any longer than is necessary for the operation of the vehicle - unless the vehicle owner provides informed opt-in consent for such collection. Finally, some observers wonder if this bill is premature in providing a mechanism that potentially allows driverless operation, rather than waiting to pursue such statutory authorization at such time as extensive on-road experience SB 1298 Page 7 indicates it is timely to do so. Suggested Committee amendments : 1)While restrictions on data collection might be desirable to assure that consumer privacy is protected, there is some question as to how the technology manufacturer would determine what constitutes "data necessary for the operation of the vehicle." As an alternative, the Committee suggests the bill be amended to require the manufacturer to disclose to consumers what data actually will be collected. In this manner, the consumer can then make an informed choice as to whether he or she wishes to purchase the technology, given its data collection capabilities. 2)Successful testing and operation of this technology with drivers behind the wheel will no doubt prepare the public for the eventual driverless operation of autonomous vehicles. Once assured that these vehicles can safely drive themselves, a future legislature will almost certainly want to provide statutory authorization for driverless operation. At this point, however, that assurance has not been achieved. The Committee therefore suggests that provisions that potentially authorize driverless operation be removed from the bill. 3)The bill currently allows the use of autonomous technology to move beyond the employee-testing phase to use by the general public when its manufacturer submits "a certification that the manufacturer has tested the autonomous technology on public roads." This provides no assurance that the technology is in any way safe or effective. The Committee suggests the bill be amended so that the testing standards are developed and test results are evaluated by an independent third party, approved by DMV, such as the Institute for Transportation Studies at UC Berkeley or the CHP. REGISTERED SUPPORT / OPPOSITION : SB 1298 Page 8 Support California Chapter of the American Fence Association California Fence Contractors' Association California Foundation for Independent Living Centers Engineering Contractors' Association Flasher Barricade Association Google Marin Builders Association Motor & Equipment Manufacturers Association Personal Insurance Federation of California Technology Association of America Opposition Alliance of Automobile Manufacturers Consumer Alert Global Automakers Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093