Amended in Assembly April 11, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2866

Introduced by Assembly Member Gatto

February 19, 2016

An act to begin delete add and repeal Division 16.65 (commencing with Section 38755) end delete begin insert amend Section 38750 end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2866, as amended, Gatto. Autonomous vehicles.

Existing law establishes certain criteria that must be met by a manufacturer of an autonomous begin delete vehicle end delete begin insert vehicle, as defined, end insert in order for begin delete the manufacturer end delete begin insert an eligible driver, as specified, end insert to operate the autonomous vehicle for testing purposes on public roads. begin insert Existing law requires the driver to 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. Existing law requires, as part of an application by the manufacturer to the Department of Motor Vehicles, a certification that the autonomous vehicle allows the operator, as defined, to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, as specified, and a certification that the autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards. Existing law provides that federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede these provisions when found to be in conflict with any other state law or regulation. end insert

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This bill would, notwithstanding those provisions, until January 1, 2018, require the Department of Motor Vehicles and the Department of the California Highway Patrol to conduct a pilot project in conjunction with one or more manufacturers of autonomous vehicles to test the safety and feasibility of operating autonomous vehicles on public roads. The bill would require the Department of Motor Vehicles to select 3 counties in which to conduct the pilot project and to contract with local law enforcement agencies to participate in the pilot project in each county. The bill would require the Department of Motor Vehicles to report the results of the pilot project to the Legislature on or before July 1, 2018. The bill would repeal these provisions on January 1, 2019.

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This bill would authorize, notwithstanding the above requirements, the operation of an autonomous vehicle without a driver in the vehicle or an autonomous vehicle not equipped with a brake pedal, accelerator pedal, or steering wheel on public roads for testing and operation purposes if all other requirements of the above provisions are met and the operator of the autonomous vehicle is capable of taking immediate control of the vehicle in the event of an autonomous technology failure or other emergency. The bill would require the department to adopt conforming regulations no later than July 1, 2018. The bill would require the department to submit a report on the results of the testing and operation of these autonomous vehicles to the Legislature, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 38750 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

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.

(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.

(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 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.

(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.

(3) Prior to the start of testing in this state, the manufacturer
performing the testing shall obtain an instrument of insurance,
surety bond, or proof of self-insurance 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.

(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 pursuant
to subdivision (d).

(3) A certification that the manufacturer will maintain, an
instrument of insurance, a surety bond, or proof of self-insurance
as specified in regulations adopted by the department pursuant to
subdivision (d), in an amount of five million dollars ($5,000,000).

(d) (1)  begin insert (A) end insert begin insert   end insert As soon as practicable, but no later than January
1, 2015, the department shall adopt regulations setting forth
requirements for the submission 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).

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(B) (i) As soon as practicable, but no later than July 1, 2018,
the department shall adopt regulations setting forth requirements
for the testing and operation of an autonomous vehicle without a
driver in the vehicle and an autonomous vehicle not equipped with
a brake pedal, accelerator pedal, or steering wheel, in accordance
with subdivision (i).

end insert begin insert

(ii) The regulations adopted pursuant to clause (i) shall remain
in effect, as initially adopted or as amended, until four years after
the effective date of the regulations.

end insert begin insert

(iii) Notwithstanding Section 10231.5 of the Government Code,
the department shall submit a report, pursuant to Section 9795 of
the Government Code, on the results of the testing and operation
of autonomous vehicles described in subdivision (i) to the
Legislature no later than six months after the regulations are no
longer in effect.

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(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 shall approve an application submitted
by a manufacturer pursuant to subdivision (c) 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).

(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 pursuant to paragraph (1), that such a requirement is
necessary to ensure the safe operation of those vehicles on public
roads. The 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 adopts the regulations required by
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 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.

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(i) Notwithstanding paragraph (2) of subdivision (b) and
subparagraph (D) of paragraph (1) of subdivision (c), an
autonomous vehicle without a driver in the vehicle or an
autonomous vehicle not equipped with a brake pedal, accelerator
pedal, or steering wheel may be operated on public roads for
testing and operation purposes, pursuant to regulations specified
in subparagraph (B) of paragraph (1) of subdivision (d), if all
other requirements of this section are met and the operator of the
autonomous vehicle is capable of taking immediate control of the
vehicle in the event of an autonomous technology failure or other
emergency.

end insert

begin delete

SECTION 1.  

Division 16.65 (commencing with Section 38755)
is added to the Vehicle Code, to read:

 

Division 16.65.  Autonomous Vehicle Pilot
Project

 

38755.  

Notwithstanding subdivisions (b) and (c) of Section
38750, the Department of Motor Vehicles and the Department of
the California Highway Patrol shall, in conjunction with one or
more manufacturers of autonomous vehicles, conduct a pilot project
to test the safety and feasibility of operating autonomous vehicles
on public roads.

38756.  

The Department of Motor Vehicles shall select three
counties in which to conduct the road tests, and shall contract with
local law enforcement agencies for purposes of participating in
the road testing prior to conducting any road tests. A local agency
may consent to contract and participate, but shall not be required
to contract and participate, in the pilot project. The pilot project
shall commence on January 1, 2017, and shall terminate on January
1, 2018.

38757.  

(a) For purposes of this division, the terms
“autonomous vehicle” and “manufacturer” have the same meaning
as set forth in Section 38750.

(b) Autonomous vehicles tested in the pilot project are not
required to be equipped with a steering wheel, brake pedal, or
accelerator, and may be operated without a driver inside the
vehicle.

38758.  

The Department of Motor Vehicles shall report the
results of the pilot project to the Legislature on or before July 1,
2018. A report submitted pursuant to this subdivision shall be
submitted pursuant to Section 9795 of the Government Code.

38759.  

This division shall remain in effect only until January
1, 2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.

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