BILL ANALYSIS Ó
AB 2866
Page 1
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 2866
(Gatto) - As Amended April 11, 2016
SUBJECT: Autonomous vehicles
SUMMARY: Requires the Department of Motor Vehicles (DMV) to
adopt regulations for the testing and operation of autonomous
vehicles without a driver in the vehicle and without a brake
pedal, accelerator pedal, or steering wheel. Specifically, this
bill:
1)Authorizes the testing and operation of autonomous vehicles
without a driver in the vehicle and not equipped with a brake
pedal, accelerator pedal, and steering wheel, pursuant to
regulations adopted by DMV and subject to all other
requirements of existing law.
2)Requires DMV to, by July 1, 2018, adopt regulations for the
testing and operation of autonomous vehicles without a driver
in the vehicle and autonomous vehicles not equipped with a
brake pedal, accelerator pedal, or steering wheel.
3)Provides that the regulations adopted by DMV shall remain in
effect until four years after their effective date.
AB 2866
Page 2
4)Requires DMV to report on the results of the autonomous
vehicles deployed under these regulations no later than 6
months after they are no longer in effect.
EXISTING LAW:
1)Authorizes the operation of autonomous vehicles on public
roads for testing purposes under certain circumstances
specified in regulations adopted by the DMV.
2)Requires DMV, by January 1, 2015, to adopt regulations setting
forth requirements for the application to operate autonomous
vehicles on public roads for non-testing purposes.
3)Prohibits the operation of autonomous vehicles on public roads
for non-testing purposes unless the manufacturer of the
vehicles submits an application to DMV that is approved
pursuant to DMV regulations.
4)Requires the application submitted to DMV for the operation of
autonomous vehicles on public roads for non-testing purposes
to include a certification from the manufacturer that the
vehicle's autonomous technology allows the operator to take
control through the use of the brake, the accelerator pedal,
or the steering wheel and that the vehicle's autonomous
technology meets and does not make inoperative any Federal
Motor Vehicle Safety Standards (FMVSS) and all other
applicable safety standards and performance requirements
established by state and federal law.
5)Requires DMV to approve an application submitted by a
manufacturer for the operation of autonomous vehicles for
AB 2866
Page 3
non-testing purposes if DMV finds that the applicant has
submitted all information and completed testing necessary to
satisfy DMV that the autonomous vehicles are safe to operate
on public roads and the applicant has complied with all
requirements specified in DMV regulations.
6)Authorizes DMV to impose additional requirements it deems
necessary to ensure the safe operation of autonomous vehicles
if those vehicles are capable of operating without the
presence of a driver inside the vehicle, including the
presence of a driver in the driver's seat of the vehicle, if
DMV determines that such a requirement is necessary to ensure
the safe operation of those vehicles on public roads.
7)Requires DMV to notify the Legislature of the receipt and
approval of an application from a manufacturer seeking to
operate autonomous vehicles capable of operating without the
presence of a driver inside the vehicle on public roads for
non-testing purposes.
FISCAL EFFECT: Unknown
COMMENTS: In response to arguments for the traffic safety
benefits of increasingly automated vehicle technology, the
Legislature passed and the Governor signed legislation requiring
DMV to adopt regulations for the operation of autonomous
vehicles on California's public roads in 2012 [SB 1298
(Padilla), Chapter 570, Statutes of 2012]. The rollout of DMV's
regulations was separated into two stages: regulations for
insurance requirements for the purposes of testing autonomous
vehicles and regulations for the full deployment of autonomous
vehicles on California roads for non-testing purposes. Both
sets of regulations were required to be adopted by January 1,
2015. DMV adopted testing regulations on May 19, 2014, and has
yet to adopt regulations for the deployment of autonomous
AB 2866
Page 4
vehicles for non-testing purposes. DMV is reluctant to make a
final regulatory action until it receives more input from the
public and stakeholders.
The original legislation directing DMV to adopt these
regulations includes several requirements for the operation of
autonomous vehicles, including the presence of an operator
inside the vehicle and the ability of the operator to take over
control of the vehicle from the autonomous technology through
the use of the brake, the accelerator pedal, or the steering
wheel. Existing law also allows DMV to include any other
testing, equipment, and performance standards that DMV concludes
are necessary to ensure the safe operation of autonomous
vehicles, with or without the presence of a driver in the
vehicle. Early drafts of the DMV regulations for the operation
of autonomous vehicles for both testing and non-testing purposes
exclude the use of vehicles that are capable of operation
without the presence of an operator inside the vehicle.
The author raises concerns with the current proposed contents of
DMV's upcoming regulatory package, relating specifically to the
prohibition on autonomous vehicles without a licensed driver in
the vehicle, and without the specified technical attributes.
The author believes that, by not allowing these types of
vehicles to be tested or operated in California, DMV risks
stifling technological innovation in the state and encouraging
manufacturers advancing this technology to relocate to other
states with less restrictive autonomous vehicle standards. Some
estimates suggest that fatalities from motor vehicle accidents
could fall by 90% and save $190 billion once autonomous vehicles
become prevalent in the state.
AB 2866 would authorize the operation of autonomous vehicles
without a driver inside the vehicle and not equipped with a
brake pedal, accelerator pedal, or steering wheel, pursuant to
regulations that this bill would require DMV to adopt. Those
AB 2866
Page 5
regulations would be adopted by July 1, 2018 and would remain in
effect for 4 years, after which DMV would report on the results
of the testing and operation of these autonomous vehicles to the
Legislature.
By directing DMV to include these types of autonomous vehicles
in its regulatory framework, the author intends to keep the
development of technology in California, and ensure access to
autonomous vehicles for all Californians, particularly those who
are unable to drive conventional motor vehicles. The author
believes AB 2866 will enable the state to reap the economic and
public health benefits of autonomous vehicles, which "have the
potential to save Californians' lives, time and money."
DMV has undertaken a careful, thorough approach to adopting
autonomous vehicle regulations since SB 1298 was signed by the
Governor in 2012. The department has conducted numerous public
hearings and workshops to receive input from manufacturers,
technology companies, academics, privacy advocates, the disabled
community, consumer groups, and other stakeholders. The
approach that has been developed is incremental but has a heavy
focus on ensuring that the vehicles that are operated on
California's roads are as safe as possible. Although DMV has
yet to initiate the formal regulatory process for the operation
of autonomous vehicles for non-testing purposes, it has used the
time since its deadline to continue to engage stakeholders to
work through the issues associated with creating a regulatory
framework for a still-emerging technology and that has no analog
in other states or at the federal level. As the department has
articulated in the past, the technology is still ahead of the
law in this area.
Out of concern for losing out on technological innovation and
the corresponding economic and public health benefits, AB 2866
would force DMV to make larger strides in the development of its
regulations by removing the department's discretion to make
AB 2866
Page 6
incremental steps towards approving technologies that do not
require the oversight of a licensed driver and physical override
mechanisms in the vehicle. This concern is likely a valid one,
as some major manufacturers of autonomous vehicles are already
currently testing in other states.
Equally valid a concern is that the technology required for the
operation of the vehicles specified in this bill may not yet
exist at a level that could be widely deployed in a safe manner
in California if new regulations were to be adopted.
Manufacturers testing autonomous vehicles in California are
required to report to DMV when the autonomous technology
disengages due to technological failure or other conditions.
DMV has received hundreds of disengagement reports stemming from
a variety of conditions. For example, autonomous technology has
yet to be proven infallible in poor weather conditions or when
driving on the state's dilapidated road infrastructure.
While questions remain on the negative impact of overly
restrictive regulations or the status of the technology
generally, this bill compels DMV to keep pace with the rate of
technological advancement at the level that some manufacturers
are arguing is necessary to keep the state competitive in
attracting innovation. Previous versions of this bill requiring
DMV to conduct a pilot with autonomous vehicles without a driver
in the vehicle would have removed the operation of those
vehicles from the existing safety, testing, and regulatory
framework established by
SB 1298. The current version of AB 2866 would merely require
DMV to adopt additional regulations under that scheme, leaving
that framework intact and in effect, including the requirement
that all vehicles comply with all FMVSS. To the extent current
FMVSS require the physical controls specified in this bill in
most vehicles, autonomous or otherwise, and existing statute
requires vehicles comport to those standards, these vehicles may
AB 2866
Page 7
not be able to operate in California until they are in
compliance with federal requirements or receive a federal
exemption. However, by conforming the new regulations with
existing statute, AB 2866 minimizes the impact of directing DMV
to initiate a new regulatory process. After the regulations are
no longer in effect and the department submits its report, the
Legislature will have additional information with which to make
a decision on the future of autonomous vehicles in the state.
The author may wish to consider future amendments authorizing
DMV to use its existing regulatory process to the extent
possible as a basis for its future regulations, in order to
further expedite the process and encourage consistency between
all autonomous vehicle rules.
Federal developments: In January 2016, United States Department
of Transportation Secretary Anthony Foxx announced President
Obama's Fiscal Year 2017 budget proposal to allocate nearly $4
billion over ten years towards accelerating the development of
autonomous vehicle technology through real-world pilot projects.
Additionally, Secretary Foxx announced that the National
Highway Traffic Safety Administration (NHTSA) will, within six
months, both consult with industry and other stakeholders to
develop guidance on the safe deployment and operation of
autonomous vehicles, and consult with state partners, the
American Association of Motor Vehicle Administrators, and other
stakeholders to develop a model state policy on automated
vehicles that offers a path to consistent national policy.
According to DMV, the department has been in constant
communication with NHTSA on the topic of its autonomous vehicle
regulations and will likely be able to easily comport its
regulatory package to NHTSA's model state policy.
Related legislation: AB 1592 (Bonilla) authorizes the Contra
Costa Transportation Authority to conduct a pilot project for
the testing of autonomous vehicles under specific conditions.
AB 2866
Page 8
AB 1592 passed out of this committee on April 4, 2016 with a
16-0 vote, and passed off the Assembly Floor with a 75-0 vote.
AB 1592 is currently awaiting assignment in the Senate Rules
Committee.
AB 2682 (Chang) requires DMV, upon the development of a model
state policy on autonomous vehicles by NHTSA, to hold public
hearings on the model policy and consider, to the extent
authorized by other law, conforming department regulations with
that policy. AB 2682 passed out of this committee on April 4,
2016, with a 16-0 vote, and is currently awaiting a hearing in
the Assembly Appropriations Committee.
Previous legislation: SB 1298 (Padilla), Chapter 570, Statutes
of 2012, established conditions for the operation of autonomous
vehicles upon public roadways.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
Consumer Watchdog
AB 2866
Page 9
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093