Bill Text: CA SB1298 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: autonomous vehicles: safety and performance
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-25 - Chaptered by Secretary of State. Chapter 570, Statutes of 2012. [SB1298 Detail]
Download: California-2011-SB1298-Amended.html
Bill Title: Vehicles: autonomous vehicles: safety and performance
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-25 - Chaptered by Secretary of State. Chapter 570, Statutes of 2012. [SB1298 Detail]
Download: California-2011-SB1298-Amended.html
BILL NUMBER: SB 1298 AMENDED BILL TEXT AMENDED IN SENATE APRIL 16, 2012 AMENDED IN SENATE APRIL 9, 2012 INTRODUCED BY Senator Padilla FEBRUARY 23, 2012 An act to add Division 16.6 (commencing with Section 38750) to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1298, as amended, Padilla. Vehicles: autonomous vehicles: safety and performance requirements. Existing law requires the Department of the California Highway Patrol to adopt rules and regulations that are designed to promote the safe operation of specific vehicles, including, among other things, schoolbuses and commercial motor vehicles. This bill would authorize the operation of an autonomous vehicle, as defined, on public roads by a licensed driver if either of 2 conditions applies, including, among other things, that the manufacturer of the autonomous technology certifies that the autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator and that the autonomous technology meets all applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those provisions. The bill would requirethat federal regulations promulgated by the National Highway Traffic Safety Administration (NHTSA) would supersede these provisions when found to be in conflict. The bill wouldthat, 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, an autonomous vehicle may not be operated on public roads unless a licensed driver is seated in the driver's seat of the vehicle. The bill would also authorize the Department of 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 on California's public roads , including, among other things, specific recommendations for the operation of an autonomous vehicle without the presence of a licensed driver . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Division 16.6 (commencing with Section 38750) is added to the Vehicle Code, to read: DIVISION 16.6. Autonomous Vehicles 38750. The Legislature finds and declares all of the following: (a) Development is actively under way of new technology that, through the use of computers, sensors, and other systems, permits a motor vehicle to operate without the active control and continuous monitoring of a human operator. Motor vehicles with this technology, referred to as "autonomous vehicles," offer significant potential safety, mobility, and commercial benefits for individuals and businesses in the state and elsewhere. (b) Autonomous vehicles have been operated safely on public roads in the state in recent years bycompaniesentities developing and testing this technology. (c) The State of California, which presently does not prohibit or specifically regulate the operation of autonomous vehicles, desires to encourage the current and future development, testing, and operation of autonomous vehicles on the public roads of the state. The state seeks to avoid interrupting these activities while at the same time creating appropriate rules intended to ensure that the testing and operation of autonomous vehicles in the state are conducted in a safe manner. (d) Toward that end, the Legislature finds it appropriate to authorize the establishment of specific safety requirements for the testing and operation of autonomous vehicles, and to require that future testing and operation of autonomous vehicles in the state comply with those requirements. 38751. (a) For purposes of this division, the following definitions apply: (1) "Autonomous technology" means technology that has the capability to drive the vehicle on which it is installed without the active control or continuous monitoring by a human operator. (2) (A) "Autonomous vehicle" means any vehicle equipped with autonomous technology. (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) 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 by a licensed driver if either of the following applies: (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 for testing purposes. For testing purposes, a human operator shall be present in the autonomous vehicle such that he or she has the ability to monitor the vehicle's performance and intervene, if necessary, unless the vehicle is being tested or demonstrated on a closed course. Prior to the start of testing in this state, the entity performing the testing must obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000).An autonomous vehicle may be tested on the public roads of the state with the autonomous technology engaged only if the entity performing the tests has completed at least 10,000 miles of prior road testing with the autonomous technology engaged on a vehicle.(2) The manufacturer of the autonomous technology certifies 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 shall do either of the following: (i) Require the operator to take control of the autonomous vehicle. (ii) If the operator is unable to take control of the autonomous vehicle,or the operator is not physically present inside the vehicle,be equipped with technology capable of moving the autonomous vehicle safely out of traffic and to a complete stop. (D) If limitations of the autonomous technology installed on the autonomous vehicle make it necessary for the operator to be physically present inside the autonomous vehicle when the autonomous technology is engaged, 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 technology meets all 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 adversely affect any safety features of the autonomous vehicle that are mandated by federal regulations.(c) For purposes of this section, a person is the operator of an autonomous vehicle when the person causes the autonomous technology to engage, regardless of whether the person is physically present in the vehicle while it is engaged.(d) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede this section when found to be in conflict with this section.(c) 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.(e)(d) The Department of the California Highway Patrol may, in consultation with the Department of Motor Vehicles, recommend to the Legislature additional requirements for the safe operation of autonomous vehicles on California's public roads , including, but not limited to, specific recommendations for the operation of an autonomous vehicle without the presence of a licensed driver .